Latest News and Comment from Education

Sunday, April 17, 2016

Educators at Raleigh NPE conference condemn HB2 | News & Observer #NPE16NC

Educators at Raleigh conference condemn HB2 | News & Observer:

Educators at Raleigh NPE conference condemn HB2

REVEREND BARBER AT NPE CONFERENCE, APRIL 16, 2016





Live From Raleigh, North Carolina: NPE’s 3rd Annual National Conference Complete interactive schedule http://bit.ly/20LAehc




The controversy over the passage of House Bill 2 spread to a public education conference Saturday, where event organizers and speakers called the new law hateful and said it discriminates against the gay community.
About 500 activists from around the country are attending the Network for Public Education’s (NPE) National Conference this weekend at the Raleigh Convention Center. Some groups have canceled events in North Carolina to protest HB2, but NPE printed labels for attendees to hand out saying they won’t return to the state until the law is repealed.
“It’s very late in the day to be making a decision about canceling because all of you would have lost money that you put down for plane fare,” said NPE President Diane Ravitch, an author and education historian. “We thought, you know it takes more courage to be there and to fight against them than to stay home.”
Under HB2, people can use only restrooms and locker room facilities at schools and public agencies that match the gender on their birth certificate. Some schools have been allowing transgender students to use multi-occupancy restrooms and locker rooms of the gender they identify with as opposed to the one on their birth certificate.
“Clearly the majority of North Carolinians support making sure that guys are in the guys’ locker room and girls are in the girls’ locker room and they don’t have to worry about some voyeur thinking they have an opportunity to exploit something in the law,” said state Rep. Nelson Dollar, a Cary Republican who voted for the law.
HB2 also makes it illegal for cities to expand upon state laws regulating workplace discrimination, minimum wage standards and other issues. In some cases it eliminated protections that cities had set for lesbian, gay, bisexual and transgender people.
The law also took away the ability for people to sue in state court over job discrimination.
Amid the backlash of event cancellations and businesses withdrawing expansion plans, Gov. Pat McCrory announced an executive order last week expanding some anti-discrimination provisions. But he is not touching the bathroom language in the law.
The Rev. William Barber, president of the state NAACP, called HB2 anti-children, anti-family and anti-women during his keynote speech at the conference.
“It’s a hate bill, sure,” Barber said. “But it’s a trick. It’s nothing but the politics of Jesse Helms resurrected.”
Barber’s arrival was delayed because he was removed Friday night from a Raleigh-bound flight at Reagan National Airport in Washington, D.C. Airline officials, while not naming Barber, described the incident as a case of a “disruptive passenger.”
The impact of HB2 was also discussed during a panel on how to support transgender students. Two transgender high school students who were born female but identify as male said they’re more fearful of their safety now that the law has been passed.
Kyle Barnes, 18, a senior at the N.C. School of Science and Mathematics in Durham, said he’s been shoved in men’s restrooms and gotten looks of disapproval in women’s restrooms.
“Very recently I have had a large influx of really, really, really negative attention about who I am as a person and that definitely has a really large emotional toll,” Barnes said.
Jasper Christie, 16, a sophomore at the J.D. Clement Early High School College in Durham, said he always feels vulnerable in public bathrooms. He said he needs to have a “bathroom buddy” for his safety.
“I basically just can’t go to the bathroom alone anymore, and I have to be careful of other students who are a threat to me,” Christie said.
 Educators at Raleigh conference condemn HB2 | News & Observer:



Live From Raleigh, North Carolina: NPE’s 3rd Annual National Conference Complete interactive schedule http://bit.ly/20LAehc

Saturday, April 16, 2016

Live From Raleigh, North Carolina: NPE’s 3rd Annual National Conference Complete interactive schedule

http://www.schoolhouselive.org/live-stream-schedule.php

Live From Raleigh, North Carolina: NPE’s 3rd Annual National Conference Complete interactive schedule 

Click links to view keynotes and panels. Miss something? Click keynotes and panels to view archives. (All times EDT)

