We are holding 100% of them accountable! Even the kids who are terminally ill have to take the test

[proud2BlibKansan]

A couple years ago a student of mine had what we used to call a nervous breakdown and was hospitalized. His prognosis was good as long as he was able to remain in the psychiatric hospital for a month. Only it was state testing time! He had to be tested! His doctors strongly recommended he not be subjected to the stress of the tests. So we made calls and wrote letters and attached doctors' statements requesting that this very sick 9 year old be excused from the tests.

And the answer was NO.

We found out that a year or so previously, a student in a nearby school was terminally ill. His principal had also pleaded to excuse him from the test. But again the answer was no. This principal (who obviously had a heart) decided this dying child did not need to be tested so she refused to go to his death bed and make him fill in bubbles.

But you can't fail to test 100% of your kids. If you do, your other scores don't matter. So this principal's school was placed in the failing pile. Because she refused to make a terminally ill child take a standardized test.

Bush was president when this happened. The most remarkable thing about the NCLB legislation he was so proud of was its rigidity. Schools have to test 100% of the kids and by 2014, 100% must be proficient. No exceptions.

I had not only hoped but I felt reasonably certain that any Democrat elected president would at the very least modify the requirements in NCLB and we would never again have to test a child who is terminally ill.

WRONG.

Obama hasn't touched the rigidity; he has made it worse. NCLB is now on steroids. Now we have to compete for federal funds for our schools. And if we are compassionate and decide not to test our kids who are hospitalized, we are labeled as failing.

No Title I school in the country can survive without Title I funding. Taking it away, as Race to the Top is doing, is a death sentence.

This year once again I have a student who is ill. She has a brain injury, almost died 3 months ago and is still very ill. And rather than do the right thing and refuse to test her, arrangements have been made to release her from the hospital so she can come to school for a half a day during the testing month and take her test. A few weeks ago she had no skull cap. And come Monday, she will be at school, stitches still healing from where they sewed her head back together, and take her test.

If it doesn't outrage you that for the sake of accountability we are subjecting critically ill and dying children to stressful standardized testing, then you don't have a heart.

President Obama has not only refused to change this ridiculous 100% accountability mandate, he has raised the bar even higher by endorsing mass firings, taking Title I funding away from schools serving low income kids, and increasing charter school funding.

But I am not a teacher complaining about this ridiculous accountability mandate because I will lose my job or not get a raise. And even though I am repulsed by the union busting and mass firings, that is not my primary concern either.

IT IS DESPICABLY CRUEL TO TEST CHILDREN WHO ARE CRITICALLY ILL. I would gladly give up my 2 or 3% salary increase if I didn't have to test these kids. Gladly. The kids are every good teacher's primary concern. We complain about NCLB and its steroid injection by this president because it is NOT what is best for our kids. It's really as simple as that.

If this outrages you even a little bit, please call your congress reps - especially if they are Democrats - and insist that the 100% accountability mandates be removed from this bill.

Thank you.

[pnwmom]

1. I hope you will take a chance and send this letter to Obama. Then we can all hope

yours is one of the ten letters he reads that day.

[Berry Cool]

2. And you should write him a letter.

It just might get his attention.

This policy is ridiculous.

[proud2BlibKansan]

3. I have written him

I also have called several congress reps. They were outraged.

But we still have to test 100% of our kids. No one listens to teachers anymore.

[Dinger]

4. K & R

It outrages me more than a little bit. I hope the kids you mentioned are doing better. Schools that force critically ill kids to test should be charged with a crime.

[proud2BlibKansan]

5. Then we are going to have to charge all of our schools

It's in the law. 100% accountability.

[msongs]

6. none of this applies to obama's own kids of course, just yours nt

[proud2BlibKansan]

8. Good observation

:thumbsup:

[Althaia]

66. yeah, they go to a private school

[jody]

7. I love quoting Bible verses in cases like this.

Mat 12:43 When the unclean spirit is gone out of a man, he walketh through dry places, seeking rest, and findeth none.

Mat 12:44 Then he saith, I will return into my house from whence I came out; and when he is come, he findeth it empty, swept, and garnished.

Mat 12:45 Then goeth he, and taketh with himself seven other spirits more wicked than himself, and they enter in and dwell there: and the last state of that man is worse than the first. Even so shall it be also unto this wicked generation.

[Mojeoux]

29. What The Fucking Fuck!? n/t

[Nikki Stone1]

36. Here's the whole context

The Sign of Jonah

38Then some of the Pharisees and teachers of the law said to him, "Teacher, we want to see a miraculous sign from you."

