Here is an open letter which I sent last night to Edie Harding, Executive Director of the State Board of Education. Under the letter I have paraphrased her reply; below that is my response to her.
I am responding to your comment today in the Seattle Times:
' “It's long been established that in our state, the local board is always the prime decision-maker on curriculum.” ....the Seattle decision was "a surprise, and if I were the Seattle School Board, I would — well, I might take issue with the judge," she added.'
Having been one of the plaintiffs in the recent textbook appeal in Seattle, I'm well aware that School Boards make curriculum decisions. However, Ms. Harding, what recourse do you suggest to parents when School Boards abdicate their decision making power – refusing to consider voluminous, compelling, evidence from parents and community members, and instead give school administrators carte blanch to turn math education in directions that are unacceptable to informed parents and community members?
After careful consideration, Judge Spector ruled that “there is insufficient evidence for any reasonable Board member to approve the selection of the Discovering series.” In this situation, the School Board had allowed school administrators to hijack our children's math education.
We parents and community members have a compact with schools – we trust the schools to educate our children to prepare them for entry into the economic and cultural life of society. When schools violate our compact with decisions such as this textbook vote, ignoring an outpouring of relevant evidence against the administration's chosen text, please tell me, what else can we do but file a lawsuit?
Martha McLaren
Ms. Harding graciously responded to my email within the day. She suggests that parents may hold school board members accountable by voting for or against them at election time.
Here is my response (I've corrected some awkward language from my original here):
Thank you for getting back to me. Unfortunately, in our experience here in
Seattle, holding board members accountable by voting them out of office
has been completely ineffective -- board members move on and never
actually give any accounting for the damage they might have wrought.
Martha
Monday, February 15, 2010
Thursday, February 11, 2010
Link to hearing transcript now available
Those interested in reading the 35-odd page transcript of the January 26 hearing in Judge Spector's courtroom can find a link to it in the "Legal documents in textbook appeal" section of this blog. We will post a synopsis as soon as possible.
Monday, February 8, 2010
Contact the SPS board and administrators, asks Where's the Math
King County Superior Court REJECTS Seattle's High School Math Adoption
Where's the Math - News Brief and Action Alert
February 7, 2010. For Immediate Release
On February 4th, King County Superior Court Judge Julie Spector ruled that last year's Seattle School board decision to adopt the Discovering high school textbook series was arbitrary and capricious. Judge Spector's ruling was heard and hailed across the country by private citizens and math education advocacy groups.
This unprecedented finding shows school boards and district administration that they need to consider evidence when making decisions. The voice of the community has been upheld by law, but the Seattle School district indicated they plan to appeal, demonstrating the typical arrogant, wasteful practices which necessitated the lawsuit in the first place.
Concerned individuals in Seattle and across the country need to speak up now, and let Seattle administration know that it's time to move forward and refocus on the students, rather than defend a past mistake.
The ruling states:
"The court finds, based upon a review of the entire administrative record, that there is insufficient evidence for any reasonable Board member to approve the selection of the Discovering Series."
"The Board's selection of the Discovery Series was arbitrary [and] capricious."
This ruling does not mean that the courts are dictating textbooks. The legal definition of "arbitrary and capricious" implies an ".absence of a rational connection between the facts found and the choice made. There should be a clear error of judgment; an action not based upon consideration of relevant factors" (http://definitions.uslegal.com).
Seattle School District states in a memo to staff:
"This is a very surprising ruling and Seattle Public Schools is now evaluating the decision and our next steps. In addition to any action the School Board may take, the district expects to appeal this decision."
"We want students, teachers and families to be assured that the judge did not order the district to stop using these materials; she simply found that the school board had insufficient information and sent the decision back for further evaluation. This means that we will continue to use the instructional materials."
Already, district administration is downplaying the court's decision. The memo to staff implies this is no big deal, that the district will appeal, and that once the school board gets a little bit more information, everything will be fine.
Make it stop. Now is the time. Share your stories and concerns with Seattle district leaders. After more than a decade of promoting reform math textbooks and increasing the achievement gap, Judge Spector has provided an opportunity to reset the helm to the correct course. Please write and encourage the Board and Superintendent to:
-Not appeal this decision. Save the money for new textbooks that aren't "mathematically unsound"
-As ordered by Judge Spector, review the process and re-vote on the high school instructional materials adoption, considering all the relevant evidence.