SATURDAYNPE 1NPE 2NPE 3

8:30-9:45am
Session 1
The NPE 50 State Report Card: Fighting Back Against Privatization  Public Education Under Attack: How We Fight, How We Win. A Legal Perspective
10:00am-11:25amOpening Keynote with Diane Ravitch and Rev. William Barber 
11:35am-12:50pm
Session 2A Community Based Approach to Reversing ResegregationParent Voices on the Impact of Race, Poverty and Cultural Bias on Educational Opportunity: a Call to ActionA Conversation About School Choice
1:45pm-2:15pmKeynote with Dr. Phil Lanoue 
2:30pm-3:45pm
Session 3Testing and Justice: Growing Gaps, Shrinking Opportunity in Public EducationT-E-S-T,NOT P-L-A-Y is a Four Letter Word: Putting the Young Child and the Teacher at the Center of Education ReformCharter Corruption Verses Community Schools: Investing in What Works
3:55pm-5:10pm
Session 4Teachers Talk Back: Teacher Evaluation ReportLocal Successes in the Face of Relentless Privatization EffortsThe Fight for Student Data Privacy Post inBloom


5:30pm-6:15pmKeynote with Bob Herbert

SUNDAY

8:30am-9:15am

Anthony Cody Interviews Mary Cathryn Ricker, AFT VP and Becky Pringle, NEA VP 
9:25am-10:40am
Session 5Progress Fellows:  Race, Equity and ChartersWhat's Next in the Education Reform Wars? A Spirited Conversation between Jennifer Berkshire (EduShyster) and Peter Cunningham, Education Post  State Takeover Districts: A Pattern of Racial Targeting, Privatization and Academic Failure
11:00am-12 NOONKeynote Conversation: Karran Harper Royal and Jesse Hagopian
12:10-1:25pm
Session 6Opt-Out Conscientious ObjectorsBATS: Cultural Competence in the Classroom and BeyondThe Organizer’s Playbook: Successful Organizing Strategies from the Field





 http://www.schoolhouselive.org/live-stream-schedule.php

 REVEREND BARBER AT NPE CONFERENCE, APRIL 16, 2016









 NPE 1

Watch live streaming video from npechannel1 at livestream.com

NPE 2

Watch live streaming video from npechannel2 at livestream.com

NPE 3

Watch live streaming video from npechannel3 at livestream.com

KEYNOTES

Friday, April 15, 2016

Sweet justice in California. If You Try to Ruin Schools for Profit, You Will Eventually Get Caught

Education Reform, Teachers' Unions - California Appeals Court Upholds Teacher Tenure:

If You Try to Ruin Schools for Profit, You Will Eventually Get Caught
Education Reform, Teachers' Unions - California Appeals Court Upholds Teacher Tenure:
Sweet justice in California.


Education Reform, Teachers' Unions - California Appeals Court Upholds Teacher Tenure

There is no more inexcusable American couple than Kevin Johnson and Michelle Rhee. He's the former NBA All-Star and all-star urban corruption specialist with a luxurious taste for public money. She's the queen of the education "reform" grifters with a taste for luxurious corporate money. Between them, they are probably the nation's most gifted surgeons at cutting corners to enrich themselves. And, Thursday, a California appeals court gave Rhee a serious smackdown on one of her signature issues—that is, blowing up the concept of teacher tenure in public schools.

The appeals panel did not challenge evidence that many students are ill served in California public schools. But, the judges said, the laws being questioned were not necessarily responsible. "The evidence at trial firmly demonstrated that staffing decisions, including teacher assignments, are made by administrators, and that the process is guided by teacher preference, district policies, and collective bargaining agreements," Boren wrote. Parties on both sides viewed the Vergara decision as a bellwether for the nation. Similar litigation was filed soon after in New York; and on Thursday, just before the release of the appellate decision in California, another lawsuit was filed in Minnesota.
For all this president's accomplishments, his sweet-tooth for the education "reform" griftapalooza, from Arne Duncan, his Secretary of Education, to his prolonged slow dance with Johnson and Rhee, is a conspicuous exception. (As the linked article makes clear, Duncan was a big cheerleader for the anti-union decision that the appeals court overturned.) And the attack on teacher's unions was the thin edge of the propaganda wedge against unionized public employees, from Scott Walker's Wisconsin to the Supreme Court's decision in the Friedrichs case. That wedge has been used to create openings for everyone from Michelle Rhee to Tea Party whackaloons to come marching into the nation's classrooms. Nobody deserves to be slapped down more than those people.
Education Reform, Teachers' Unions - California Appeals Court Upholds Teacher Tenure:

Thursday, April 14, 2016

CORPORATE WHORES IN THE DEMOCRATIC PARTY?


