Monday, February 10, 2014

Dr. Johnny Lops, child psychiatrist, reflects on the damaging pressure from testing on NYC parents, teachers and kids



Dr. Johnny Lops is a child psychiatrist who works at a hospital in Brooklyn and has a private practice.  His website is at Drjohnnylops.com; and he tweets at @drjohnnylops

It’s Monday morning and I am sitting in my office in a clinic in Brooklyn, NY that services primarily low income multi-cultural families.  My phone is blinking that I have a message, most likely over five.  I can already predict the variety of calls I am about to hear.  Many will be mothers informing me of complaints from school that their children have  been acting out again, or that they are not focused, or that they continues to show insufficient effort or motivation.  

Day in and day out, it seems the job of a NYC parents and teachers is becoming more stressful.  I make jokes to the parents of the kids I see that I would not wish my worst enemy to become a teacher in these times.   Gone are the days where teachers were allowed the time get to know their students or their parents and do what I hope schools would provide: the opportunity to develop good social skills, executive functioning , emotional intelligence  and enhance their moral development.  

What schools do instead is put an overwhelming, overbearing pressure on kids to achieve  high scores on standardized test s, on which their teachers are then evaluated..  Well, if I am a teacher, I don’t have time to work on the development of a child.  If my job is simply based on academics, then getting through lesson plans are most important.  If I have a child who has experienced trauma, copes with multiple stressors at home like a majority of my kids, has an anxiety/depressive disorder, and/or a behavioral disorder, these kids are negatively affecting my future. 

 I am very proud of the teachers that do contact me and provide more information about my kids’ mental well-being.  A majority of teachers are quite -tuned in to their student’s emotions.  I find the ability for teachers to make referrals to mental health clinics has improved.  My concern is that with all the stress on schools to produce high test scores, the children who do not carry the full range of academic, emotional, or social intelligence are falling behind, way behind, and they end up in my office developing real psychiatric conditions that are undermining their well –being.  

Parents wish they could complete the homework with them but a majority of my parents struggle academically as well.   I have in my office a stressed out mother AND a child, both developing low self-esteem because of their poor academic skills.  Furthermore, because  children are acting out, has not fully developed healthy executive functioning skills or emotional intelligence, they have less time to do homework, because they need to come see us at our clinic for therapy and/or medications to target their symptoms, many of which are caused by their academic struggles. 

I am happy to work for a clinic where my staff and I are committed to serving local families and can provide them the support they need.  I think all my colleagues would agree, though, that having schools become a place focused so exclusively on academics has put an incredible amount of burden on parents and staff, trying to find alternatives for children facing these pressures.  Watching children in my office exhibit so many psychiatric problems  is upsetting.  I just hope those running  the NYC Department of Education and the State Education Department re-evaluate their strategies to improve children’s outcomes.  

--Dr. Johnny Lops, Child and Adolescent Psychiatrist


Parents and Educators Outraged by Regents Unwillingness to Assume Responsibility and Change Course



More information contact:
Eric Mihelbergel (716) 553-1123; nys.allies@gmail.com
Lisa Rudley (917) 414-9190; nys.allies@gmail.com
NYS Allies for Public Education www.nysape.org

Parents and Educators Outraged by Regents Unwillingness to Assume Responsibility and Change Course

The leaders of the NYS Allies for Public Education (NYSAPE), a coalition of more than 45 parent and educator groups from throughout the state, expressed extreme disappointment that the NYS Regent Common Core Taskforce refused to address the real issues undermining education in this state and made only minor tweaks to current policies.  The report is quite clear that the Regents continue to ignore the deep flaws in the Common Core Learning Standards (CCLS), excessive high stakes state testing and student data sharing.  The recommendations can be viewed here: http://www.regents.nysed.gov/meetings/2014/February2014/214p12hea3.pdf

Tim Farley, a parent of four public school children and the Principal of Ichabod Crane Elementary/Middle School said, “Today's recommendations from Commissioner King and the Regents task force reveal just how out of touch they are and how obsessive their appetite is for excessive state tests.  The fact that they refuse to subject their own children to these excessive testing and data policies is very telling.  The parents and educators of New York have been paying attention, and they are justifiably outraged."

