9486 in the collection
A Parent's Story
Ohanian Comment: Note the fabrications and threats used by the school to force a child to take the state test. Fortunately, this parent knows the law. Fortunately, the Coalition for Better Education is fighting to make sure more parents know their rights. They advertise parent rights on billboards and they lobby in the state capital to persuade lawmakers to expland these rights.
by Scott Van Loo
My son, who is in fifth grade this year, and I sat down a month and a half ago and started talking about the CSAP. He articulately told me that he did not want to take the tests, that they gave him no benefit and that he did not want to sit through the 13+ hours of testing.
He has had a history of anxious behavior with these tests that started in the first grade. His teacher at that time was loving and caring man who could have passed for Santa on any given day. The kids absolutely loved this man, and unfortunately he felt that he needed to prepare his first graders for a life time of tests. He would give kids spelling tests and use his 'test' voice and threaten to throw student's papers in the trash.
Half of the class would be crying and all were confused, but he continued because he "wanted kids to learn to deal with the anxiety at a young age so they wouldn't have to go through what he did as a kid." In other words, he wanted kids to be numb to their feelings and anxieties about testing.
In fourth grade, he had a teacher taking notes on the students as they were taking the writing test. He went to hand in his CSAP and saw a list on the teachers desk with his name on it. Next to his name was written "weak." He came home devastated and in tears that his teacher, a person in trust and power, thought he was weak. Especially, when "I tried my best."
So, this year we had a long talk. I had him make a list of the positives and negatives of taking the test. For positives he wrote: free breakfast, getting CSAP bucks (an incentive program where kids can 'buy' goods from a CSAP store), extra recess, no homework during testing.
For negatives he wrote: stressful, long hours sitting, boring.
His voice was insightful to me that all of his 'positives' were external motivators that the school put in place and there was no mention of it being a chance to display knowledge or learning.
His mother was the first person to contact the principal at the school and tell them that we were opting our son out of the CSAP. The principal became upset on the phone and began firing back un-truths. "You can't because its too late and we have already started testing" (we had a schedule in front of us that showed tests starting 5 school days later). "You realize that you will be hurting the school." "I don't think you can do that."
I later decided to make an appointment with the principal and my son. The three of us sat in her office and I had my son explain why he did not want to take the test. I supported him and explained to the principal our reasons.
This principal is a good person and a wonderful instructional leader and I empathize with her. She finally showed her compassion when my son started crying in her office. "What's wrong?" she asked. "I am tired of this school and the district constantly telling us to do your best, do your best........we DO do our best." The principal explained that Do your best on the test (or something to that effect) was what the district adopted as a CSAP slogan and they had posters and an assembly to 'motivate' kids for the test.
She needed to get some answers, and got the director of assessment on the phone. He asked to speak to me and when I got on the phone, the first thing he said was, "you realize that you are breaking the law." I replied, "No, I realize that I am exercising my legal right as a parent to opt my child out of this test." He then went on to make a not-so subtle threat and said that if I did opt my child out of CSAP, my child may not be allowed to attend school there next year. Now, this school is a k-8 open enrollment public magnet school. My son has gone to school there for six years, gets good grades and is involved in extracurricular activities. I asked this director of schools to please put that threat in writing to me. I know for a fact that schools and districts may not refuse a child's open enrollment application because of a parental opt-out for CSAP. This IS illegal. No parent or child wants to 'hurt' a class, school or district for opting out of a test, but it is our constitutional right to determine what is best for our children.
In summary, I was told or it was inferred that:
1. I could not opt my son out of CSAP
2. I would be breaking the law
3. My son 'may not' be able to attend school there next year.
Parental rights are broadly protected by Supreme Court decisions (Meyer and Pierce), especially in the area of education, so why not in our Colorado state statutes? The Supreme Court has repeatedly held that parents posses the “fundamental right” to “direct the upbringing and education of their children.” Furthermore, the Court declared that “the child is not the mere creature of the State: those who nurture him and direct his destiny have the right coupled with the high duty to recognize and prepare him for additional obligations.” (Pierce v. Society of Sisters, 268 U.S. 510, 534-35) The Supreme Court criticized a state legislature for trying to interfere “with the power of parents to control the education of their own.” (Meyer v. Nebraska, 262 U.S. 390, 402.) In Meyer, the Supreme Court held that the right of parents to raise their children free from unreasonable state interferences is one of the unwritten "liberties" protected by the Due Process Clause of the Fourteenth Amendment. (262 U.S. 399).
In recognition of both the right and responsibility of parents to control their children’s education, the Court has stated, "It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for the obligations the State can neither supply nor hinder." (Prince v.Massachusetts, 321 U.S. 158)
— Scott Van Loo
Coalition for Better Education
2008-03-03
INDEX OF OUTRAGES
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