Big Education Ape: How a Democratic PAC Is Channeling Out-Of-State Dark Money to Enshrine Corporate Education Reform http://bit.ly/1ShLUIk

Wednesday, April 13, 2016

Alexander blasts U.S. Dept. of Ed. chief over new school reform law

Alexander blasts U.S. Dept. of Ed. chief over new school reform law:

Alexander blasts U.S. Dept. of Ed. chief over new school reform law



 WASHINGTON — U.S. Sen. Lamar Alexander angrily accused the U.S. Department of Education on Tuesday of blatantly ignoring part of the new school reform law that Congress passed last year with overwhelming bipartisan support.

In an unusual public scolding, Alexander told Education Secretary John B. King Jr. the department is not adhering to a key section of the law that relates to funding for low-income schools.

"Not only is what you're doing against the law," Alexander said during a Senate committee hearing, "the way you're trying to do it is against another provision in the law."

King tried to assure Alexander the Education Department is not circumventing the law, but is merely proposing regulations to give guidance to states and local school districts. But Alexander was not convinced.

"I can read," he said bluntly.

The law in question is the Every Student Succeeds Act, which Congress passed last year to replace the No Child Left Behind school-reform law put in place more than a decade earlier.

Alexander, a Maryville Republican, was one of the primary architects of the new law in his role as chairman of the Senate Health, Education, Labor and Pensions Committee. The committee is holding a series of hearings on how the Obama administration is implementing the law.

At Tuesday's hearing, Alexander accused the Department of Education of overstepping its authority and trying to work around a provision that says federal funding must be used to supplement state and local spending on education.

Another section of the law requires comparable spending between Title I schools — those with large numbers of disadvantaged students — and schools that are not Title I.

The "comparability" provision has been in federal law since 1970, and Congress did not change it when the new school reform law passed last year.

But Alexander charged the department is trying to implement new regulations that would require equal, not comparable, spending per pupil. He also accused the department of trying to dictate the methodology that local school districts must use when calculating whether funding between schools is comparable — a move he said is not allowed under the law.

King disputed that. The department is not requiring any particular methodology, he said, but is simply trying to give schools the flexibility to measure the goal of comparable funding.

"How can you sit there and say that?" Alexander asked, arguing that the proposed regulations clearly dictate how states must go about measuring comparability.

Alexander warned he would use "every power of Congress" to make sure the law is implemented the way it was written, even if it meant using the appropriations process to block the regulations or overturning them once they are final.

If the department tries to force states to follow regulations that violate the law, "I'll tell them to take you to court," he said.

Alexander blasts U.S. Dept. of Ed. chief over new school reform law:

About Michael Collins

Michael Collins is the Washington correspondent for the Knoxville News Sentinel. He writes about the Tennessee congressional delegation and monitors the federal government for any policies or issues that might be of interest to Tennesseans.

@mcollinsNEWS michael.collins@jmg.com 202-408-2711

Monday, April 11, 2016

Why Every Child Should Opt Out of the Standardized Tests

Why Every Child Should Opt Out of the Standardized Tests:

Why Every Child Should Opt Out of the Standardized Tests



 Want to end the obsession with standardized testing? Opt your children out of the state tests.

Ignore the threats from state and federal officials. The tests today have taken over too much of the school year. Teachers should prepare and give tests that cover what they taught.
What if all students opted out of testing? That’s democracy in action. The elected officials who mandate these tests would take notice. They might even discover that no high-performing nation in the world tests every child every year.
The tests today are pointless and meaningless.
The tests are meaningless because the results are returned months after the test, when the student has a different teacher. The tests are meaningless because the scores provide no information about what the students learned and didn’t learn. The teacher is not allowed to find out what students got wrong.
Officials claim that the tests help students and teachers and inform instruction. Balderdash. The tests rank and rate students. Worse, the developers of the Common Core tests selected a passing mark so high that the majority of children are expected to fail. The passing mark is a subjective judgment. What exactly is the value of telling children they are failures when they are in third grade?
Schools have cut back on the arts, civics, science, history, and physical education because they are not on the test.
The tests are given online because it is supposed to be cheaper. But many states and districts have had technological breakdowns, and the testing period starts all over again. Students who take pencil and paper tests get higher scores than similar children who take online tests. It may be cumbersome to scroll up and down or sideways, wasting time.
In some states and districts, children with disabilities are expected to take exactly the same tests as children their age, regardless of the nature of their disability. Florida became famous for trying to force a test on a dying child. He cheated the state by dying before they could test him.
When students write essays online, most will be graded by computer. The computer understands sentence length, grammar, and syntax. But the computer does not understand MEANING. A ridiculous essay that is complete gibberish can get a high score.
The testing regime is destroying education.It is driven by politicians who think that tests make students smarter and by educrats who fear to think an independentWhy Every Child Should Opt Out of the Standardized Tests: 