“The need to replace the four incumbent Regents members is more important than ever,” said Eric Mihelbergel, Ken-Ton public school parent and founding member of NYSAPE.  The Regents Taskforce failed to address the real concerns of parents and again has displayed disconnect from their constituents.  Their recommendations today tell me the State is full steam ahead with this failed reform agenda.”

Carol Burris, South Side High Principal and 2013 Principal of the Year stated, “For a deliberative body that is so insistent that students, schools and educators be held accountable, their unwillingness to assume responsibility for their blunders and respond by correcting course is breathtaking.  For example, they shift the review of the New York State Common Core standards to the National Governors Association, rather than assume that responsibility themselves. At nearly every turn they “advocate”, or “encourage” others to take action, rather than earnestly respond to what they heard.  Developing a “teacher portal” and more low quality materials, is hardly the response our parents expected.  The tinkering with dates and semantics about college ready scores at the high school level provides no relief for our K-8 students from testing or from the implementation of flawed curriculum. ”

“Instead of simply calling for a delay in the uploading of private student data onto an insecure data cloud, and pass the responsibility to deal with this issue to the Legislature, the Regents should have insisted that the inBloom contract be cancelled, as every other state has done.  Why should New York continue to be the worst place in the country when it comes to student privacy?” asked Leonie Haimson, Executive Director of Class Size Matters.

“The notion that more time to phase in standards or train teachers will somehow cure the ills of a deficient curriculum and inappropriate tests is misguided.    Just as troubling is the suggestion that teachers should continue to be evaluated on the basis of a system no one believes in, and that if they are threatened with losing their jobs, they  should “raise an alleged failure” of their districts to properly implement the Common Core – when the fault lies with the state.   There is no need for more money to 'engage' parents with implementation of CCLS. Parents have made their voices perfectly clear in demanding that these destructive policies be brought to an immediate halt,” said Jessica McNair, New Hartford public school parent.

"The Regents appear not  to understand that the actual time spent on testing per day, multiplied out over six days of the state assessments, is inappropriate for all students despite the misleading statistics quoted in recommendations," stated Chris Cerrone, Western New York public school parent of two elementary-aged children.

“Our state education system remains in turmoil, yet the recommendations of this task force do nothing to address the profound problems associated with the standards and excessive high stakes testing.  They simply echo the false sentiments of Chancellor Tisch and Commissioner King, by providing nothing more than superficial suggestions in an attempt to pacify the public. Parents will not be so easily assuaged,” said Jeanette Deutermann, Bellmore public school parent and founder of Long Island Opt-Out.

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Sunday, February 9, 2014

Justice denied! Slipshod and circular reasoning in the judge's decision on our inBloom lawsuit!

Late Friday afternoon, we learned that Judge Breslin of the NY Supreme Court dismissed the lawsuit to prevent the NY State Education Department from uploading personal student data to inBloom, which in turn plans to share this information to vendors without parental consent. The judge's decision is nonsensical in many ways, as he didn't show how the state's disclosure of personal student data to inBloom was either necessary or specifically authorized by law, as the Personal Privacy Protection Law requires. Instead, his decision exhibits slipshod and circular reasoning.

Despite the chorus of inBloom supporters and others on the Gates payroll who pounced on this decision with glee, the Court did not make any independent judgments on the educational value or security of this information.  Instead, the judge pointed out an exception in the PPPL: that such disclosure can be made "to those who contract with, the agency that maintains the record if such disclosure is necessary to the performance of their official duties pursuant to a purpose of the agency required to be accomplished by statute or executive order or necessary to operate a program specifically authorized by law."  