39He answered, "A wicked and adulterous generation asks for a miraculous sign! But none will be given it except the sign of the prophet Jonah. 40For as Jonah was three days and three nights in the belly of a huge fish, so the Son of Man will be three days and three nights in the heart of the earth. 41The men of Nineveh will stand up at the judgment with this generation and condemn it; for they repented at the preaching of Jonah, and now one greater than Jonah is here. 42The Queen of the South will rise at the judgment with this generation and condemn it; for she came from the ends of the earth to listen to Solomon's wisdom, and now one greater than Solomon is here.

43"When an evil spirit comes out of a man, it goes through arid places seeking rest and does not find it. 44Then it says, 'I will return to the house I left.' When it arrives, it finds the house unoccupied, swept clean and put in order. 45Then it goes and takes with it seven other spirits more wicked than itself, and they go in and live there. And the final condition of that man is worse than the first. That is how it will be with this wicked generation."

http://www.biblegateway.com/passage/?search=Matthew+12&version=NIV

And a "translation"

http://www.biblegateway.com/passage/?search=Matthew%2012&version=MSG

38Later a few religion scholars and Pharisees got on him. "Teacher, we want to see your credentials. Give us some hard evidence that God is in this. How about a miracle?"

39-40Jesus said, "You're looking for proof, but you're looking for the wrong kind. All you want is something to titillate your curiosity, satisfy your lust for miracles. The only proof you're going to get is what looks like the absence of proof: Jonah-evidence. Like Jonah, three days and nights in the fish's belly, the Son of Man will be gone three days and nights in a deep grave.

41-42"On Judgment Day, the Ninevites will stand up and give evidence that will condemn this generation, because when Jonah preached to them they changed their lives. A far greater preacher than Jonah is here, and you squabble about 'proofs.' On Judgment Day, the Queen of Sheba will come forward and bring evidence that will condemn this generation, because she traveled from a far corner of the earth to listen to wise Solomon. Wisdom far greater than Solomon's is right in front of you, and you quibble over 'evidence.'

43-45"When a defiling evil spirit is expelled from someone, it drifts along through the desert looking for an oasis, some unsuspecting soul it can bedevil. When it doesn't find anyone, it says, 'I'll go back to my old haunt.' On return it finds the person spotlessly clean, but vacant. It then runs out and rounds up seven other spirits more evil than itself and they all move in, whooping it up. That person ends up far worse off than if he'd never gotten cleaned up in the first place.

"That's what this generation is like: You may think you have cleaned out the junk from your lives and gotten ready for God, but you weren't hospitable to my kingdom message, and now all the devils are moving back in."

[Mojeoux]

30. What The Fucking Fuck!? n/t

[donco6]

50. In other words, you get rid of one devil and make room for seven. n/t

[walldude]

33. OOhh bible verses... nothing like using a bit of fiction and mythology

to make a point. :rofl: :rofl:

[arthritisR_US]

117. no kidding!. A bit of George Orwell would have worked better. n/t

[Fumesucker]

9. 100% accountability, except of course when we must look forward rather than backward..

You know, like when powerful politicians do illegal things such lying us into a war or two..

Another example of the two tiers of justice we have in this nation.

[Kitty Herder]

18. Good point. nt

[midnight]

76. True.

[stillwaiting]

98. They set purposefully unattainable accountability standards for the riff-raff

so that they can continue to shaft us. Clearly both parties are in on it.

Of course they are hypocrites and seem to hold basically 0% accountability when those amongst their ranks in power (government/multinationals) do much, much, MUCH worse.

It clearly seems that if you continue to maintain or further entrench the status quo in this nation you are well protected. If you are fighting AGAINST the status quo, you better watch your step.

100% accountability for the masses; 0% accountability for them.

What an outrage!

[Echo In Light]

10. k/r

[Starry Messenger]

11. Politicians and businesspeople seem to live in Dick & Jane lala land

Schools seem to occupy some fantasyland that never intersects with the real world for these bottom-line assholes.

[proud2BlibKansan]

15. What gets me is how the PTB are always talking about what's best for kids

And THEIR policies like this are not even close to being what's best for kids.

[Starry Messenger]

17. You have to translate from bizarro to English

When they say "best for kids" it should read "worst for kids", "Merit pay" should be "Punishment fine", etc.

[madfloridian]

12. Recommended...

[proud2BlibKansan]

16. Thanks

[Jim__]

13. Bureaucracy gone completely insane. - n/t

[Solly Mack]

14. R'd

[SocialistLez]

19. Yikes

Now I see why my teachers went crazy when it came to making sure everyone showed up on test day.

[LisaM]

20. K and highly recommended

Although I disagree mightily with Obama's policy, and his horrible "Race to the Top" program (especially pitting states against each other for funding - this is not the NCAA basketball tournament), I do think that this must be something he has not considered and is not aware of. Because one of his better qualities is his ability to be flexible when he's been wrong, or at least unaware of all the implications something might have.

This must be brought to his attention. Katherine Sebelius has his ear. Do you know anyone who can get this information to her?