Saturday, April 9, 2016

How a Democratic PAC Is Channeling Out-Of-State Dark Money to Enshrine Corporate Education Reform | Alternet

How a Democratic PAC Is Channeling Out-Of-State Dark Money to Enshrine Corporate Education Reform | Alternet:

How a Democratic PAC Is Channeling Out-Of-State Dark Money to Enshrine Corporate Education Reform

DFER may sound generic, but its aim is to amplify the voice of huge Wall Street players and other corporate interests within the education world.
What Is DFER, Really? Hedge Funders for "Education Reform"
DFER is a PAC, a Political Action Committee, which means it can (and does) play a direct role in state and local elections. Public school advocates like Diane Ravitch have been spotlighting concerns about DFER since its beginning. 
Because DFER is not a charity, money given to it does not result in a tax write-off but--if successful in changing laws--that money could get the hedge funders who back it a return on investment through politicians and policies that redirect tax dollars from truly public schools to "education reforms."
Ed reform is fueling non-profit corporations paying lucrative for-profit style salaries to their executives and for-profit firms, such as the controversial K-12 Inc., which has made hundreds of millions while traditional public schools have faced budget cuts.
The Center for Media and Democracy has calculated that the federal government alone has spent more than $3.7 billion in U.S. tax dollars propping up the charter school industry, in addition to enormous amounts spent by states.
DFER has supported a number of Democrats in elections but its name could have been "Hedge Funders for Education Reform" (HFFER)--in much the same way that David Koch's Americans for Prosperity could have been called "Billionaires for Prosperity," or Americans for Greed, names with less popular appeal. 
That's because DFER is backed by billionaires and millionaires representing well over $20 billion, at least, in investor money.
It was co-founded by hedge fund managers, even though DFER's board has been chosen to show the faces of a diverse group--of former or failed Democratic politicians. In fact, "former" is the first word in each of their bios on the DFER site.
(For example, DFER Board Member Adrian Fenty lost his bid for second term as DC mayor; Ken Chavous lost his bid for re-election to the DC Council; Craig Johnson lost his bid for re-election to the New York state senate; Maureen Stapleton lost her bid for re-election to the Michigan state house; Mary Ann Sullivan lost her bid for the state senate; and the others left their elected positions.)
DFER's new national president is Shavar Jeffries, a former and failed DFER-backed candidate for Mayor of Newark, New Jersey. He is the leader of the "national staff" of DFER, which is located in Washington, DC, and he is also a partner at a big law firm, Lowenstein Sandler, which has offices in Rosewood, NJ, as well as DC and four other cities. 
Not only is DFER led by Democrats who have failed to win their last elections, a number of DFER-backed candidates have lost in recent elections, as with the Colorado school board races in 2015.
On the other hand, DFER spent more than $4 million on TV ads in 2010 that attempted to blame New York teachers’ unions for problems caused by the disastrous federal "Race to the Top" program. Among other things, DFER also spent $1 million on ads attacking the Chicago Teachers Union and supporting Rahm Emanuel in 2012. 
Who Funds DFER? "Education Reform Now Advocacy" and Its (Hedge) Funders
DFER is actually the more well known PAC arm of Education Reform Now, Inc. (ERN), a 501(c)(3) charitable nonprofit, and Education Reform Now Advocacy, Inc. (ERNA), a 501(c)(4) social welfare group. Their acronym not only sounds like the word "earn," but also it has the backing of some really huge earners.  
DFER co-founder (and founder of the T2 Partners hedge fund) Whitney Tilson explained the hedge funders interest in education noting that “Hedge funds are always looking for ways to turn a small amount of capital into a large amount of capital.” 
The Board of Directors for ERN consists almost entirely of Wall Streeters who made their fortunes through financial groups and hedge funds, such as Sessa Capital, Gotham Capital, Covey Capital, Charter Bridge Capital, Maverick Capital, Cubist Systematic Strategies, and Sanford C. Bernstein.
As the New York Times reported: DFER's supporters have included "the founders of funds like Anchorage Capital Partners, with $8 billion under management; Greenlight Capital, with $6.8 billion; and Pershing Square Capital Management, with $5.5 billion."
However, ERN and ERNA do not disclose who its major donors are and how much those big donors give to fund its operations and ambitions.
It is known, though, that FOX's Rupert Murdoch gave at least $1 million to ERN. Murdoch has expressed his desire to get in on education "reforms," stating "When it comes to K through 12 education, we see a $500 billion sector in the U.S. alone...."
