Go ahead, read between the lines:
From: KEEFER PHILIP D
To: montagnebeau
Cc: GANC JEANETTE R
Sent: Tue, Oct 29, 2013 9:52 am
Subject: Letter to XXXX
Ms. Scheinberg,
Thank you for your letter to Ms. Ganc at XXXXX
Elementary School. The DCAS and subsequent SBAC assessments are State
of Delaware Department of Education assessment programs. We here, at
the Christina School District, do not have the
authority to opt students out of state required summative testing.
Please contact Helen Dennis at DDOE with your concerns and requests.
Thank You,
Philip Keefer, Supervisor
Title I, Grants, and Testing Programs
Christina School District
600 N. Lombard Street
Wilmington, DE 19801
Work Phone (302) 552-2683
Work Cell Phone (302) 354-5961
FAX Number (302) 552-2656
To which we responded:
From: montagnebeau
To: KEEFERP
Cc: GANCJ
Sent: Tue, Oct 29, 2013 11:11 am
Subject: Re: Letter to XXXX
Dear Mr. Keefer,
Thank you for your response. Would you please provide me with Ms. Dennis' contact information.
Given that CSD concedes that the district does not have the authority to opt students out of state required summative testing, I am exercising my constitutional right and my parental authority to direct the education of my son and must insist that CSD refrain from subjecting my son, XXXX Scheinberg, to the DCAS and SBAC and any other high stakes test that may be administered during the current school year.
Per our original letter:
Parental rights are
broadly protected by Supreme Court decisions (Meyer and Pierce), especially in
the area of education. The Supreme Court has repeatedly held that parents
possess 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)
I respectfully request that my son's class grades, class placement, high school diploma track, and school choice eligibility not be affected by our constitional right to refuse these tests. Please advise my son's school leadership to contact me at (302) 494-8076 so we can discuss the alternative class work XXXX will be given during test preparation and testing. After this phone call, I would also appreciate a written acknowledgment of this email and our phone call to be sent to my email address, montagnebeau@aol.com, or sent home with my child. Please include verification that my child's grades, class placement, diploma track, and school choice eligibility, etc. will not be affected by this refusal. In addition, please document which activities my child will be participating in while his fellow students are preparing for testing and during the test-taking sessions.
Your cooperation is deeply appreciated,
Sincerely,
Elizabeth A. Scheinberg
Robert Scheinberg
Parents of XXXX Scheinberg
Which Garnered this Response:
-----Original Message-----
From: KEEFER PHILIP D <KEEFERP@christina.k12.de.us>
To: montagnebeau <montagnebeau@aol.com>
Cc: Dennis Helen <helen.dennis@doe.k12.de.us>
Sent: Tue, Oct 29, 2013 11:22 am
Subject: RE: Letter to XXXX
From: KEEFER PHILIP D <KEEFERP@christina.k12.de.us>
To: montagnebeau <montagnebeau@aol.com>
Cc: Dennis Helen <helen.dennis@doe.k12.de.us>
Sent: Tue, Oct 29, 2013 11:22 am
Subject: RE: Letter to XXXX
Ms. Scheinberg,
Please
contact the Helen Dennis (information below) Once again, the Christina
School District cannot opt your son out of testing. It is simply not
our decision.
Once you have discussed the matter with DOE, please have DOE contact me
with their decision.
Phil Keefer
Helen Dennis
Education Associate, Student Assessment
Accountability Resources
Delaware Department of Education
401 Federal Street
Dover, DE 19901
Tel (302) 735-4090
Fax (302) 739-3092
Where upon I pushed back with:
From:
montagnebeau@aol.com [mailto:montagnebeau@aol.com]
Sent: Tuesday, October 29, 2013 11:26 AM
To: KEEFER PHILIP D
Cc: Dennis Helen
Subject: Re: Letter to Brader
Sent: Tuesday, October 29, 2013 11:26 AM
To: KEEFER PHILIP D
Cc: Dennis Helen
Subject: Re: Letter to Brader
Mr.
Keefer, CSD concedes that it can't opt my child out. However, I have
not forfeited my right to direct my child's education. I am more than
happy to pursue
the issue with DOE. However, until there is a resolution, I expect
that CSD will honor my parental directive. Thus, we should all plan
accordingly.
Thank you,
Elizabeth Scheinberg
Thank you,
Elizabeth Scheinberg
With a return volley:
-----Original Message-----
From: KEEFER PHILIP D <KEEFERP@christina.k12.de.us>
To: montagnebeau <montagnebeau@aol.com>
Sent: Tue, Oct 29, 2013 11:30 am
Subject: RE: Letter to XXXX
From: KEEFER PHILIP D <KEEFERP@christina.k12.de.us>
To: montagnebeau <montagnebeau@aol.com>
Sent: Tue, Oct 29, 2013 11:30 am
Subject: RE: Letter to XXXX
The district will not plan on doing anything until they hear from DOE. This is not a district issue, it is a state one.
I
understand completely that you do not want your child to take the test,
but at this point there is not opt out option for parents either.
Please contact the DOE with your concerns and if something changes, I will be more than happy to plan accordingly.
Thank you,
Phil K.
To which I responded:
From: montagnebeau@aol.com [mailto:montagnebeau@aol.com]
Sent: Tuesday, October 29, 2013 11:32 AM
To: KEEFER PHILIP D
Subject: Re: Letter to XXXX
Sent: Tuesday, October 29, 2013 11:32 AM
To: KEEFER PHILIP D
Subject: Re: Letter to XXXX
Mr. Keefer,
Could you please refer me to the code/law/reg/rule that clearly states that a parent has no right to refuse to the test?
Thank you,
Elizabeth A. Scheinberg
Robert Scheinberg
Could you please refer me to the code/law/reg/rule that clearly states that a parent has no right to refuse to the test?
Thank you,
Elizabeth A. Scheinberg
Robert Scheinberg
And the debate finally concluded this:
-----Original Message-----
From: KEEFER PHILIP D
To: montagnebeau
Sent: Tue, Oct 29, 2013 11:35 am
Subject: RE: Letter to XXXX
This is a state testing program. DOE will have to cite that code for you.