20 U.S. Code § 6311 – State plans

Inside this statute, well know to all in educational circles, are the key interpretations that give parents the right to opt out of this year’s experimental testing being done by the Smarter Balanced Assessments.

*(3) Academic assessments

(C) Requirements

Such assessments shall—
(iv) be used only if the State educational agency provides to the Secretary evidence from the test publisher or other relevant sources that the assessments used are of adequate technical quality for each purpose required under this chapter and are consistent with the requirements of this section, and such evidence is made public by the Secretary upon request;
The Department of Education has yet to respond to any FOIA requested for this information….
Language above clearly states that such assessments (Smarter Balanced) can be used only if…. such evidence (of its goodness) is made public by the Secretary upon request.  
We know from sources inside the DOE that the previous test, DCAS, pinpointed large year to year decreases in all the Common Core pilot groups and maintained increases in all the old-school taught classes…  thereby showing that the new college-and-career-ready curriculums are in fact, just the opposite….
There is considerable doubt as to whether this curriculum is beneficial to students. And there is overwhelming evidence that is it harmful… Most states who signed on to Common Core for the money, are now backing out in fear over the damage Common Core will impinge upon their children.
The current Secretary of Delaware’s Education not only has failed to adequately convinced parents of the “excellency of his tests”, but has obfuscated, and blunted all FOIA attempts to seek out truth.  Currently a gag order is on his department allowing them to speak to no one about the hard data proving the capriciousness of these new assessments.
Therefore under the “No Child Left Behind” language in this bill,  the words “Only If” would make the current usage of the Smarter Balanced Assessment illegal under this section of 20 U.S. Code § 6311
*Secondly: (in same section)

(C) Requirements

Such assessments shall—
(vi) involve multiple up-to-date measures of student academic achievement, including measures that assess higher-order thinking skills and understanding;
The Smarter Balanced Assessment is the sole single measure.  The framers of this law well knew that one test score on a bad day could destroy a child’s life.  They insured multiple measures would be in place.   Under the accountability clause of Title 14 of Delaware law, however, it clearly holds the Smarter Balanced Assessment score as the single method to measure each student, measure each teacher, measure each principal, measure each school, each district and each charter. This puts it directly opposite of the intent of this law.
A test that is against existing law, can not be forced on children.  It can be offered voluntarily, but parents certainly have the right to opt out just as they currently do for brand new experimental vaccines which similar to this test have no data to back up their claims..
*Thirdly: (in same section)

(C) Requirements

Such assessments shall—
(vii) beginning not later than school year 2005–2006, measure the achievement of students against the challenging State academic content and student academic achievement standards in each of grades 3 through 8 in, at a minimum, mathematics, and reading or language arts…..
This is 2014.  We have a brand new test. Brand new curriculum. We are 6 years overdue. By law we should be using the old tests, the ones we used in 2005-2006.  The “No Child Left Behind” Act requires that ending this year 2014, ALL STUDENTS TEST AT PROFICIENT OR ABOVE.  Over 70% will fail this year, whereas over 70% passed last year. Because we changed the test. If we’d had the same curriculum and same tests and had honed our skills on teaching and taking them for 8 years, it might have been possible to have achieved that lofty goal of close to 100% proficient on those same old standards. However we changed tests once after 4 years, (still on the old standards) and now, the very year we are accountable, we are changing it again on brand new untried standards… We are doing this 8 years after the law says we should have had one in place.  Since this is a brand new test on a brand new curriculum, there is considerable legal argument present to say that the current test is too untested to be used for any accountable purposes what-so- ever. The Smarter Balanced Assessment was implemented after 2006 and is therefore illegal.  All parents have the right to opt out of an illegal test.
*Four: the law further dictates in the same section.
(ix) provide for—
(II) the reasonable adaptations and accommodations for students with disabilities.
(III) the inclusion of limited English proficient students, who shall be assessed in a valid and reliable manner and provided reasonable accommodations on assessments administered to such students.
(X) the local educational agency may make a determination to assess such student in the appropriate language other than English
All accommodations have and are currently being illegally stripped out under the new Smarter Balanced Assessments.
*Fifth: in the same section…..
(xiv) be consistent with widely accepted professional testing standards, objectively measure academic achievement, knowledge, and skills, and be tests that do not evaluate or assess personal or family beliefs and attitudes, or publicly disclose personally identifiable information;
There is considerable debate that Common Core is consistent with widely accepted professional testing standards… Those making money off Common Core do support it and say it will do great things.  However, these salesmen seem to be the only ones in favor of it.  Parents already exposed to Common Core are upset that it is being imposed upon their children.  The only teachers who were actually involved with the creation of Common Core, all quit, saying they could not endorse something that violated every single educational theory explaining how children learned…
So this test is not consistent with widely practiced teaching standards.  In fact, that is its selling point; that it is not consistent.  It proclaims itself to be a brand new better medicine one its salespeople created themselves in the back of their traveling medicine wagon, so just trust them. Since this test is experimental and is not consistent with widely practiced teaching standards, it is illegal.  Parents do not have to let their children take tests that are illegal.
In fact, the Smarter Balance Assessment would be included in a section labeled:
(4) Special rule..
Academic assessment measures that do not meet the requirements of such paragraph may be included in the assessment ….as additional measures, but may not be used in lieu of the academic assessments required under this paragraph…
In other words the Smarter Balance Assessment if proven to not meet the requirements mention above in this article, can not be used as the prime assessment.
Parents should opt out. Their child should not become criminal and take an illegal test.
An injunction on this years implementation should be sought along with educating all parents of their right to opt their child out from taking these illegal tests….
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