Some facts:

No Child Left Behind (NCLB) is a disaster.

It took the Elementary and Secondary Education Act (ESEA) – a federal law designed to ensure all schools get equitable resources and funding – and turned it into a law about standardized testing and punishing schools that don’t measure up.

This was a Republican policy proposed by President George W. Bush.
But now that the ESEA is being rewritten, those pushing to keep the same horrendous Bush era policies are the Democrats.

Almost all of the Democrats!

That includes so-called far left Dems like Bernie Sanders and Elizabeth Warren!

It comes down to the Murphy Amendment, a Democratically sponsored change to the ESEA.

This provision was an attempt to keep as many Test and Punish policies as possible in the Senate rewrite.

The amendment, “reads more like NCLB, with its detailed prescription for reporting on student test results, for ‘meaningfully differentiating among all public schools’ (i.e., grading schools), including publicly identifying the lowest five percent, and, among interventions, potentially firing staff and offering students the option to transfer to other schools and using part of the budget to pay for the transportation,” according to blogger Mercedes Schneider.

Education historian Diane Ravich adds, “This amendment would have enacted tough, federal-mandated accountability, akin to setting up an ‘achievement school district’ in every state.”

Thankfully it was voted down. The ESEA will probably not be affected. The rewrite was passed by both the House and Senate without these provisions. Once the two versions of the bill are combined, it is quite possible – maybe even probable – that we’ll have a slight improvement on NCLB. Sure there is plenty of crap in it and plenty of lost opportunities, but the ESEA rewrite looks to be a baby step in the right direction.

The problem is this: the failed Murphy Amendment shows the Democrats’ education vision. Almost all of them voted for it. Warren even co-sponsored it!

When it was defeated and the Senate approved the ESEA rewrite, Warren released a statement expressing her disapproval. But if you didn’t know about the Murphy Amendment, you could have read her criticisms quite differently.

She says the (ESEA rewrite) “eliminates basic, fundamental safeguards to ensure that federal dollars are actually used to improve both schools and educational outcomes for those students who are often ignored.”

That sounds good until you realize what she means. “Educational outcomes” mean test scores. She’s talking about test-based accountability. She is against the ESEA rewrite because it doesn’t necessarily put strings on schools’ funding based on standardized test scores like NCLB.

She continues, “Republicans have blocked every attempt to establish even minimum safeguards to ensure that money would be used effectively. I am deeply concerned that billions in taxpayer dollars will not actually reach those schools and students who need them the most…”

She is upset because Republicans repeatedly stripped away federal power to Test and Punish schools. The GOP gave that power to the states. So Warren is concerned that somewhere in this great nation there may be a state or two that decides NOT to take away funding if some of their schools have bad test scores! God forbid!

And Warren’s about as far left as they come!

What about liberal lion Bernie Sanders? I’d sure like an explanation for his vote.

It makes me wonder if when he promised to “end No Child Left Behind,” did he mean the policies in the bill or just the name!?

The Democrats seem to be committed to the notion that the only way to tell if a school is doing a good job is by reference to its test scores. High test scores – good school. Bad test scores – bad school.

This is baloney! Test scores show parental income, not academic achievement. Virtually every school with low test scores serves a majority of poor children. Virtually every school with high test scores serves rich kids.

Real school accountability would be something more akin to the original vision of the ESEA – making sure each district had what it needs to give kids the best education possible. This means at least equalizing funding to poverty schools so they have the same resources as wealthy ones. Even better would be ending our strange reliance on local property taxes to provide the majority of district monies.

But the Dems won’t hear it. The Murphy Amendment seems to show that they’re committed to punishing poor schools and rewarding rich ones.

I really hope I’m wrong about this. Please, anyone out there, talk me down!

Up until now I’ve always been with the Democrats because they had better – though still bad – education policies than the Republicans. I’m not sure I can say that anymore. In fact, it may be just the opposite.

Which party is most committed to ending Common Core? The Republicans!

Which party has championed reducing federal power over our schools and giving us a fighting chance at real education reforms? Republicans!