[proud2BlibKansan]

39. That's not a bad idea.

I just might pursue that angle. Thanks!!

[ShortnFiery]

108. "... one of his better qualities is his ability to be flexible when he's been wrong."

Really? As President (and with genuine respect to both you and him), please NAME WHEN he has "been flexible" about the development of any legislation OR an Executive Decision? That is, except for being ready, willing, and able to ACCOMMODATE the corporate right-wing of both parties and help cover-up "misdeeds" of the previous Executive Branch?

----
He was flexible about:

Changing his mind at releasing the "torture pictures."

Changing his mind about health insurance MANDATES.

NOT an inkling of interest in investigating possible criminal actions of his predecessor.

But when has President Obama steered LEFT of center from an original centrist stance?
----

Please forgive me but despite his high intelligence and gregarious manner, I fear President Obama is part of the problem.

IMO, the ONLY way we can get REAL Progressive change that values people over the status quo is to FORCE our Progressive Legislators to "grow a spine" so that they, in turn, WILL FORCE President Obama to do the right thing.

[nightrain]

21. knr. Extremely screwed up priorities!

[1monster]

22. Is there a Hospitable-Homebound program in your school district?

Under such handicapps, she should be allowed to have test administrated in her hospital room, and the test administrator should be allowed read the questions to her and fill in the answers that she gives to the administrator.

The test administrator could make it as relaxed as possible for her.


Another possibility is to have the parents withdraw her from school temporarily (I've had a neighbor do that when her daughter had heart surgery) and then reenroll her a few weeks later when she has recovered somewhat. The parent could request that the teacher(s) send school work via e-mail so she can work at home and keep up so she will not be behind when she returns to school.

WHAT THE HELL DO THEY DO ABOUT CHILDREN IN COMAS?

[proud2BlibKansan]

40. It doesn't matter WHERE she takes the test

She will have accommodations. So that's not a problem. The issue is making her take it in the first place. It's insane.

Funny you would ask about kids in comas. I asked that question. The answer "Well, thankfully we haven't had to deal with that yet."

[progressoid]

23. Bah. You're just mad you didn't get your pony or maybe you need to give him some more time or maybe

I'll just K/R.

:thumbsup:

[unapatriciated]

24. K&R

Thank You from a mother who's child spent a large chunk of his teen years in the hospital where our concerns were with lab test not standardized test.

[proud2BlibKansan]

42. You are welcome

Hopefully your son is doing better.

[unapatriciated]

44. he is disabled, but attending SF Art Institute.

Hopefully he will be able to become self-supporting once he has finished.

[proud2BlibKansan]

45. Sounds wonderful

:)

[Greyhound]

25. There seems to be a pattern forming... K&R.

[katandmoon]

26. That's inhuman.

[RBitt]

27. So what else is new

given the chance to do the right thing, when has Obama done it? It's all about politics with him,
fire teachers, blame the students, screw the pooch on
health care, drill, baby, drill. I give up. My vote does not count, either does yours, anyone got any weed?
Let's all get stoned.

[Ignis]

28. K&R. This was bad policy under Bush, and it remains so.

NCLB needs either a complete overhaul or to be taken out behind the barn and put out of its misery.

[tedk_355]

31. how disgraceful

[PVnRT]

32. But...but...teachers are selfish and don't actually care about kids!

That's what the super-smart people at DU tell me when teachers criticize the administration!

[walldude]

34. I don't know how you do it.. it just seems to get worse on a daily basis...

:hug:

Calls made. E-mails sent. Not that it's going to help but I'll do what I can.

[mzmolly]

35. Part of the reason I think we should be supportive of the choice to

home-school. Obama does need to address this, I will contact my rep asap P2B.

[Capitalocracy]

37. K&R thanks for letting us know this is happening

Lawrence f'ing Kansas FTW

[Kitty Herder]

38. This makes me truly sick. K&R

[proud2BlibKansan]

41. Seriously. I was nauseous when I found this out.

Sick to my stomach. I immediately called my congressman and just went nuts on the phone. I kept saying "WHICH PART OF DYING DO THESE IDIOTS NOT GET??"

:mad:

[gleaner]

43. I find this reprehensible ...

I wonder what the children who are so ill must think of their schools and teachers after the schools are forced to make them take tests when they are so ill. It has got to undermine a lot of their trust in the adults and institutions of their world. It is hard for a young child to understand how a teacher can be forced to do anything. Parents and teachers are the ultimate authority figures. I am so sorry that they and their teachers have to go through this and I will contact my Congressman and Senators to voice my opposition.

