In Response to the Ohio Department of Education’s “Information on Student Participation in State Tests:” An open letter to the Ohio Department of Education, State Board of Education, and Ohio Legislators

February 5, 2015

Dear Ohio Department of Education, State Board of Education, and Ohio Legislators:

Recently I submitted an open “opt-out” letter to my district administrators and school board members through a blog post titled My Sons and Their Teachers Deserve Better. Apparently my words resonated with others because within ten days it received approximately 15,000 views. I freely allowed others to use parts of the letter that were relevant to their situations for submission to their schools and districts. This letter was a result of culminating frustration with high stakes standardized testing personally and professionally as described in My High Stakes Testing Story. Today a two-page document published by the Ohio Department of Education (ODE) dated February 4, 2015 and titled “Information on Student Participation in Tests” was digitally shared with me. The creation and need for such a document implies that there may have been an inundation of inquiries by individuals who are actively organized and invested in education in our state. Unfortunately, upon review of the document it appears to be a combination of facts, propaganda, and fear mongering. The purpose of this letter is to clarify the intent of my prior letter,and to address the February 4th publication by the ODE.

 

The beginning of this ODE document contains some accuracy, such as the fact that Ohio does not have an “opt-out” procedure or form. It failed to note that Ohio does not have a law against refusing the test though either. According to the U.S Constitution which supersedes state laws, specifically the 14th Amendment, I am protected by my rights to religious/spiritual freedom in regard to parental control over one’s child. Parental rights are broadly protected by Supreme Court decisions (Meyer and Pierce), especially in the area of education. The Supreme Court has repeatedly held that parents possess the “fundamental right” to “direct the upbringing and education of their children.” The ODE document also correctly indicates that possible consequences for Ohio’s children in third grade who do not take the test include the risk of not being promoted to fourth grade. Also, high school students who do not take the tests or ones that do take it and do not obtain certain scores may not be eligible for diplomas. Yet, the document neglected to inform readers that Ohio did not have to choose to be one of the approximately 20 states to link high stakes to tests. This harmful, punitive option was an ill-fated decision that Ohio legislators and the Department of Education will have to concede to eventually, even if its original intentions were genuine.

 

Clearly, the semantics used for the process of “opting out” are irrelevant. As a parent I have the right to refuse to allow my children to participate in activities that are physically and emotionally harmful, particularly when the activities being protested have not provided any data or evidence that my children’s participation will be beneficial. Thus far, high stakes standardized tests in our state have failed to meet mathematical standards for test validity. According to Dr. Randy Hoover (2014) “Test validity is only meaningful in terms of how the test is used and what it is used for.  In other words, test validity is a formal examination to determine the degree to which a test is appropriate and accurate in serving what it is used for. Formal examination reveals that the assumption of Ohio’s tests being valid is false.”  The tests this year are new as schools transition to teaching Common Core, according to the ODE. Therefore, data to support test validity through adherence to mathematical standards and to the criteria for psychometric validity is nonexistent. I do not want my child to be a guinea pig in this experiment.

 

The ostensibly threatening nature of the second part of the ODE document, which seems intent on inspiring consternation among families like mine that are considering utilizing their rights in our democracy to direct their children’s education, is latent with details that lack evidence to support them. Previous results of state standardized tests in Ohio have only produced evidence that how students perform on those tests is directly and statistically significantly correlated to factors beyond a school or educator’s control. In fact, the results of these tests emphatically prove that socioeconomic status, environment, emotional stability, food security, and health are the major determining factors of how students will perform on standardized state tests. Therefore, results from the tests that are used to determine the effectiveness of districts, schools, and educators in Ohio, or are used  to assign an “A-F” rating are really reflecting the income and education levels of families in the community that the students are from, not necessarily the efforts of school systems. The claim that these tests are part of an authentic accountability process for school systems and their educators is ludicrous and it is unethical to continue to purport this information to the public as credible.

 

Yet all of this testing does portray pseudo accountability, as educators across the state are well aware. With this in mind, the ODE “Information on Student Participation in Tests” document offers the following: “A district may have additional consequences for students. For example, a district may include the state’s end-of-course test score in a student’s grade instead of a final exam. Students attending a nonpublic school may have different testing requirements.” I suppose one might conclude that the state never wants to bypass an opportunity to promote the mostly unaccountable nonpublic charter schools in the state. One might also surmise that the state would like to offer suggestions to districts in the event that schools would like to unite with them as they blackmail families into participating in state testing. To assist with this, the ODE recommends districts raise the stakes even higher, and include state tests as part of a student’s overall grade in a course. Even though evidence from research is plentiful and conclusive that classroom teacher created assessments are the most accurate and authentic measurements of student achievement, this endorsement of further detriment to students through high stakes standardized testing is shamelessly asserted. However, it is commendable that there were no false claims in the document to imply that high stakes standardized testing has in any way assisted with closing achievement gaps, because it indisputably has only widened those gaps.

 

As a result of the release of this document February 4th, 2015, that states districts may want to request refusals in writing, I wish to make my intentions and permissions completely unambiguous. I refuse (instead of opt-out) to allow my 4th grader to take any more standardized tests. These high stakes standardized tests have increased educational disparities and inequities including contributing to the school-to-prison pipeline and sustaining generational poverty.  I REFUSE to allow my child to be part of a system that promotes and perpetuates social injustice for ANY of our country’s children, but especially the most vulnerable. I trust his educated and experienced teacher to monitor his growth and progress ALL year long, and I am insulted when his education is reduced to numbers on isolated tests not generated by his classroom teachers. I am exercising my rights under the 14th amendment, under precedents set in court cases cited within this letter and within my notice to my district, and as a citizen in a country that is by definition governed through the consent of the people. Scare tactics and threats are usually the tools of a totalitarian regime when it is challenged, or tools utilized by individuals who feel cornered. Those methods will not work on families in Ohio like mine who are protecting our youngest citizens from emotional and physical stressors. The education and development of our children as contributing citizens is too vitally important to our country and the sustainability of our democracy for us to halt the movement to end high stakes standardized testing.

 

The text of the “Information” document on February 4th, 2015 is indicative of possible concerns that the ODE may have or may be hearing from individuals in the state. Please persist in exploring these concerns as they are presented and consider formulating educational policies that are intelligently designed, supported by research, and done in conjunction with educators and parents. Our children, educators, and the future of our state deserve better than what is currently being promulgated. I believe many other parents and individuals involved in education would express the same sentiment.

 

In the words of Margaret Mead, “Never doubt that a small group of thoughtful, committed, citizens can change the world. Indeed, it is the only thing that ever has.”  I am just one parent, one teacher, one citizen, but there is a formidable, thoughtful, and committed group of citizens inspiring me. Do not doubt that fact.

 

Sincerely,

Melissa Marini Švigelj-Smith

Berea, Ohio