The most recent federal tax filings of ERN/ERNA show that it had more than $12 million available to push education reform ($7.4 million for ERN and $5 million for ERNA) in 2013. Its non-profit filings from the most recent major election year, the 2014 mid-terms, or last year are not available.
What is known from the 2013 is filings is that, in that year, ERNA disclosed that it spent $1.7 million in political expenditures, nearly all of which went to DFER. These funds were used for expenditures, like mass mailings or ads supporting particular politicians but that were "independent" and not to be coordinated with the candidates' campaigns.   
ERN/ERNA's leader Joe Williams has been paid a for-profit like salary as its executive, with $398,500 in total annual compensation in 2013. He's also listed as "Executive Director Emeritus" for DFER and on DFER's board. Williams stepped down from his staff position at DFER in 2015 and also became a director at the Walton Education Coalition that year. That's Walton as in Walmart's Walton family. 
Because non-profits like ERN/ERNA do not have to disclose their major donors to the public, even when ERNA is active in supporting electoral activities the public is left in the dark about which hedge funder is actually helping to fund state and local ads and mailers during the election.
Even though privately held corporations and hedge funders do not have to disclose their donations to operations like ERN/ERNA, a CEO's charitable foundations do have to disclose whom they give grants to.
That's how it is known that the Walton family, of Walmart fame or infamy, has backed such efforts. In 2011, for example, ERN/ERNA received $1.1 million from the Walton Family Foundation. The total amount from all such CEO-controlled foundations given to ERN/ERNA to date is not known. 
As Matthew Fleischer noted in the Frying Pan News (reprinted by the Huffington Post) that hedge funder Tilson has followed the Waltons' lead: "in a 2010 documentary, A Right Denied, Tilson suggested that DFER was created because of Walmart patriarch John Walton’s support of vouchers and "school choice.'"
It has been investigative journalists who have helped expose the billionaire network behind ERN/ERNA/DFER, despite the opacity on the surface, as noted by George Joseph in the Nation: 
"[A]ccording to Steven Brill in his book Class Warfare, around this time [in 2010] the hedge-fund alliance for education reform really began to take off. That April, for instance, Education Reform Now’s Joe Williams and Bradley Tusk schmoozed over drinks with Paul Tudor Jones II and other hedge-fund billionaires at Home Depot founder Kenneth Langone’s Five Avenue apartment, where they planned a successful campaign to secretly spend millions through a 501(c)(4) political action fund and win the charter cap increase [in New York]. As with Families for Excellent Schools’ mostly secret financing today, Brill notes that Education Reform Now’s donations never became public, and that in May a room full of eager billionaires was able to push the legislature to authorize increased charter-school expansion."
(The Nation's exposĆ© on ERN/ERNA/DFER in New York includes emails and a slide deck about the billionaires and foundations behind such efforts that were leaked to the magazine.) 
Despite or perhaps because of this reality, the DFER arm in a state where ads are run merely discloses to the state authority that it received contributions from ERNA, not the hedge funders.
So, the ERN/ERNA/DFER operation is like a shell game when it comes to the public being able to pierce through the layers of non-profits to find the name of a particular billionaire or uber-rich hedge funder whose money is propping up a particular electoral candidate being backed by DFER.
Similarly, DFER in the states has been known to partner with other groups that have similarly murky or occluded funding sources.  
Take California and Colorado, for example.
DFER's Gloria Romero Joined with Koch-Connected Groups to Attack Unions
In the last presidential election year, DFER got heavily involved in pushing a California state proposition that would have undermined the power of workers' voices in elections, Proposition 32.
DFER's California arm was led by Gloria Romero, a former state legislator from Los Angeles, who was termed out from running for re-election after leading the state senate.
Romero failed in her bid to become the state Superintendent of Public Instruction in 2010, and then, like so many other failed politicians, she was welcomed as a leader for DFER. 
DFER began filing election disclosure forms in California in 2012. Some of its most high-profile activities under Romero were in partnership with other  Read More at:How a Democratic PAC Is Channeling Out-Of-State Dark Money to Enshrine Corporate Education Reform | Alternet:


Monday, March 7, 2016

CURMUDGUCATION: Competency Based Ed for Teachers

CURMUDGUCATION: Competency Based Ed for Teachers:

Competency Based Ed for Teachers


Competency Based Ed (or Proficiency Based Learning or Outcome Based Education) is increasingly and alarmingly all the rage, but so far we've been talking about it mainly as a content delivery system for K-12 students. Well, says Patrick Riccards at Real Clear Education, why not use it as an approach to training teachers as well?