While I'm writing, do you know if they are still using this law to give information to the selective service on high school children? This was a clause that Bush buried deep into the hill which I found both disgusting and frightening. He was clearly toying with the idea of a draft and there would be a whole body of information. It also allowed unfettered access by military recruiters to high schools over the objections of parents and others who felt that it was not in the best interest of the children. I had hoped it would be stripped out of the bill too, but I have heard nothing. I think the idea of setting children up to be pressured to enlist or toward some future draft is the very opposite of life affirming. But no one seems to be thinking of the children except the teachers, and the teachers are being forced to pay a pretty high price too. If that is still a part of the law I want to add that to my other comments.

[proud2BlibKansan]

46. Don't know about selective service

But yes, the law still gives military recruiters access to the kids. The parents can opt out of this but they have to do it every year and the requirements vary widely. In some districts, if you opt out you also don't get a yearbook and your name isn't published in the school directory.

[gleaner]

56. Thanks ....

The law was giving the information to the Selective Service which is still there, dormant but waiting. I am familiar with the opt out forms. I'm a Quaker and we were making them available to parents when the schools refused, which they were told they had to do. We also held opt out meetings for parents at off site locations and tried to pressure the government into dropping that provision which was buried so deep in the law that few people were aware of it. With what you have told me, I'm sure it still is, so I will again protest that too as well as the forced testing of our children. With the law and Obama as the driving force behind it firing teachers and breaking unions what is happening to sick children is tantamount to child abuse and it has to stop. K&R.:kick:

[eleny]

47. I had hope

k&r

[Catshrink]

48. This isn't the hopey changey thing I voted for

more like more of the compassionate conversative crap we put up with for 8 years.

[ladywnch]

49. is it possible to use the: the student 'transfered', or moved/withdrew

before the testing time and then have them 'transfer'/move back into the school a few weeks after the testing cycle?......say they were transferring to a specialized school to handle their medical needs and then just move them back in....I mean, they are already in hospital so it's not like they will physically have to change schools and they'd still be in hospital after the testing so it could only be a paper shuffle.

I don't know, would something like that work???

[donco6]

51. No - we're responsible for their educational program as long as -

the parent resides in the district.

[mwooldri]

70. That's odd... my son got "moved" when he went to hospital for a week.

The school district transferred him to the district where the hospital is, plus the hospital has its own "school" within the school system. It can fail NCLB all it likes, because it is its own school. Plus AFAIK it's funded by the hospital not the school system.

When he was well enough to return to school, he had to be re-admitted.

It would appear to me that sick kids at least in NC are being transferred to these hospital schools.

Mark.

[donco6]

80. For a week? Wow.

No, we wouldn't do that. I guess it's different where you are. We only have one hospital with an on-grounds school, so I suppose you could transfer there, but even then I doubt they'd do it for a week.

[proud2BlibKansan]

52. No matter where they are they have to take the test

No way they will be withdrawn. That costs money.

[knitter4democracy]

57. Those schools have to meet AYP, too.

I teach in an alternative school that gets a lot of these kinds of students. We have to test them, too.

[mwooldri]

71. It seems to happen here in NC.

Brenner Children's Hospital has its own school within the Winston-Salem/Forsyth County Schools system... and is counted as a separate entity. Surrounding districts will and do move children who are hospitalized into this school for the duration of their hospital stay and recuperation thereafter.

This happened to my son - we didn't move residence, but he got kicked out of his regular school and got moved to the hospital school. At that school, you're counted present and attended classes if the school teacher shows up at your bedside for about 5 minutes, or if you can make it to the classroom for a bit.

Then we had to fill in paperwork once he was well enough to get him BACK into the school where he was. He *did* get dropped from the rolls. He's not at the age where standardized testing is required (yet) but it would clearly appear this particular school in our district does do this on purpose of them being able to meet AYP - they're successful at doing this because all the surrounding schools aren't meeting AYP and people are wanting to get into this particular school.

[sulphurdunn]

53. The School Privatization Vultures

are devouring public education must faster than I had anticipated. It will be gone in less than a generation unless the people who support public schools organize and fight back NOW!

[yurbud]

54. teachers and kids are accountable, war criminals and Wall Street economic terrorists are not

[proud2BlibKansan]

55. That's about it. n/t

[yurbud]

63. that's my union!

[Richard Steele]

58. K&R

[knitter4democracy]

59. Yup. The alternative high schools, too. No exception for us, either.

We have to meet AYP, too. We get all the students the other schools kick out because of their low test scores, health problems, and behavior issues, and we have to test them and meet AYP, too. We get high schoolers with a 3rd grade reading level, and we have to give them the ACT (Michigan's high school test). Seriously.

The whole thing's a mess.

[YBR31]

60. Write to the media like Rachel Maddow & Ed Schultz and letters to the editor

Maybe you can get some exposure of this and there will be
public outcry against it

[n.michigan]

Its time we act to stop them-MILLION MARCH FOR EDUCATION

Teachers as foolish sheep. Dupes. Easy marks...like the children-dump on them, steal from them. The education pot is huge. Where else is there real money left to target? Anyway, who works harder than a teacher?