-Model good citizenship and take prompt action on this matter
An appeal is expensive, and further erodes the district's credibility and public trust. The judge ordered the Board to take another hard look, which is far cheaper, easier, and more politically sound than having lawyers argue over an appeal.
For more information, see:
Full text of ruling: http://www.seattlepi.com/dayart/PDF/mathtextruling_20100204.pdf
YOUR financial support is needed. To donate: http://seattlemathgroup.blogspot.com/
Video news brief: http://www.komonews.com/news/local/83587497.html?tab=video
http://seattletimes.nwsource.com/html/editorials/2010995832_edit08mathbooks.html
http://www.seattlepi.com/local/415049_math04.html
Your letters make a difference. The legal record that formed the original basis for this case included critical comments and evidence from the public. Contact information for district staff and school board directors is provided below.
Maria Goodloe-Johnson, Superintendent maria.goodloe-johnson@seattleschools.org
Susan Enfield, Chief Academic Officer saenfield@seattleschools.org
Anna Maria de la Fuente, Math Program Manager ahdelafuente@seattleschools.org
Cathy Thompson, Director of Curriculum and Instruction. cthompson@seattleschools.org
Seattle School Board Directors
District I - Peter Maier peter.maier@seattleschools.org
District II - Sherry Carr sherry.carr@seattleschools.org
District III - Harium Martin-Morris harium.martin-morris@seattleschools.org
District IV - Michael DeBell michael.debell@seattleschools.org
District V - Kay Smith-Blum kay.smith-blum@seattleschools.org
District VI - Steve Sundquist steve.sundquist@seattleschools.org
District VII - Betty Patu betty.patu@seattleschools.org
Where's the Math - News Brief and Action Alert
February 7, 2010. For Immediate Release
On February 4th, King County Superior Court Judge Julie Spector ruled that last year's Seattle School board decision to adopt the Discovering high school textbook series was arbitrary and capricious. Judge Spector's ruling was heard and hailed across the country by private citizens and math education advocacy groups.
This unprecedented finding shows school boards and district administration that they need to consider evidence when making decisions. The voice of the community has been upheld by law, but the Seattle School district indicated they plan to appeal, demonstrating the typical arrogant, wasteful practices which necessitated the lawsuit in the first place.
Concerned individuals in Seattle and across the country need to speak up now, and let Seattle administration know that it's time to move forward and refocus on the students, rather than defend a past mistake.
The ruling states:
"The court finds, based upon a review of the entire administrative record, that there is insufficient evidence for any reasonable Board member to approve the selection of the Discovering Series."
"The Board's selection of the Discovery Series was arbitrary [and] capricious."
This ruling does not mean that the courts are dictating textbooks. The legal definition of "arbitrary and capricious" implies an ".absence of a rational connection between the facts found and the choice made. There should be a clear error of judgment; an action not based upon consideration of relevant factors" (http://definitions.uslegal.com).
Seattle School District states in a memo to staff:
"This is a very surprising ruling and Seattle Public Schools is now evaluating the decision and our next steps. In addition to any action the School Board may take, the district expects to appeal this decision."
"We want students, teachers and families to be assured that the judge did not order the district to stop using these materials; she simply found that the school board had insufficient information and sent the decision back for further evaluation. This means that we will continue to use the instructional materials."
Already, district administration is downplaying the court's decision. The memo to staff implies this is no big deal, that the district will appeal, and that once the school board gets a little bit more information, everything will be fine.
Make it stop. Now is the time. Share your stories and concerns with Seattle district leaders. After more than a decade of promoting reform math textbooks and increasing the achievement gap, Judge Spector has provided an opportunity to reset the helm to the correct course. Please write and encourage the Board and Superintendent to:
-Not appeal this decision. Save the money for new textbooks that aren't "mathematically unsound"
-As ordered by Judge Spector, review the process and re-vote on the high school instructional materials adoption, considering all the relevant evidence.
-Model good citizenship and take prompt action on this matter
An appeal is expensive, and further erodes the district's credibility and public trust. The judge ordered the Board to take another hard look, which is far cheaper, easier, and more politically sound than having lawyers argue over an appeal.