However, the State did not prove that such disclosure to the contractor, in this case inBloom, was indeed"necessary  to the performance of their official duties" or "necessary to operate a program specifically authorized by law" -- so I'm really not sure how the Judge came to this conclusion, and it seems to be based upon a very slippery argument. 

Moreover, according to the experts that we've spoken to, the contractor would itself be bound by the PPPL law and thus required to protect privacy to the same extent as the State Education Department.  This means that inBloom could not redisclose any personal data to vendors, including the dashboard providers, without parental consent.

The only real discussion of this issue by the judge in his decision is on p. 15, where he says that the "determination...to utilize a third party vendor to design and effectuate the portal and the dashboard systems" was "not unlawful" as it was made to "carry out the duties of the agency which is promote and further the educational process and supervise all public schools." 

So that the disclosure to a contractor, namely inBloom, is allowed "inasmuch as disclosure is necessary to the performance of respondents' official duties."   Because SED says it is done to carry out its "duties," therefore it is "necessary" and the PPPL does not apply?  Why have a law that restricts the actions of state agencies to disclose personal information unless it is "necessary," and then defer blindly to the agency whenever it claims that such disclosure is needed to perform its duties?

How do we know that disclosing this data to inBloom is unnecessary? No other state is providing its student data to inBloom, even states that received considerable Race to the Top funds.  No other state is outsourcing its entire student longitudinal record system to a private corporation, as far as we know.  The vast majority of New York school board members have opposed the disclosure of this inforrmation to inBloom, as does nearly every Superintendent who has spoken out on this issue.

The state itself says it will not upload the data to the inBloom cloud until at least April, because of contractor delay, and that it will take two months after that until the dashboards are fully operable, which means that it will be at least June until they are working.   

Ken Wagner's affidavit adds the salient fact that in "September 2014, the State's RTTT funding ends if we are unable to obtain an extension...At that point NYSED's rols as subsidizing and serving as a marketplace for...dashboard services will end and inBloom must delete all the data that we have given them."

NYSED also admits that even if they do get an extension, inBloom will start charging for its services in January 2015 -- and that they may have no budget to pay for it when it does. At that point as well, districts would have to pay separately for the dashboards, and none have so far said that they intend to do so. 

So that at most, there would be four months during the school year -- September to December 2014, and possibly even less time -- when the dashboards populated from the inBloom cloud would be operational.  Is uploading the most sensitive information of every public school student in the state onto a data cloud a rational decision, so that dashboards may operate for four months at most?  Is it really necessary for the performance of SED's official duties?  This shows how absurd, arbitrary and reckless this determination of Commissioner King--and Judge Breslin's rubberstamp opinion -- really is.

As we pointed out, the state had violated several other provisions of the Personal Privacy Law,including never having submitted a privacy impact statement in over thirty years, which is required by law.  This privacy impact statement is supposed to provide details as to what personal data every state agency are collecting and which of this data are being provided to  third parties,  under what legal justification,. NYSED also never appointed a privacy officer, as the law calls for as well.  Finally, the SED never established any rules governing the retention or disposal of the data supplied to inBloom, which also violates the PPPL . 

The Judge did not disagree, but the fact that Ken Wagner, (who I guess by default is SED's privacy officer!) did finally submit a privacy impact statement in December in response to our lawsuit, no matter how incredibly inadequate and late the statement is, seems to have satisfied him.  (See Wagner's laughably incomplete statement and the accompanying spreadsheet, especially vague as to who the state may decide to share this information with and under what authority and conditions.)

The Judge also noted that Wagner finally provided information in hisstatement as to the disposal and destruction of this information. Wagner now says that inBloom will be required to destroy all the data when students graduate from high school, but that all of their personal data will be then transferred to the State archives for at least eight years following graduation,with uncertain restrictions on access and an indefinite time line for disposal-- which in itself seems to violate the strict conditions laid out in the PPPL. 