The POLITICIANS ARE RESPONSIBLE for this countries condition. It is they who have created the circumstances of our downfall- in education, in our economy, in our infrastructure, our health care, our seniors insecurity.

They are distracting us from the evils they perpetrate. Corrupt politicians deregulated for the corporations. Laws were installed to facilitate the destruction of consumer protections and the environment. Many immunities protect the "government" from accountability. Wall street looted this country with complicit bankers and corporations. Banks were bailed out and not asked for accountability. We hold illegal wars and misplace billions of dollars and to no account.

Now, health care reform- a new mandated consumer market given to a corrupt corporate health sector, yet no requirements to cap the greed/profit and protect our people. No medical care for all.

Teachers, its a joke-on you. Teachers need to hit the streets and stop this take down of public education- for their own respect. Union leadership is the gateway for the sheep.



TIME FOR MILLION MARCH ON DC. NEA and AFT should start it. We need to stop this while we have respect left to activate- emails, faxes, blogs be damned. This needs action. WAKE UP.

They don't care.

[n.michigan]

68. Its time we act to stop them-MILLION MARCH FOR EDUCATION

Teachers as foolish sheep. Dupes. Easy marks...like the children-dump on them, steal from them. The education pot is huge. Where else is there real money left to target? Anyway, who works harder than a teacher?

The POLITICIANS ARE RESPONSIBLE for this countries condition. It is they who have created the circumstances of our downfall- in education, in our economy, in our infrastructure, our health care, our seniors insecurity.

They are distracting us from the evils they perpetrate. Corrupt politicians deregulated for the corporations. Laws were installed to facilitate the destruction of consumer protections and the environment. Many immunities protect the "government" from accountability. Wall street looted this country with complicit bankers and corporations. Banks were bailed out and not asked for accountability. We hold illegal wars and misplace billions of dollars and to no account.

Now, health care reform- a new mandated consumer market given to a corrupt corporate health sector, yet no requirements to cap the greed/profit and protect our people. No medical care for all.

Teachers, its a joke-on you. Teachers need to hit the streets and stop this take down of public education- for their own respect. Union leadership is the gateway for the sheep.



TIME FOR MILLION MARCH ON DC. NEA and AFT should start it. We need to stop this while we have respect left to activate- emails, faxes, blogs be damned. This needs action. WAKE UP.

They don't care.

[sammytko]

61. what do the parents say?

they should tell them, no thanks, lil johnny isn't available. Bye now..

[Moosepoop]

62. "Schools have to test 100% of the kids"

Since when? I thought the NCLB act requires a 95% testing participation rate, to account for things such as seriously ill students as described in the OP. To my knowledge, it's always been 95%, and has not changed. If I'm wrong, I'd like to see the wording for the "100% mandate" that President Obama has "refused to change." When was the requirement raised from 95% to 100%, and where is the indication that Pres. Obama has "refused" to change it?

[proud2BlibKansan]

69. It has always been 100%

You thought wrong.

[Ms. Toad]

77. No. It is 95%

see the text of the law here: http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8058713#8064928

If your school, or your state, is requiring 100% testing you need to take this particular battle up there. This particular issue is not a NCLB issue.

[proud2BlibKansan]

90. If you don't test 100% your school gets an LND

Level Not Determined

An LND score places your school in the non AYP group. For failing to test ONE kid.

Sure it says 95%. But that other 5% has to take alternative testing. They can't skip the test all together.

I've been through this twice now. I know what the law says.

[HughMoran]

106. I think Obama is changing this law

Yes, the Obama plan will eliminate some of the unrealistic mandates of NCLB.

The accountability system known as “adequate yearly progress” — the measure of how much progress schools, school districts and states made annually based on a cockamamie formula involving standardized test scores — will end. That’s good. Under AYP, even excellent schools were deemed to be failing.
http://www.nytimes.com/2010/03/14/education/14child.html

Note that I'm not approving or disapproving of his proposal, but I think this issue may be resolved to an extent in the NCLB proposal he put forth 2 weeks ago.

[Ms. Toad]

113. LND is assigned to the child, not the school

and if the school has more than 5% in the LND category, it goes in the non AYP.

>>Level Not Determined (LND)

Schools must make sure that at least 95 percent of the students in every subgroup are included in the MAP testing. If the 95 percent threshold is not met, that group cannot meet AYP, regardless of the subgroup’s overall scores. Missouri uses the term “Level Not Determined” (LND) to describe students who did not take the appropriate MAP tests or who did not make a valid attempt to complete a test. Thus, if any subgroup’s “LND” number exceeds 5 percent, that group will not meet AYP.<<

http://education.umkc.edu/map/news.html

Not one child, 5% of the students overall, or in each subgroup either not taking the test OR taking an test that doesn't meet the NCLB testing.