For more information, see:
Full text of ruling: http://www.seattlepi.com/dayart/PDF/mathtextruling_20100204.pdf
YOUR financial support is needed. To donate: http://seattlemathgroup.blogspot.com/
Video news brief: http://www.komonews.com/news/local/83587497.html?tab=video
http://seattletimes.nwsource.com/html/editorials/2010995832_edit08mathbooks.html
http://www.seattlepi.com/local/415049_math04.html
Your letters make a difference. The legal record that formed the original basis for this case included critical comments and evidence from the public. Contact information for district staff and school board directors is provided below.
Maria Goodloe-Johnson, Superintendent maria.goodloe-johnson@seattleschools.org
Susan Enfield, Chief Academic Officer saenfield@seattleschools.org
Anna Maria de la Fuente, Math Program Manager ahdelafuente@seattleschools.org
Cathy Thompson, Director of Curriculum and Instruction. cthompson@seattleschools.org
Seattle School Board Directors
District I - Peter Maier peter.maier@seattleschools.org
District II - Sherry Carr sherry.carr@seattleschools.org
District III - Harium Martin-Morris harium.martin-morris@seattleschools.org
District IV - Michael DeBell michael.debell@seattleschools.org
District V - Kay Smith-Blum kay.smith-blum@seattleschools.org
District VI - Steve Sundquist steve.sundquist@seattleschools.org
District VII - Betty Patu betty.patu@seattleschools.org
Saturday, February 6, 2010
Laurie Rogers on the Lawsuit Victory
Friday, February 5, 2010
Decision favors plaintiffs in court challenge of Seattle math text adoption
Statement from Laurie Rogers:
Last year, Seattle Public Schools adopted the Discovering math series despite valiant opposition from parents and math professionals, despite poor assessments of the Discovering series' rigor and quality of presentation, and despite the fact that OSPI did NOT ultimately recommend the Discovering math series.
In response, three people filed a lawsuit, saying that Seattle didn't have sufficient supporting evidence for its adoption, and also that the Discovering series was associated with an INCREASE in achievement gaps.
Recently, a judge agreed with the plaintiffs and - while stopping short of telling Seattle administrators to cease and desist in their adoption - told them to revisit it. The district can continue to use the Discovering series, and Seattle administrators have stated their clear intention to do so.
Nevertheless, the court decision is momentous. It sets a precedent for districts across the country. When board members can't justify their adoption decisions, the people now have legal recourse.
What sheer arrogance and hubris Seattle administrators must have to persist in pursuing reform/discovery math instruction -- despite the statistics, despite the resistance, despite the remediation rates, dropout rates, achievement gaps, lack of skills, opposition from math professionals, concerns from parents, and low pass rates on standardized tests. Even with a court decision that basically says the school board's adoption of the Discovering series was rooted in ignorance ... Seattle administrators STILL persist.
Please express appreciation to Martha McLaren and her fellow plaintiffs for their courage and dedication. If you would like to assist Martha in her substantial court costs, please let me know and I can pass on your message.
Meanwhile, a toast to you, Martha. Other advocates will follow in your footsteps
Decision favors plaintiffs in court challenge of Seattle math text adoption
Statement from Laurie Rogers:
Last year, Seattle Public Schools adopted the Discovering math series despite valiant opposition from parents and math professionals, despite poor assessments of the Discovering series' rigor and quality of presentation, and despite the fact that OSPI did NOT ultimately recommend the Discovering math series.
In response, three people filed a lawsuit, saying that Seattle didn't have sufficient supporting evidence for its adoption, and also that the Discovering series was associated with an INCREASE in achievement gaps.
Recently, a judge agreed with the plaintiffs and - while stopping short of telling Seattle administrators to cease and desist in their adoption - told them to revisit it. The district can continue to use the Discovering series, and Seattle administrators have stated their clear intention to do so.
Nevertheless, the court decision is momentous. It sets a precedent for districts across the country. When board members can't justify their adoption decisions, the people now have legal recourse.
What sheer arrogance and hubris Seattle administrators must have to persist in pursuing reform/discovery math instruction -- despite the statistics, despite the resistance, despite the remediation rates, dropout rates, achievement gaps, lack of skills, opposition from math professionals, concerns from parents, and low pass rates on standardized tests. Even with a court decision that basically says the school board's adoption of the Discovering series was rooted in ignorance ... Seattle administrators STILL persist.
