The Education Wars: Alternate Testing

Virginia wants to crack down on wrongful use and misuse of alternate testing for special education students.

It's pretty clearly spelled out in NCLB that only the students who are the most cognitively disabled take the tests. The tests aren't supposed to be used to inflate overall school test scores.

It is administrators, like the asshole I worked for at a middle school in Washoe County School District, who pressure teachers to cheat with this testing in order to inflate test scores. In my case, I adamantly refused, and ultimately paid for this with my career:

The effort by state lawmakers and education officials targets "portfolio" tests, which have helped increase passing rates at many schools by allowing students to avoid the multiple choice tests in favor of more flexible, individually tailored assessments. Critics have said that the alternative tests undermine Virginia's widely praised accountability system and overstate the progress districts are making in closing achievement gaps between racial groups.

State leaders say they are worried that portfolios, intended to help a select group of special education students who are learning grade-level material but cannot demonstrate what they know on a multiple choice test, are being overused.

"When you look at the growing numbers across the state, it appears there really is a problem here," said Del. John M. O'Bannon III (R-Henrico).

More Education Wars

While I am glad a school district has been exposed for penalizing special education teachers for merely following the law, people need to understand what they are going through is very commonplace in education. I went through this with an asshole administrator at a middle school, when he attempted to get me to violate federal law--not just NCLB but IDEA as well--to put all of my sped kids in my self-contained life skills class on alternate testing, even though only two of my eight or nine students qualified. He didn't care about the legality; all he cared about what his own career and whether the schoolwide test scores would be pulled down by having most of my kids take a test they are required to take. I won this battle, but ultimately lost the war as he found ways to retaliate, and that in large part ultimately led to my wrongful termination. I think in the end, the district is going to pay very dearly for what it has done, and it should.

Seattle will because those teachers knew where to turn, but I didn't. I didn't realize I could have filed a federal lawsuit against this district and this administrator at the time, but the statute of limitations has run out, as I was told by an attorney friend. Asshole gets off scot-free, or so he thinks. I, though, have other ideas. I am not going to let the district get away with this and other malfeasance.

One should note this:

All the parents in Jackson's class refused the test.

Judy Kraft says that's their right. But in large numbers, those refusals would cause problems. Federal regulations say 95% of disabled kids have to take tests like the WAAS and the WASL. When districts and schools don't hit that number, their federal funding is jeopardized.

Jackson's teacher and her colleague have appealed their suspension. They're back in the classroom for now. Jackson's teacher didn't return a call for comment. Her colleague says their lawyer told them not to talk to reporters. Their spokesperson says they're filing a complaint with the U.S. Office of Civil Rights, under the Americans with Disabilities Act.

Actually, this isn't exactly accurate. Just because kids are "disabled" doesn't mean they automatically qualify for alternate testing. Most "disabled" kids take standardized testing; only the most severely cognitively impaired students take the alternate tests. Federal law is strict about that in order to prevent cheating by unscrupulous administrators, although in my case it certainly didn't stop him from approaching me--completely illegal.

Those two teachers got off easy; they were only suspended. They HAVE their jobs, but my career is ruined in large part because of this prick of an administrator.

I Sympathize With These Teachers

and hope they prevail in the courts; it is wrong and illegal for administrators to penalize teachers for doing what is best for their students and for doing what the parents legally request.

I went through a similar thing with a rogue administrator who wanted me to put my students on alternate testing, which they did not qualify for, solely because he wanted the standardized test scores to look better. After a screaming match with this administrator for my refusing to carry out his illegal request, he backed down, but from then on engaged in what I believe was retaliation for it. The thing is, the district is still not aware of it.

Because the statute of limitations has passed to file a civil rights lawsuit, I am shit out of luck, but I think I have an ace up my sleeve that I can use eventually. The union and its attorneys, by the way, were aware of this administrator's actions, and they did NOT at any time advise me to take any legal action during which time I could have filed a lawsuit against the district and that administrator.

I lost my job in huge part because of this administrator's retaliatory tactics, and I'll be damned if I am going to help this district in any lawsuit of which it is a party.

Snip:

Teachers and parents plan to file separate
complaints with the Office of Civil Rights. The
Americans with Disabilities Act (ADA) prohibits
discrimination or retaliation against
individuals who advocate on behalf of persons
with disabilities (see addendum 2, below). “In
the next two weeks, PEN will assist parents and
teachers in taking appropriate legal action
against the Seattle School District and,
possibly, the OSPI,” stated Juanita Doyon.

I am not aware of any such group in Nevada and was not told of one.

As the World Turns.

Oregon stupidly is going to make their alternate assessments for moderate-to-severe disabled schoolchildren more academic.

Some of these kids, such as severe autistics and those with severe cerebral palsy CAN'T recall simple text when read aloud.

It's another absurd mandate having no basis in reality.
_____

Right-wing shill extraordinaire, Victoria Toensing, demands to know why only Scooter Libby is being persecuted by prosecutor Fitzgerald.
_____

A high incidence of autism in New Jersey is explained.
_____

As we all know, NAFTA helped stop the flow of illegal immigration into the United States.
_____

Oprah has taken to the racetrack, and she pulled off a three-quarters of a length victory in Barbara Fritchie Breeders' Cup Handicap at Laurel Park yesterday.

Oprah Winney, that is.
_____

These Mount Hood mountain climbers fared better than those ones in December.
_____