(There are also exceptions to this requirement for sub groups so small that requiring 95% participation would serve to identify (and possibly stigmatize) individual children - I don't recall the threshhold at the moment.)

[flyarm]

64. If I was the mother of any of these children..that test would never be given to my child ..

and I wouldn't give a rats ass who was president or what the law said..I would be the law of my child! And tests be damned!

It is an outrage that anyone would subject these children to these tests.

What kind of fucking country have we become?

I would as a parent to any child with health issues that was "told" my child had to take a test..to go fuck themselves..and I would damn well mean it and I would file suit on everyone who attmepted to put my ill child through that..and I would most defintiely take it all the way to the supreme court..and take my chances there..before ever subjecting my child to that..and if that failed..I would take my child out of this country!

enough is a fucking eeeeeeeee........nuf!

[guyton]

74. of course!

you don't ask for permission from the school district, that's insane.

[WinkyDink]

65. In PA, all students, incl. Special Ed, take the exact same State Assessment.

[proud2BlibKansan]

95. They don't have an alternative test?

That's horrible.

[defendandprotect]

67. 100% testing or total failure is the stupidest thing I've ever heard -- and so is NCLB ...

I'll kick this to try to follow on it tomorrow --

Wow!

[guyton]

72. negative score

Odd, it's not a requirement that 100% take it here in Colorado. If a student doesn't take the test, it's just counted as a negative score.

We've had our kids skip the CSAP's as a matter of course, with minimal whining by the school.

I can't imagine a 100% required policy. This is something weird done by the state.

[guyton]

73. (deleted dup posting) nt

[Ms. Toad]

75. The law requries 95%, not 100%

If the child with the brain injury is required to come in for testing Monday, it not NCLB that is mandating it.

20 U.S.C. 6311(b)(2)(I)(ii)

not less than 95 percent of each group of students described in subparagraph (C)(v) who are enrolled in the school are required to take the assessments, consistent with paragraph (3)(C)(xi) and with accommodations, guidelines, and alternative assessments provided in the same manner as those provided under section 612(a)(17)(A) of the Individuals with Disabilities Education Act and paragraph (3), on which adequate yearly progress is based (except that the 95 percent requirement described in this clause shall not apply in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student).


20 U.S.C. 6311(b)(2)(C)(v)

(C) Definition
“Adequate yearly progress” shall be defined by the State in a manner that—
. . .
(v) includes separate measurable annual objectives for continuous and substantial improvement for each of the following:
(I) The achievement of all public elementary school and secondary school students.
(II) The achievement of—
(aa) economically disadvantaged students;
(bb) students from major racial and ethnic groups;
(cc) students with disabilities; and
(dd) students with limited English proficiency;
except that disaggregation of data under subclause (II) shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student;

The law is bad enough without demonizing it for apparently local decisions to implement stricter accountability guidelines.

[gristy]

81. Well, how about that.

thank you!

[Ms. Toad]

83. You're welcome.

I was a teacher for years - I hate the law, but this particular provision is not as bad as it is being portrayed.

If you get into the details, in some cases there are also ways to lower the 95%.

[proud2BlibKansan]

97. No. We can't exclude 5%. They take a different test.

[proud2BlibKansan]

91. As I said above, this doesn't exempt all kids from testing.

This addresses WHO takes WHICH test. The 5% excluded in the section you quoted have to take alternative tests. Schools have to test ALL of their kids.

[Ms. Toad]

105. That is not true. NCLB requires only 95 participation

Here is a Ohio report card for a school which did not test .3% of its kids and made adequate yearly progress. Scroll down to page 3. http://www.ode.state.oh.us/reportcardfiles/2008-2009/DIST/050021.pdf

Every school I looked at includes untested kids (ranging from .1% to 1.2%).

The law says (you can read it above) that to achieve AYP, among other things, you must test at least 95% of your students (category I is the category which includes all students). (The 95% standard must also be met for each of the subgroups (category II) to ensure the school is meeting the needs of each subgroup of students.) It does not say test at least 95% using the standardized test and the other 5% with some different test.

