MD parent files suit over MSA opt out and sets
precedent for future
assessments
March 11, 2014
Cindy Rose of Frederick County has taken the
matter of MSA <http://www.examiner.com/topic/msa> opting
out to court by filing an emergency motion for injunctive relief. She is asking
the court to force Frederick County Public Schools to allow her child to remain
in her classes and not be administered the test.
Her daughter is in sixth grade and has a
recognized anxiety disorder, and having to take six hours of high-pressure
assessments in a week's time on material that is not even being taught in the
schools this year would cause her unnecessary and avoidable stress. When Ms.
Rose tried to work with her school to opt her child out of taking the test, the
school refused, saying she would have to keep her out of school for the entire
testing period of 12 days.
Even though, like many parents are doing, Ms.
Rose could simply have her child refuse to take the test <http://www.examiner.com/article/parents-can-opt-out-of-maryland-standardized-assessments>
when it is administered, she said, "I'm not putting her in the middle of
that, nor should I have to, especially this year when the MSA means nothing. It
isn't a valid measure of student achievement or teacher effectiveness."
Ms. Rose said she would have sought an opt out
<http://www.examiner.com/topic/opt-out>
of the tests regardless of her daughter's condition. "People need to know
the MSDE <http://www.examiner.com/topic/msde> has no
legal right to force your child <http://www.examiner.com/article/response-to-msde-s-anti-parent-stand-on-msa-opt-out>
to take a test. Neither do they have a right to refuse your child access to
school and learning for refusing [the test]. Parents have a right to refuse
without consequences.
"MSDE needs to step up. We shouldn't have
to jump through hoops and clock watch to get our children educated. The fact
they threaten to force my daughter to sit home for 12 days versus allowing her
in school is proof they prefer testing over educating."
Monday, Ms. Rose accepted a deal presented by
the school system's attorney to allow her child to work or read in a
non-testing area and not be offered the test. The judge had been scheduled to
make a ruling on the case that day.
This deal sets a precedent for future
assessments in Maryland. By offering the deal, which was exactly what Ms. Rose
had requested in the first place, the school system is acknowledging the
legality of parents opting out of having the test administered to their
children. If it had indeed been illegal for the school to do so, as they have
been trying to convince parents, they could not have offered it in the deal.
Next year, the new Common Core <http://www.examiner.com/topic/common-core>
aligned PARCC <http://www.examiner.com/topic/parcc>
assessments will be given to students across Maryland three times per year. The
assessment is more extensive than the MSA or HSA, so the time allotted to it,
and therefore taken from instruction time, is longer.
Parents and teachers are very opposed <http://www.washingtonpost.com/blogs/answer-sheet/wp/2013/02/04/something-is-wrong-in-maryland/>
to the endless assessments and will likely be seeking an opt out of PARCC,
whether through refusal or through legislative or regulatory means.
Baltimore County parents, teachers and
concerned citizens can get involved through The Baltimore County Coalition for
Education Oversight. <http://www.bcceo.blogspot.com/>
--
Monty Neill, Ed.D.; Executive Director,
FairTest; P.O. Box 300204, Jamaica Plain, MA 02130; 617-477-9792; http://www.fairtest.org;
Donate to FairTest: https://secure.entango.com/donate/MnrXjT8MQqk
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