Never mind. We will continue fighting for laws, namely A.6059A, passed unanimously by the Assembly last session and now introduced in Senate S.5932,  that would put strict limits on the state's ability to share any personal information with third parties, and would  prohibit any vendor from redisclosing such information to third parties without parental consent, as inBloom plans to do. 

As the leaders of both parties have come out strongly against the state’s plan to share such sensitive student information with inBloom, I believe that they will never allow the Commissioner to go ahead with this unwarranted and massive violation of student privacy.

New York Parents Outraged by Governor’s Flawed Common Core Panel



FOR IMMEDIATE RELEASE:  February 9, 2014
More information contact:
Eric Mihelbergel (716) 553-1123; nys.allies@gmail.com
Lisa Rudley (917) 414-9190; nys.allies@gmail.com
NYS Allies for Public Education www.nysape.org


New Yorkers Outraged by Governor’s Flawed Common Core Panel

The leaders of the NYS Allies for Public Education (NYSAPE), a coalition of more than 45 parent and educator groups from throughout the state, expressed their outrage at Governor Cuomo's choice of appointees to his Common Core Panel.

As Lisa Rudley, Ossining public school parent and founding member of NYSAPE said, “As a parent I am offended that the Governor's Panel is stacked with known supporters of the Common Core, eliminating the chance for an objective evaluation.  The chair, Stanley Litow, Vice President of IBM, has already written an Op-ed saying full speed ahead with its implementation.  Dr. Charles Russo is one of the very few Superintendents in the state to publicly support the standards, including the flawed NYSED modules known to be rife with errors and questionable content.”  

As Leonie Haimson of Class Size Matters pointed out, “Several members selected by the Governor belong to organizations that are heavily dependent on funding from the Gates Foundation, which has spent more than $170 million on developing and promoting the Common Core. These include Dan Weisberg of The New Teacher Project, which has received $23 million from the Gates Foundation, including $7 million in the last year alone.  Nick Lawrence is a prominent member of Educators for Excellence, which received more than $3 million from the Gates Foundation in 2013.  This evident conflict of interest undermines their credibility not only concerning the Common Core, but also the highly controversial issue of whether the state should go ahead with sharing personal student data with inBloom Inc., a corporation established by the Gates Foundation with $100 million."

“Parents are tired of having education policy in this state hijacked by deep-pocketed billionaires who do not send their own children to public school and would never consider having their education stifled by a rigid regime of instructional text, scripted modules, test prep, and their personal data provided to for-profit companies without their consent,” said Eric Mihelbergel, Ken-Ton public school parent and founding member of NYSAPE.

Bianca Tanis a New Paltz public school parent and special education teacher noted, “Experts in special education, early childhood development and elementary school teachers have all noted that the Common Core standards are developmentally inappropriate, were created without their input and need significant reform.  And yet not a single individual from any of these groups was selected for the Panel, ensuring that their recommendations will be profoundly deficient.”

"I am astounded that the governor would fail to include any teachers of younger students and those with special needs, especially since many of the criticisms and concerns surround the issue whether the standards are appropriately designed for these children,” pointed out Lori Griffin, a Copenhagen public school parent and educator.

“The Governor argues that no decision should be made on the Common Core until this Panel has come up with its recommendations.  The fact that this Panel is so heavily stacked only reinforces our conviction that there is no reason to wait for the Panel's conclusions.    The Common Core standards must be immediately pulled back and revised, with input from educators and parents, the over-testing must come to a halt, the teacher evaluation system scrapped, and the contract with inBloom cancelled,” said Jeanette Deutermann, Bellmore public school parent and founder of Long Island Opt-Out.

Jessica McNair, New Hartford public school parent concluded, “Our children are suffering and cannot wait. If Commissioner King does not immediately stop the runaway train, call a halt to the standards and the testing, and withdraw his agreement with inBloom, the Legislature must act in his place.”

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