Which party more often champion’s parental rights over the state? Republicans!

Sure, most of them still love vouchers and charter schools. But increasingly so do the Democrats.

This vote has me rethinking everything.

Our country’s education voters may have just been abandoned by their longest ally.

Where do we go from here?

Steven Singer is an educator and blogger. His website is https://gadflyonthewallblog.wordpress.com and you can follow him on twitter @StevenSinger3

Do not pass GO. Do not collect $200.

The institution that should be raising kids to the skies is chaining them to the ground.

It’s called the School-to-Prison Pipeline, and it disproportionately affects students of color and the poor.

School policy at the highest levels is designed to sort and rank students. Some go to the college track. Some go to the industrial track. And even more end up on the prison track.

We actually have procedures that prepare certain children for life behind bars.

Why? Because people make money from it.

Think about it. The United States represents only 4.4% of the world population but we house 22% of the world’s prisoners. We’re the number one jailor!

It’s not that our citizens are out of control. It’s not a rise in violent crime. In fact, the crime rate has decreased to 1970s levels.

But instead someone has found a way to convert prisoners into cash.

Since the 1980s, we’ve been handing over our prison system to private companies to run for a profit.

The number of inmates in privatized prisons has increased by 44% in the last decade alone, according to a 2013 Bloomberg report.

This creates a market. Without a steady stream of prisoners, these institutions would go bankrupt. And corporations such as Corrections Corporation of America and The GEO Group spend tons of cash lobbying our government to ensure just that.

It’s no accident that our national education policy meets the needs of the for-profit prison industry.

Look at the so-called education reforms of the last decade: increasing standardization, efforts to close schools serving poor and minority children, cutting school budgets and narrowing the curriculum. All of these serve to push kids out of school and into the streets where they are more likely to engage in criminal activity and enter the criminal justice system.

Federal education policy – whether it be No Child Left Behind or Race to the Top – continually doubles down on privatization and standardization. These policies consistently have failed to produce academic gains but are offered as the only possible solution in school reform initiatives.

Question: Why do we keep enacting the same failed policies?

Answer: Because they are not MEANT to succeed. They are meant to fail a certain percentage, race and economic bracket.

If we had effective education procedures that increased academic success, we wouldn’t have enough prisoners to feed our for-profit prisons. Lawmakers would loose valuable lobbying revenue.

Call it what you will – misplaced priorities, profiteering or an outright scam. But the reform-to-profit cycle is advocated, perpetrated and championed by the most prominent figures in the so-called education reform movement.

Take Bill Gates – the monetary force behind Common Core State Standards (CCSS), one of the leading policies in education.

The Bill and Melinda Gates Foundation also is an investor in The GEO Group – one of the biggest for-profit prison providers in the country. It’s most recent tax filing (2013) shows a more than $2 million investment.

Nominally a philanthropic organization, the Gates Foundation refuses to admit if it still backs the industry or by how much. Sure Gates underwriting is just a drop in the bucket, but it proves how the organization’s interest is economic and not charitable. It is one of a herd of Trojan horses stampeding over the cries of critics under a banner of largesse.

Likewise, Common Core essentially isn’t concerned with increasing the quality of children’s education. CCSS has never been proven to be effective and is – in fact – developmentally inappropriate. But it’s touted as a panacea to a host of ills when its real concern is to continue fortifying the prison machine.

We live in a country where more than half of the children attending public school live below the poverty line. They need proper nutrition, social assistance, tutoring, counseling and a host of wrap around services. But instead they get so-called “higher” academic standards and standardized tests.

It’s like a sporting goods store withholding wheelchairs to the Special Olympics and instead donating extra hurdles – all the while claiming it was trying to help participants become better hoppers!

Even worse, these standards aren’t actually better. They’re just confusing, ignorant and ill-conceived. After all, they weren’t developed by educators. They were made by ideologues who admit they were unqualified for the task.

Was this a huge mistake? No. These standards and the associated bubble tests that drive them do exactly what they were meant to do.