In addition, here is an explanation from then U.S. Secretary of Education Rod Paige as to why the 95% standard was written into the law, and announcing even more flexibility in the test so that if a few more than 95% were absent in any given year, schools are still permitted to meet the 95% standard by averaging their participation over three years:

"Participation in assessments makes our schools more inclusive, responsive and fair in meeting the needs of struggling students, which is why accountability is at the heart of No Child Left Behind," Paige said. "Every student should count, but if they don’t take the tests, they can’t be counted. The 95 percent participation rate was included in the law to ensure that all children are assessed. However, we recognized that there were circumstances whereby a few absent students prevented an otherwise successful school from meeting the 95 percent participation rate requirement. Thus, the school did not make AYP (adequate yearly progress). This practical examination of the law allows for those schools still to meet their AYP requirements." . . . Under the new policy, a state may use data from the previous one or two years to average the participation rate data for a school and/or subgroup, as needed. If this two- or three-year average meets or exceeds 95 percent, the school will still meet the AYP requirement.

http://www2.ed.gov/news/pressreleases/2004/03/03292004.html

Here's even a Kansas link citing the 95% participation rate: http://www.ksde.org/LinkClick.aspx?fileticket=8H0WREgOoZ0%3d&tabid=403

You may be being given inaccurate information from your school district about the law, or your state may have implemented more rigorous standards, but it is NOT the NCLB law that requires 100% of the students participate in testing. If you are required locally to achieve 100% participation, you should be directing your anger at this particular piece of the law toward those authorities, not at Congress.

Edited to address "LND" as this appears to be the source of your confusion (at least in Missouri - I didn't find reference to it in other states).

Students (not the school itself) are assessed as level not determined in two cases - either the student doesn't take the test at all, or they took an alternate test that doesn't meet the NCLB standards. If more than 5% of the students fall in the LND category, the school doesn't make AYP. NLCB doesnt require that 100% of the students take one form of the test or another, the requirement is that no more than 5% of the students (as a whole, and in any individual category) be assessed as LND. LND includes students who do not take the test at all.

[proud2BlibKansan]

109. The staffs in two different congressional offices looked into this when I contacted them

I'll go with what they told me.

Thanks for kicking the thread.

[Ms. Toad]

112. You would be better off reading the law.

The literature from the Secretary of Education (whose job it is to implement the law), or even reading the information from your state board of education - all of which state that the law requires 95% participation, not 100%.

Congressional staff are (generally) not attorneys, nor are they specialists in the details of every law on the books. If you even reached the policy person who was assigned to education (which generally requires appointments booked in advance), each is assigned several policy areas to cover, they are spread pretty thin, and they are focused on the details of pending legislation in multiple policy areas. I am sure they did not deliberately mislead you, but they are not the best source for information about interpreting laws that are already on the books.

The NCLB law is bad, and it is particularly unfair to children with disabilities. In this instance, though, it is not NLCB that is causing your particular anguish (making sure every child takes a test). If you really want to make a difference for your students as to this particular matter, it would be far better to focus your energies on the local (state or district) implementation of the law which is apparently mandating greater participation than is required by NCLB.

[proud2BlibKansan]

114. I have read the law

and like I said, I worked with two congressmen on this. They took my complaint to the US Dept of Ed.

We can't exempt any kids. We can choose to give them an alternative test but they can't be left untested.

[Ms. Toad]

116. Then please point to the provisions requiring

that every single student take either the regular test or an alternative test. If you were working with congressmen, surely you discussed specific sections of the law in order to formulate the complaint, and you should easily be able to identify the 100% testing mandate provision.

I have pointed to specific sections of the law, as well as to communications from the US Department of education, which clearly say only 95% participation is required. I have even explained how the LND (which is a student designation, not a school designation) fits in with students who do not take any test at all, and provided links to governmental sites which explain what is required. I have linked to formal report cards for schools which met AYP but did not test all of their students - which you say is forbidden by NCLB. All you have provided is anecdotes.

Personal anecdotes do not establish what the law actually is. If your district is misunderstanding NCLB, your children would benefit from you taking the actual law (perhaps even some of the documents I linked to) to your administration and insisting that they follow the law.

On the other hand, if there is a requirement for 100% participation by either state or local policy, your children would benefit from you spending your energy fighting the battle on that level.

[Optimistic]

78. This is one reason

Why there is so much anger about the Government out there.
This is an issue the Tea Bag Party and the Coffee Party can unite on against the Democrats and Republicans.

[donheld]

79. k & R

[autorank]

82. k*r The more testin the worse the outcomes, I suspect

Someone should do a study and test that hypothesis. They'd never get another state or federal
grant but they would make history.

The people who push testing most fervently are usually the least capable of even beginning to
understand learning versus rote memory. Some do but they don't care. They just want the political
points.

The river of bull shit that's been flowing since FDR died, non stop, is about to go dry. None of
the corporate friendly, "accountability," law and order, tough guy crap works. Because it's
all top down diversionary tactics to avoid the real challenges.

Screw all of the political blowhards who know so much but do so little.

[GoddessOfGuinness]

84. Utter madness.

[AllyCat]

85. I had no idea. Thanks for posting this and excuse my ignorance

I will call my reps!

[LeftyMom]

86. Your state needs to modify their rules.

In California parents have the option of opting their kids out of standardized testing. Many do. I certainly would, except that my kid is homeschooled so we don't have to bother with such stupid shit to begin with.