Please express appreciation to Martha McLaren and her fellow plaintiffs for their courage and dedication. If you would like to assist Martha in her substantial court costs, please let me know and I can pass on your message.
Meanwhile, a toast to you, Martha. Other advocates will follow in your footsteps
Friday, February 5, 2010
Looking at the decision
FOR IMMEDIATE RELEASE
Contact: Martha McLaren
mmcl@pugetridge.net
206 762 2350
Decision Favors Plaintiffs in Court Challenge of Seattle High School Math Text Adoption
Seattle, Washington – February 4, 2010 – Judge Julie Spector today announced her finding of “arbitrary and capricious” in the Seattle School Board's May 6 vote to adopt the Discovering Math series of high school texts despite insufficient evidence of the series' effectiveness.
Judge Spector's decision states, “The court finds, based upon a review of the entire administrative record, that there is insufficient evidence for any reasonable Board member to approve the selection of the Discovering series.”
Plaintiffs DaZanne Porter, an African American and mother of a 9th-grade student in Seattle Public Schools, Martha McLaren, retired Seattle math teacher and grandparent of a Seattle Public Schools fifth grader, and Cliff Mass, professor of atmospheric science at the University of Washington, had filed their appeal of the Board's controversial decision on June 5th, 2009. The hearing was held on Tuesday, January 26th, 2010.
Declared plaintiff Martha McLaren, “This is a sweet victory for the parents and students of Seattle Public Schools. It announces to Seattle that in this instance, the School District's practice of ignoring evidence, in favor of preconceived decisions, is arbitrary and capricious, and contrary to law. The judge's finding may, hopefully, be a step towards improving high school math education through replacing confusing textbooks with coherent ones. However, students at all levels, not just in high school, badly need clear, understandable materials. In addition, it is essential that teachers, especially elementary teachers, understand fundamental math much more deeply than is now the norm. There is much work to be done to bring improvement; this decision is an encouraging development.
We are hopeful that the District will move forward responsibly, putting the students first, and will decline to appeal Judge Spector's decision. If the Board revisits its vote, as ordered by the court, and this time refuses to adopt Discovering, it seems possible that the textbook rated 2nd by the adoption committee, a series by Prentice Hall publishers which is well-regarded by critics of reform texts, might instead be recommended by Superintendent Goodloe-Johnson. The Seattle Public Schools could then begin undoing the long-term decline in math education that has been extended by this disastrous mistake.”
According to the plaintiffs' initial brief, Seattle Public Schools began eliminating "traditional" math texts in the 1990s, moving toward an approach called "reform," "discovery learning," or "constructivism," among other names. Reform texts rely heavily on written language, presenting complicated, “real-life” problems. Memorization and skills practice is de-emphasized, and calculator work is encouraged from kindergarten on. Students generally work in small groups to devise their own approaches and solutions. With traditional "explicit" texts, however, students are given the opportunity to master key topics through examples, practice and extensive teacher feedback.
The initial brief had stated that the district committee chosen to review mathematics textbooks was biased toward reform, and that the textbook criteria were similarly biased, so that the resulting recommendation would be a reform textbook. The plaintiffs also asserted that the board voted to adopt the Discovering textbook series in contradiction of information presented from community members prior to the vote.
Citizens testifying to the board prior to the May 6 vote emphasized that the Discovering textbook series had been rated “unsound” in a review conducted by the Washington State Board of Education, and that the Office of Superintendent of Public Instruction had passed over the Discovering program, instead recommending Holt Mathematics, a balanced textbook series featuring increased explicit instruction.
In Seattle, the movement toward reform texts has culminated in the adoption of the Everyday Math K-5 texts in 2007, Connected Mathematics Project (CMP2) texts for grades 6 – 8 in 2006, and the Discovering texts for high school in 2009 .
Attorney Keith Scully of Gendler and Mann, LLP, represented the plaintiffs in the lawsuit. Even before the decision was announced, the plaintiffs voiced their unanimous admiration for his presentation of the appeal; his handling of the case was clearly crucial to the success of the project.