They increase the numbers of failing students. They push more kids out of school and into the waiting arms of the prison industry.

And when kids have difficulty sitting through the hours, days, and months of test prep that are increasingly replacing a well-rounded curriculum, they face unfair discipline practices.

We treat misbehaving kids like little criminals.

Can’t sit still in class? Can’t keep quiet? Can’t control your frustration?

Out you go! Detentions, suspensions, expulsions!

We have zero tolerance for your childish behavior – even if you are still a child.

And unsurprisingly the majority of the children who are crushed by the hammer of discipline have dark skin.

Let me be clear. I’m not saying that misbehaving children shouldn’t be disciplined. Far from it.

But we need to stop criminalizing their misbehavior.

If we can’t provide them with schools that teach in a developmentally appropriate manner – it’s not the children who are misbehaving. It’s us! The school system!

Moreover, when a child has a problem conforming to the norm, our first reaction shouldn’t be punishment. It should be understanding. The goal should be to find ways to change the negative behavior, not weed the kid out of the system.

But this means treating children as ends not means.

We have to care about their well-being. They have to be more than just piggy banks for big business.

Otherwise, it is our sick society that really deserves to be sent to jail.

Steven Singer is an educator and blogger. His website is https://gadflyonthewallblog.wordpress.com and you can follow him on twitter @StevenSinger3 

You could almost taste it.

The children filing into the classroom were mumbling to each other, gesticulating violently, pointing fingers.

And out of all that jumbled noise – like a TV showing a scrambled channel – only one word came through clearly.

Baltimore.

The bell rang its muffled cry – just another dissonant note lost in the chatter.

I held up my hands and began to quiet them.

But then stopped.

Exercises about vocabulary, analogies, sentence construction and figurative language waited patiently on the board. They’d have to wait until tomorrow.

There was something going on here more than just teenage drama. My middle school kids were shaken and upset. As a white teacher who presides over classes of mostly minority students, I shouldn’t have been surprised that the events in Baltimore would weigh heavily on their minds. They were on mine, too.

So I quieted my 8th graders with a question: “Are you talking about Baltimore?”

A collective shout of various disconnected assents.

“Who can tell me what’s happening there?” I asked.

They quieted and raised their hands.

We were back in school again.

They told me what they knew, which was surprisingly little. They knew people of color were rioting in Baltimore. They thought a black man had been shot.

I said, “He wasn’t shot. Does anyone know his name?”

No one did.

“Has anyone heard of Freddie Gray?” I asked.

None of them had. So I told them.

I told them that Gray was a 26-year-old black man in Baltimore who died under mysterious circumstances while in police custody. I told them he was arrested because he met an officer’s eye, got scared and ran. The police arrested him and found a knife on him.

I told them there was a cell phone video of Gray being arrested. He was being dragged to the police car screaming in pain. After about 30-45 minutes he was taken to the hospital. His spine was 80% severed from his neck. He had a bruised larynx and broken vertebrae. He eventually died from his injuries.

They wanted to see the video. At first I refused because I clung to some optimistic hope we might get back to my lesson plans. But one look at their eager faces and I gave in.

I have never heard them so silent. Never. They watched the video and an accompanying news report as if they were the about life and death. I guess they were.

Then we went around the room discussing what we’d seen and what it meant.

More than anything, I just let my kids talk.

You’d be amazed at what they had to say. Some highlights:

• It’s really hard to be a black person in America. Black people – especially boys – are being murdered by the police. They assume if you’re sagging your pants, you have a gun on you.

• White people can put their hair in cornrows and dress “ghetto” but when they change their hair back and put on different clothes, they’re still white. I can’t change my face. The police still look at me like I’m an animal and a criminal.

• Lot of boys I know sell drugs so they can support their mommas. It’s not for them. They want their mommas to have it easier. They do it out of respect for all their mommas have sacrificed to bring them up and feed them.

• There’s no such thing as race. It’s just a color. We’re all the same.

When it came to the riots, the class was sharply divided – and not on racial lines.