[proud2BlibKansan]

93. They won't be able to opt out for long

When I called our congressman about this his aide mentioned that there were states that allow kids to opt out but by 2014, 100% of all kids in the country have to take the test. Of course homeschooled kids are largely excluded, but some states might require them to be tested too.

[LeftyMom]

115. Meh.

We use a private school affidavit (California doesn't actually have a separate homeschooling law) so no crazy testing requirements for me. I can't really see anybody getting a stronger testing mandate through the state leg here though, as it is very popular while testing itself is not, and the opt out provision is safely enshrined in our state law.

[Son Of Wendigo]

87. Utterly Hateful

What the fuck has gotten into the Obama administration, anyway? This requirement is worse than Republican, it is inhuman. Standardized tests only measure how well the teacher has taught the test. That is not teaching. Any idiot can teach a test. It takes a good teacher to get ideas and dreams into a child's mind. It takes an even better teacher to teach kids from severely disadvantaged backgrounds, where survival takes precedence over algebra or history.

Forcing sick and dying kids to take these tests is cruel. Nowhere else that I can think of is the pass/fail standard 100%.

There is another provision in NCLB that doesn't get much mention. High schools are required to furnish the names and addresses of all students to military recruiters, unless the parents specifically oppose this in writing for their child, which they have to do each semester. Children whose parents do oppose this are often punished in various different ways by their schools. I suppose there is a 100% mandate for this too.

Obama should be ashamed of himself. Oh, I forgot. He is a complete sellout to big business, and a liar. No shame, no embarrassment. To think I supported him last year. Years ago I vowed never to vote for any Republican ever again, under any circumstances. If Obama runs in 2012, I will have to sit that one out. After all, he's a Republican too.

[democrank]

88. K & R

[Pharaoh]

89. Bush!!

Everyone it seems needs to be accountable but him, Dick Cheney, Karl Rove and the rest of his good old boys.....


Oh the Hypocrisy!!

[WolverineDG]

92. The ridiculousness of testing special ed kids

is what caused my cousin to quit teaching. Even if 100% of her kids passed the test (and why wouldn't they, since SHE was the one who wrote each child's test, geared towards their abilities), she HAD to fail a certain percentage. (as a side note, how the fuck is SHE supposed to decide which kid passes or fails, even if they passed?) :crazy: This was not explained to her before she entered her testing data in some computer program, the district got in trouble (!!!!) & they decided to take it out on her ass. So she said "Fuck you" and walked. Almost 30 years of special ed teaching experience walked out the door because of these damn tests.

Meanwhile, rich districts find reasons to exempt minority kids from the test & nothing gets done to them.

dg

[proud2BlibKansan]

94. It's an incredibly unfair law, especially for kids with disabilities.

We write our own alternative tests too. That has become a joke. Since it is nearly impossible to fail the alternative test, the admins pressure us to put kids on the alternative test who don't need it.

I hadn't heard that about making sure a certain number fail. Don't doubt it though. This testing mandate is insane.

[WolverineDG]

118. Believe it

my cousin was so stressed out from all the BS she was put through that she got really really sick. But yeah, some genius in Austin has decided that you can't have a 100% pass rate, so at least a certain percentage of your students MUST fail.

Even if they don't.

dg

[KG]

96. NCLB = a huge steaming pile of poo.

[LWolf]

99. What a choice.

Do the ethical, compassionate, professional thing for students, and FAIL, with negative consequences for a whole school and district.

Or comply. Do the unethical, cold, unprofessional thing to keep the school functioning.

:nuke:

[vincenzoesq]

100. Please, EVERYONE contact your representatives re NCLB

NCLB is a mess. I am also an educator, and wrote to President Obama several weeks ago with similar issues. I would ask every one who pays taxes, has a child, hell--WAS a child, to write, call, and email your legislators and the President. Race to the Top has to go, high stakes testing has to go, and first and foremost, Arne Duncan has to go.

[Odin2005]

101. Standardized testing is a fucking SCAM.

[Shining Jack]

102. I'm more than a little bit outraged.

This is totally insane.:(

[onlyadream]

103. I took my 9yo out of the school system and homeschooled

partly for this reason. She has dyslexia and at the time (five years ago) she couldn't read - so what was the point (other than to humiliate her). She's back in school and a great reader now :).

She did have to take another type of test (b/c our state demanded it), but we did it at home and I was able to gently guide her thru it).

[proud2BlibKansan]

110. Not all homeschoolers have to take the tests

This also varies from state to state.

Good on you though. As parents we have to do what is best for our kids.

[joeybee12]

104. Yup, now that we're in our 9th year of a Republican Presidency, things are

looking grim indeed.

[redqueen]

107. Just in time to rec.

Thanks for this.

[lonestarnot]

111. Not me but rec anyway and kick too!