Delaware's testing opt-out bill ignites firestorm

The simmering debate over standardized testing in Delaware exploded Wednesday in a charged hearing that saw lawmakers and parent advocates shouting over each other.

At issue was a bill to allow parents to pull their children out of the statewide Smarter Balanced Assessment, a tough new test students took for the first time this year.

Some Delaware parents have already pulled their kids out of the test, but the bill, sponsored by firebrand Rep. John Kowalko, would make it an explicit right in the law.

"Does the Department of Education know my child better than me?" asked Tara Greathouse, a mom who ran unsuccessfully for a seat on the Appoquinimink school board earlier this year.

Kevin Ohlandt, a Dover parent who has fervently supported the opt-out movement, gripped the conference table and his voice got progressively louder as he spoke.

"I don't care what you say, what any law says, I will always opt my child out of this test," Ohlandt said. "Make the madness stop."

Parent and teacher advocates say the bill is necessary because Smarter Balanced robs kids of valuable class time and places them under tremendous stress without giving parents and teachers any useful information.

But Gov. Jack Markell and his Department of Education say opt-outs could cripple the state's ability to measure how students are doing academically, which would make it all but impossible to make smart policy.

Despite those objections, the bill has so far breezed through the Legislature, passing the House by a vote of 36-3.

Acknowledging the outcry over testing, state leaders have directed the Department of Education to work with local districts to create an inventory of tests and possibly eliminate those that are redundant or ineffective.

Senate Education Committee Chair David Sokola proposed a resolution that would require the department to publicly report the results of those efforts and to bring lawmakers and members of the public into the process of deciding what tests might be eliminated.

Though he has concerns about Smarter Balanced, Sokola argued a broader look at testing was a better idea than simply allowing parents to skip out on that one exam.

"My concern [about the opt-out bill] is that it's focused on this one test," Sokola said. "This is exactly the kind of assessment kids are taking in high-level, high-performing countries around the world."

Groups that supported the bill said this testing inventory was no replacement for opting out.

"In all the time I've been in PTA, I've never had so much reaction, so much participation. I have never spent this much time on an issue. This is what parents want," said Yvonne Johnson, vice president of advocacy for the Delaware PTA. "What we're afraid of with the resolution is that we're not going to address the real issue, which is that Smarter Balanced is not the answer for our children."

Several parents spoke passionately in support of the opt-out bill, and a few clashed directly with Sokola.

Greathouse said Sokola and Department of Education staffers ignored her emails supporting the bill. Sokola said he never received such an email, and the two began repeatedly interrupting each other.

"This is the second time I've been in this building, and I've never been treated like this," Greathouse said as she sat down.

Sokola shot back: "Well, then run for public office and show us how it should be done."

Sokola and Ohlandt, the Dover parent, briefly battled when the senator asked him to bring an end to his remarks.

Several education and business leaders spoke against opt-out, saying the testing inventory was a better option.

"Virtually every civil rights group in the country has come together to oppose opt out," said Paul Herdman, chief executive officer of the Rodel Foundation, a nonprofit Delaware education think-tank. "They've been working for a long time to make sure their kids are counted. There have been dark days when disadvantaged students were encouraged to opt-out, and they don't want to return to those days."

Herdman said the state could lose money from the federal government if too many students don't take the test. He also said business leaders, which Rodel tries to get engaged in education issues, could lose trust in the system if the test crumbles.

"Test data ensures that students and parents have an update on how their students are doing," said James DeChene, a lobbyist for the Delaware Chamber of Commerce, which opposes the bill. "It also gives us a clear idea of how well our tax dollars are being spent."

Several people who spoke at the committee meeting lamented that the debate has become so intense and, at times, personal.

"It's extremely disheartening to see people who are so passionate about improving education for our children warring in this way," said Sen. Bryan Townsend, who supports the opt-out bill.

The bill was circulated for signatures and on Thursday it passed the committee.

The next step is a vote in the full Senate. Should it pass there, the bill would go to Markell.

If Markell chooses to veto the legislation, it would mark the first time he has rejected an education bill.

This article has been updated to correct Kevin Ohlandt's quote and add that the measure passed the committee.

Contact Matthew Albright at malbright@delawareonline.com, (302) 324-2428 or on Twitter @TNJ_malbright.