Some kids said that people rioting in Baltimore are being “trashy” and “ghetto.” They’re making black people look bad. “How does stealing the new Jordan’s help Freddie Gray?”

Others thought the violence was completely justified.

In fact, some of my girls were so angry they wanted to go to Baltimore and join the tumult. They were so mad, they wanted to ditch school and riot right here in Pennsylvania.

“This didn’t start with riots,” I told them. “It started with protests. Can someone tell me the difference?”

They calmed again and tried to answer the question.

We started to define both terms. We decide that a riot was chaos, unorganized and had no purpose. A protest was just the opposite – organized and purposeful.

The anger resurfaced.

“I don’t care, Mr. Singer!” a big girl in the back shouted. “They always be out to get us, and when it goes to court no one does nothing!”

I pointed in her direction and nodded. We talked about it. Many felt the same way. If you can’t trust the police and the courts, who can you trust?

I moved forward into the middle of the room.

“Dr. Martin Luther King said, ‘The arc of the moral universe is long, but it bends toward justice.’ Does anyone know what that means?”

We decoded it. We decided it meant that it might take a long time, but justice usually wins in the end.

I nodded. 

I asked them if Dr. King ever rioted. They said no. I asked them if Dr. King ever protested. They smiled and said yes.

We talked about the Civil Rights movement. We talked about how organized, peaceful protests won us many of the rights we have today. We talked about Mahatma Gandhi and how passive resistance won the country of India.

And then the talk changed.

No more talk of riots.

We talked about protests – what they looked like today and how they worked.

“I’m going to go down Main Street and protest this Sunday,” another girl said with tears in her eyes. “I have the right to think my thoughts and no one can stop me thinking them.”

Others mumbled agreement and said they’d go with her.

I asked her what she’d do – just march back and forth. She didn’t know. I told her about die-ins – how people would just drop to the ground and stay there to represent the people being murdered.

The class took it from there. They planned to do a die-in. They’d do it at the exact time Freddie Gray died. They’d bring signs that said “Black Lives Matter.”

I asked the girl who originated the idea if she went to church. She said she did. I told her she might want to tell them what she was planning. She should tell her parents. Maybe they’d join her.

She beamed. Her grandfather is a retired police officer and she thought he’d come along. She said she’d talk with her pastor Saturday.

All this in the space of 45 minutes. 

By the time the bell rang again, they were literally marching and singing “Protest!” as they walked off to lunch.

We never got to the planned lesson, but I’m not sure that matters.

Did I overstep my bounds as teacher?

I don’t think so. Something had to be done. These kids were hot. They wanted to tear something apart. But after our discussion they had an outlet, a plan.

Will they go through with it? I don’t know.

Frankly, that wasn’t the point. In the classroom, I’m not an organizer. I’m a teacher.

I’ve lost too many kids to the streets. Drugs, violence, neglect, juvenile detention.

“Promise me something,” I said in the middle of our discussion.

“Mr. Singer, it looks like your going to start crying,” one of them said awed and frightened.

“Please. Whatever you do, be safe,” I said.

“If a cop asks you to do something, you do it. Don’t run. Don’t yell and scream.”

“But, Mr. Singer!”

“Honey,” I interrupted, “I’m not saying to give up fighting for your rights. But you have to live long enough to tell your story. Freddie Gray isn’t around to have his day in court. Neither is Trayvon, Michael or Eric. You know what I mean?”

They nodded.

Teachers can’t make anyone to do anything.

The only thing they can do is get you to think.

I did that. I just hope it’s enough.

What you are about to read may be a criminal act.

I may have broken the law by putting this information out there.

Edward Snowden leaked data about civilian surveillance. Chelsea Manning released top secret military documents.

And me? I’m leaking legal threats and intimidation students and teachers are subject to during standardized testing.

Not exactly a federal crime is it?

No. I’m asking. Is it?

Because teachers are being fired and jailed. Students are being threatened with litigation.

All because they talked about standardized tests.

The US government mandates public school children be subjected to standardized assessments in reading and math in grades 3-8 and once in high school. Most schools test much more than that – even as early as kindergarten.

And since all of these assessments are purchased from private corporations, the testing material is ideological property. The students taking these exams – regardless of age – are no longer treated as children. They are clients entering into a contract.

At the start of these tests, students are warned of the legal consequences of violating the terms of this agreement.

In particular, the Pennsylvania System of School Assessment (PSSA) tests require students to read the following warning on the first day of the assessment:

DO NOT PHOTOGRAPH, COPY OR REPRODUCE MATERIALS FROM THIS ASSESSMENT IN ANY MANNER. All material contained in this assessment is secure and copyrighted material owned by the Pennsylvania Department of Education. Copying of material in any manner, including the taking of a photograph, is a violation of the federal Copyright Act. Penalties for violations of the Copyright Act may include the cost of replacing the compromised test item(s) or a fine of no less than $750 up to $30,000 for a single violation. 17 U.S.C. $ 101 et seq

So the first act of testing is a threat of legal consequences and possible fines.

There are no such warnings on my own teacher-created tests. Sure I don’t want students to cheat, but I don’t threaten to take them to court if they do.

The school has a plagiarism policy in place – as just almost every public school does – which was created and approved by the local school board and administration. The first infraction merits a warning. The second one results in a zero on the assignment, and so on.

Moreover, this is something we go over once at the beginning of the year. We do not reiterate it with every test. It would be counterproductive to remind students of the dire consequences of misbehavior right before you’re asking them to perform at their peak ability.

Okay, Brady! Go out there and win us a football game! By the way, if you deflate that football, you will spend the rest of your life in jail. Go get ‘em!

But that’s not all.

In Pennsylvania, we also force kids to abide by a specific code of conduct for test takers. They must enter a quasi-legal relationship before they are even permitted to begin the tests we’re forcing them to take.

Much of this code is common sense. Get a good night’s sleep. Fill in bubbles completely using a number two pencil.

But some of it is deeply disturbing.

For example, students are told to “report any suspected cheating to your teacher or principal.”

They have to agree to be an informer or snitch to a government agency. My students aren’t old enough to vote or even drive a car, but they are directed to collaborate with the government against their classmates.

In addition, they are told NOT to:

-talk with others about questions on the test during or after the test.

-take notes about the test to share with others.

Sure kids shouldn’t talk about the test with classmates DURING the testing session. Obviously! But why can’t they discuss it after the test is over!?

Kids aren’t allowed to say to their friends, “Hey! Did you get the essay question about ‘The Tell-Tale Heart’?”

They aren’t allowed to discuss how difficult it was or compare how each of them answered the questions?

These are children. If you think they aren’t talking, then you just don’t know kids. You don’t know people!

And why shouldn’t they talk about it? They just shared a stressful, common experience. Who wouldn’t want to compare it to what others went through so as to decide how your experience rates? Did you answer the questions well or not? Did you get a more difficult question than others? Did the thing that struck you as odd also hit others the same way?

Personally, I do not consider talking like this to be cheating. It’s just human nature.

But we force kids into a legalistic vow they won’t do it. On the test, we make them fill in a bubble next to the following statement:

By marking this bubble I verify that I understand the “Code of Conduct for Test Takers” that my Test Administrator went over with me.

As a test administrator, I am not allowed to move on until all students have filled in that bubble. I wonder what would happen if one of them refused.

Technically, we aren’t making them promise TO ABIDE by the code of test takers. Perhaps we lack that legal authority. We are, however, making them swear they understand it. Thus we remove ignorance as an excuse for not following it.

But there is a veiled threat here. We imply that not following this code will have harsh legal consequences.

And I’m not sure it should.

Kids certainly ignore it. They almost definitely discuss the exam with their peers after the testing session. But we’ve given them a sense of guilt, fear and anxiety just for being normal human beings.

That’s wrong.

Teachers are forced to do it, too.

Just as there is a code for test takers, there is a code for test proctors.

I have to sign that I understand the “Ethical Standards of Test Administration.” Again, much of this is common sense, but it includes such statements as:

DO NOT:

-Discuss, disseminate or otherwise reveal contents of the test to anyone.

-Assist in, direct, aid, counsel, encourage, or fail to report any of the actions prohibited in this section.

So even teachers technically are not allowed to discuss the test and should report students or colleagues seen doing so.

If I walk into the faculty room, and one of my co-workers describes a question on the test and asks my opinion, I’m supposed to report this person to the authorities.

What kind of Orwellian nightmare are we living in?

If we see a question that is badly worded, misleading, has no correct answer, contains misspelled words – anything out of the ordinary – we’re supposed to remain silent. In fact, we’re not supposed to read anything on the test other than the instructions.

I can’t talk about it to my colleagues, my principal, my spouse, my priest – ANYONE.

What are the consequences of breaking this code?

Ask those teachers in Atlanta who were convicted of cheating. Obviously they did more than just talk about the test and they deserve to be punished. But there is a specific threat to teachers if they violate this code.

According to the “Pennsylvania System of School Assessment Directions for Administration Manuel”:

Those individuals who divulge test questions, falsify student scores, or compromise the integrity of the state assessment system in any manner will be subject to professional disciplinary action under the Professional Educator Discipline Act, 24 P.S. $ 2070. 1a et seq, including a private reprimand, a public reprimand, a suspension of their teaching certificate(s), a revocation of their teaching certificate(s), and/or a suspension or prohibition from being employed by a charter school. [emphasis added]

So teachers may lose our certifications, livelihoods, etc. Heck! We could be charged with racketeering like the Gambino Family and face up to 20 years in jail!

And all just for talking!

I thought speech was protected by law. Doesn’t the First Amendment protect me from prosecution for speaking except under extreme and unusual circumstances?

If my colleagues and I were to discuss the appropriateness of certain test questions, would that really be such a bad thing? If we compared the questions being asked with how we prepared our students for the test, wouldn’t that – in fact – be the responsible thing to do?

I never give my students one of my own teacher-created tests without knowing exactly what’s on it. I’ve read the test from top to bottom. Heck! I made it!

One shouldn’t feel like a whistle-blower for talking about a standardized test. Discussing the appropriateness of specific test questions does not make me Julian Assange.

Therefore, I must ask an important question of you, dear reader: Did I violate these rules by writing this very article? Is the piece you are reading right now illegal?

I contend that it isn’t. The code of conduct for both test takers and test administrators is freely available on-line from the Pennsylvania Department of Education. The legal threat at the beginning of the test is reproduced almost word-for-word in a sample letter the state Department of Education suggests schools send to parents before testing begins.

I haven’t included anything here that is not freely available on the Internet or elsewhere.

But the need I feel to stop and answer this question is kind of scary.

There is a veil of secrecy over these tests and the way they are administered. And it’s no accident. The testing companies don’t want all of this to become public knowledge. They don’t want the quality or inferiority of the actual exams to be known.

And our state and federal governments are protecting them. From whom? Our teachers, parents, and students.

Shouldn’t our legislators be looking out for our rights and not just those of private contractors who were hired to provide a service? Obviously we have to allow test manufacturers the freedom to do their jobs – but some of this seems to go beyond that requirement.

We’re being silenced and intimidated to protect an industry that is of dubious qualityand obscene profitability.

Every day more people are asking questions about the validity of standardized testing. Everything from the frequency of the tests to the value of cut scores has been the subject of criticism. Thousands of parents are refusing to let their children take these assessments at all.

Isn’t it time to throw back the Iron Curtain of standardization and look at these tests in the cleansing light of day? Isn’t it time to evaluate this process as well as the product? Do we really want to support a system that encourages silence and snitching from our children and educators?

Isn’t it time to move beyond standardization and toward a system of teacher-created curriculum and testing instead of relying on capitalist profiteers.

Big Corporation is watching.

Let’s poke him in the eye.

Steven Singer is a husband, father, teacher, blogger and education advocate. He writes at gadflyonthewallblog.wordpress.com