##
Contact: Martha McLaren
mmcl@pugetridge.net
206 762 2350
Decision Favors Plaintiffs in Court Challenge of Seattle High School Math Text Adoption
Seattle, Washington – February 4, 2010 – Judge Julie Spector today announced her finding of “arbitrary and capricious” in the Seattle School Board's May 6 vote to adopt the Discovering Math series of high school texts despite insufficient evidence of the series' effectiveness.
Judge Spector's decision states, “The court finds, based upon a review of the entire administrative record, that there is insufficient evidence for any reasonable Board member to approve the selection of the Discovering series.”
Plaintiffs DaZanne Porter, an African American and mother of a 9th-grade student in Seattle Public Schools, Martha McLaren, retired Seattle math teacher and grandparent of a Seattle Public Schools fifth grader, and Cliff Mass, professor of atmospheric science at the University of Washington, had filed their appeal of the Board's controversial decision on June 5th, 2009. The hearing was held on Tuesday, January 26th, 2010.
Declared plaintiff Martha McLaren, “This is a sweet victory for the parents and students of Seattle Public Schools. It announces to Seattle that in this instance, the School District's practice of ignoring evidence, in favor of preconceived decisions, is arbitrary and capricious, and contrary to law. The judge's finding may, hopefully, be a step towards improving high school math education through replacing confusing textbooks with coherent ones. However, students at all levels, not just in high school, badly need clear, understandable materials. In addition, it is essential that teachers, especially elementary teachers, understand fundamental math much more deeply than is now the norm. There is much work to be done to bring improvement; this decision is an encouraging development.
We are hopeful that the District will move forward responsibly, putting the students first, and will decline to appeal Judge Spector's decision. If the Board revisits its vote, as ordered by the court, and this time refuses to adopt Discovering, it seems possible that the textbook rated 2nd by the adoption committee, a series by Prentice Hall publishers which is well-regarded by critics of reform texts, might instead be recommended by Superintendent Goodloe-Johnson. The Seattle Public Schools could then begin undoing the long-term decline in math education that has been extended by this disastrous mistake.”
According to the plaintiffs' initial brief, Seattle Public Schools began eliminating "traditional" math texts in the 1990s, moving toward an approach called "reform," "discovery learning," or "constructivism," among other names. Reform texts rely heavily on written language, presenting complicated, “real-life” problems. Memorization and skills practice is de-emphasized, and calculator work is encouraged from kindergarten on. Students generally work in small groups to devise their own approaches and solutions. With traditional "explicit" texts, however, students are given the opportunity to master key topics through examples, practice and extensive teacher feedback.
The initial brief had stated that the district committee chosen to review mathematics textbooks was biased toward reform, and that the textbook criteria were similarly biased, so that the resulting recommendation would be a reform textbook. The plaintiffs also asserted that the board voted to adopt the Discovering textbook series in contradiction of information presented from community members prior to the vote.
Citizens testifying to the board prior to the May 6 vote emphasized that the Discovering textbook series had been rated “unsound” in a review conducted by the Washington State Board of Education, and that the Office of Superintendent of Public Instruction had passed over the Discovering program, instead recommending Holt Mathematics, a balanced textbook series featuring increased explicit instruction.
In Seattle, the movement toward reform texts has culminated in the adoption of the Everyday Math K-5 texts in 2007, Connected Mathematics Project (CMP2) texts for grades 6 – 8 in 2006, and the Discovering texts for high school in 2009 .
Attorney Keith Scully of Gendler and Mann, LLP, represented the plaintiffs in the lawsuit. Even before the decision was announced, the plaintiffs voiced their unanimous admiration for his presentation of the appeal; his handling of the case was clearly crucial to the success of the project.
##
Thursday, February 4, 2010
A DECISION IN OUR FAVOR!
I just received this email from our attorney:
Court’s decision, reversing the School District on grounds that the decision was arbitrary and capricious. .......
Congratulations!
Keith Scully
Attorney at Law
Gendler & Mann, LLP
To see a pdf. of the decision, click on the link for Legal Documents, DECISION 2/4/10
Court’s decision, reversing the School District on grounds that the decision was arbitrary and capricious. .......
Congratulations!
Keith Scully
Attorney at Law
Gendler & Mann, LLP
To see a pdf. of the decision, click on the link for Legal Documents, DECISION 2/4/10
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