SED Dismisses Refuse the Test/Sit and Stare Appeal But Parents Still Have Rights

Check out nysed and their legalese.

As predicted with QUEEN TOOL kit and her merry band of lawyers, sit and stare may be on the rise. They’ve contacted lawyers against little children’s right to read a book. They want to make this as punitive an environment for minors as possible.

What country is this again?

Educator, parent Michael Brewster contributes:

“Here is one large error that the REFUSE movement will continue to lose upon:
“They contend, among other things, that petitioners lack authority to opt their children out of state testing.”

If you call it “opt out” you are doing the wrong thing. The law is clear and the Verrico case affirms this. It must be made clear that we are in active open rebellion against the law in “Refusing.” Do not tell people to “opt out,” tell them to “Refuse.” There is a clear provision in the test, the “999” score, which proves that NYSED anticipates student insubordination. This is parentally-supported insubordination, and as an “illegal” tactic, we cannot expect humane treatment. However, I would argue that the vast increase in refusals from 2014 to 2015 renders this particular case moot, if only because of sheer management problems.

Also, if you are going to seek an injunction of relief, DO NOT include this “Each petitioner notes in her petition that, “[i]f no such stay is granted, and this Petition is not decided prior to the giving of the first assessment, this Petition will be rendered moot.””

In both cases, the appeals were denied on this one single point. However, the respondent went on to write legal opinion that will be used in future cases against parents. While this is shady and back-handed, this is a legal tactic used in other courts to establish affirmation.

If you live in a draconian district, but have a strong Refuse group, threaten private school/homeschooling. If you have the ability to pull enough students out of their school, they lose significant funding. It’s a better tactic than using SED as a vehicle for justice.

The upshot is, based on these poorly argued and poorly presented cases, Districts can use sit-and-stare. We already knew that. Nothing has changed except Districts must now contend with as many as 90% of their student REFUSING. Keep up the good work.”

Please also note;
http://www.nysut.org/news/2015/september/nysut-defense-of-educators-free-speech-moves-forward

http://www.twcnews.com/nys/capital-region/capital-tonight-interviews/2015/08/31/maryellen-elia-083115.html

Schools of Thought Hudson Valley, NY

The below Decision was recently issued by Commissioner Beth Berlin on an appeal filed by parents who refused the test and appealed the districts sit and stare policy. Its no surprise to me, the Commissioner dismissed the appeal at the outset on a procedural grounds. Beyond that, the Commissioner also dismissed the appeal on the merits. Thats the bad news.

The good news, is that this doesnt mean that you should NOT refuse the grades 3-8 state assessments, you should.

This does NOT mean that you should simply accept it if your district is sit and stare, by all means challenge it!

All this means, is that if  you file an appeal to SED looking for help and relief,  dont waste your time, you will likely not be successful – so save your money.

Lobby your BOE to make changes regarding sit and stare and lobby the BOE to implement…

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