Riccards is the chief communications and strategy officer for the Woodrow Wilson National Fellowship Foundation, and he lays a foundation here of reformy building blocks. Here's the Bellwether Partners report on how we don't know how to unpack "the black box of good teaching." Here's a charmingly trusting assertion that Charlotte Danielson " has clearly identified the knowledge and skills that beginning teachers need to both succeed in those formative years and remain in the classroom for many years to come." Has she? Has she really? Why, bless her heart, and yours too, if you believe in her so hard.

But Riccards is here to argue against inputs, against the traditional teacher prep program that measures hours and lists the courses one must take.

There is nothing magical about 36 credit hours of graduate education that ensures one will be an effective teacher. Instead, it is about understanding content and pedagogy, as well as being able to put that understanding to use in a classroom of your own.

Well, no. There's nothing "magical" about 36 credit hours, just like there's nothing "magical" about studying human skeletal structure on your way to mastering physiology for your physical therapy degree. But Riccards want us to see as necessary and inevitable a shift from lecture halls to actual 
CURMUDGUCATION: Competency Based Ed for Teachers:



Russ on Reading: Fordham Institute: Democracy is Overrated

Russ on Reading: Fordham Institute: Democracy is Overrated:

Fordham Institute: Democracy is Overrated
Democracy? We don't need no
 stinkin' democracy!

 Writing in the Thomas B. Fordham Institute'sOhio Gadfly Online, Aaron Churchill says that we shouldn't worry so much about whether school boards are elected, as in most public schools, or appointed, as in most charter schools, because democracy doesn't really work so well in education.


Churchill's key argument is that not many voters show up for school board elections because voters are not well-motivated for these off- cycle, low-profile elections; so who really cares if the school board members are elected or appointed by some charter operator. The problem is, according to Churchill, that these low-turnout elections leave the field open to "special interest groups" to unduly influence elections. By special interest groups, Churchill means teacher unions. Apparently, he cannot think of any other special interest groups that might want to influence a school board election.

To support his thesis, Churchill cites the work of Terry Moe, the William Bennett Monroe professor of political science at Stanford. This sounds really impressive until you google Professor Moe and find out that he is also a member of the Hoover Institute's Koret Task Force on K-12 Education. The Hoover Institute is a conservative think tank that has a long history of anti-unionism. Moe discovered, lo and behold, that 
Russ on Reading: Fordham Institute: Democracy is Overrated:

My Chief Concerns about ESSA | deutsch29

My Chief Concerns about ESSA | deutsch29:

My Chief Concerns about ESSA

reversal
I have been asked recently if I would compose a list of concerns related to the Every Student Succeeds Act (ESSA), the latest revision of the Elementary and Secondary Education Act (ESEA). ESSA replaces the last revision, the infamous No Child Left Behind (NCLB).
I had planned to write a series of posts based on reading the entire ESSA document. However, after writing four posts, I became sidetracked from such a monumental task. (Plus, it is a dry task, and one that is likely to appeal to very few readers.) Perhaps I will take it up again this summer.
For now, let me offer in this post my chief concerns with ESSA.
I have three.
Concern One: Opt-out “Catch 22”
First of all, ESSA plays a game with states via its Title I 95 percent annual testing requirement for grades 3 through 8 and once in high school in English language arts (ELA) and math. On page 36, ESSA traps states into including 95 percent of all enrolled students in grades 3 through 8 and once in high school as the denominator in determining annual measures of achievement on the mandated (yet state-selected) standardized tests. At the same time, ESSA tries to exonerate itself from driving state and local opt out policies by offering a “rule of construction” regarding the right of parents to opt their children out of testing (see page 32).
ESSA requires the 95 percent of testing for the states even as it says, “Don’t pin your state opt-out policies on us for our federal policy.”
ESSA also requires that states include that 95 percent testing in state accountability systems (page 36).  States, districts and schools are able to apply for “waivers of statutory and regulatory requirements” (page 302), but this only puts states, districts, or schools at the mercy of the US secretary of education.
Concern Two: Data Security
My second concern involves data collection and especially security. Pages 79 and 80 My Chief Concerns about ESSA | deutsch29: