The Delaware Opt-Out Update

By Elizabeth Scheinberg

It's official! Today, we finally received a response from the Christina School District. You'll note some subtle nuances in the series of emails that follow - such as CSD makes absolutely no effort to claim ownership, nor support for high stakes testing or the results that these tests beget.

Go ahead, read between the lines:

-----Original Message-----
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:

-----Original Message-----
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)

Therefore, I renew my request for the following:

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

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@doe.k12.de.us

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

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

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

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

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

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.