-->

To the person who "edits" this forum:

It has become quite apparent by your attempt to censor my point of view (removing posts and threads, some dissappeared over the last few days and my most recent never did reappear as of this posting) and the active avoidance of my questions that the DOE and the First Lady have no intention of addressing the very important issues with the SOLs that I have raised. It also implies that these individuals would rather take part in a cover-up of the facts, an act of concealment on the people of Virginia, than open the topic to public criticism. Teachers, students, and parents are very upset over the SOLs, and such a transparent attempt at stonewalling and dancing around the issues will not make very good copy on the evening news, nor will it help the political careers of those responsible.

It now is obvious that I will have to contact additional media sources (in addition to the one that has negotiated my article), as well as the ACLU and Open Government groups. Destruction or concealment of public records in this case clearly violates the Freedom of Information Act.

As the system admin for the machine hosting the SOL discussion groups, I would like to apologize for the loss of the articles in question. We had a disk fill up over the weekend, between backups, and all, postings between Saturday April 24th and the afternoon of Monday April 26th were lost.

It was not intentional on the part of the persons maintaining the discussion groups.

--
-billy- warnold@vipnet.org
Senior Systems Administrator
Virginia Interactive

To Whom It May Concern;

There's an old saying, "Once is coincidence, twice is happenstance, but three times is enemy action." Possibly I jumped to conclusions, as the technical problem seemed localized on my posts and threads and did not effect posts made the same day but only a few hours later (and my thread that completely vanished was made after the dates you mentioned). But with the DOE refusing to address my questions, and the most popular discussion topic suddenly being moved to the bottom of the list, it does look like an attempt is being made to conceal dissent.

I just hope such "technical difficulties" will not happen again, or at least not with such convenience.

Why were parents denied the right to view the SOL test booklets yesterday afternoon? (Monday, May 17) The students had completed the tests and the booklets were being returned to Richmond this week. These booklets were not to be used again.

It seems that parents have the right to read through the tests to see what their children are being asked to know and how they are being asked to show their knowledge. Once the test is completed, parents and the community members should have the right to see the tests.

Our parents were denied the right by someone in Richmond after their requests were submitted last Friday.

Seems that this fits under the freedom of information act!

Dear Mr. Peterson:

The SOL testing program is in its second spring administration. There are a number of test items that will be re-used on tests in the future. Until we have more years of testing, we will not have enough items in our question bank to allow us to release the SOL tests in their entirety.

The Department of Education is planning to release some items from the SOL tests during the summer of 1999. Each school division will receive copies for distribution to parents in the fall. These items are similar to the sample items that were sent to school divisions for distribution to parents in the fall of 1998, which are on the Department's Web site at www.pen.k12.va.us. You might also want to talk with your child's teacher and review the SOL for the grade level as well as discuss your daughter's SOL test performance. The SOL tests are based on those standards.

I noted your reference to Virginia's Freedom of Information Act in your request. The purpose of this act is to ensure that citizens in the Commonwealth have ready access to records in the custody of public officials and free entry into meetings of public bodies where the business of the citizenry is being conducted. The statute requires that public bodies provide the requested information unless a statutory exemption applies.

The Department of Education believes that your request is in fact covered by an exemption. Specifically, '2.1-342 B. 1-58 B. 9 of the Code of Virginia exempts any test or examination used, administered, or prepared by any public body for purposes of evaluation of any student or any student's performance. It is the Department of Education's view that providing a copy of the SOL tests, at this time in our testing program, would jeopardize the integrity of the program.

We appreciate your interest in your child's education and your desire to review the tests.

If you need further assistance please call Ms. Cameron Harris, assistant superintendent for assessment and reporting, at (804) 225-2102.

Dear Mr. Harris:
Though the request to see the tests may not be exemptable under FOI, it is simply bad policy to disallow parents' viewing of the tests. We hear often from the DOE about parents' part in our children's success, but the agency continues to deny us the opportunity to see the tests upon which our children's future rests. Denial of a diploma is serious business. Parents should see what is being asked of their kids. What is the DOE afraid of? If the DOE doesn't have enough tests, they should work overtime to create them.

I'm a little confused. According to the VA FOIA, section 9:

"However, minimum competency tests administered to public school children shall be made available to the public contemporaneously with statewide release of the scores of those taking such tests, but in no event shall such tests be made available to the public later than six months after the administration of such tests. "

Doesn't this mean the SOL tests are NOT exempt from the FOIA?

With the Standards of Learning such a hot topic right now, and the majority of posts being negative, I find it strange that suddenly what was advertised as an open public forum is suddenly moderated. But the moderation criteria are not given. Is this moderation to reduce the occurance of any personal flaming, profanity, or sales pitches? Or is it just to reduce the frequency of opinions contrary to that of the First Lady? If the former, I think that's a fine idea but should be stated clearly at the beginning of the discussion forum. If the latter, I think it's an outrage. More thought needs to be put into this site before features are implemented.

To Lance Davidson:

Thank you for your input. We have moved to a moderated site because, unfortunately, several correspondents criticized specific teachers and principals by name. This is totally unacceptable. If individuals have problems with specific school personnel, they need to address these locally and privately and not attempt to vent their anger by publicly humiliating people on this (or any) web site.

We appreciate the suggestion to state why this forum is now moderated. I have forwarded some language to the webmaster, and hopefully it will be posted by the end of the week

Cheri Pierson Yecke
Deputy Secretary of Education

I have called every state and county agency I can find to try to get SOL test scores from the spring of 1999. Each time I start my phone calls I end up with my local principal who doesn't have a clue when we will see these scores." They may be 'backpacked' in the fall." Now my questions:

1) What happened to the $3.6 million that Gov Gilmore included in our budget to allow students to take tests later in the year and still get scores back by the end of the year??? The state of Virginia is DEMANDING that students, schools and parents be accoutable. Maybe it is time for the state to be accountable for all the money they throw away each year.

2) Since this is supposed to be such an important "informational tool" for us, when are we supposed to use it? My daughter is an LD student who just completed the third grade. By the time we start fourth grade I won't have time to go back over third grade stuff with her. I am sure we will start in Sept CRAMMING for the fifth grade test.

3) Am I the only person who has considered how much we are paying for this "great educational tool"??? And here I am talking about simply money-- not the number of students who are throwing up daily during test week. Would this money be better spent in the classroom instead of giving Harcourt-Brace a reason to sell us a bunch of new text books?

Ruth Baxter

To Ms. Baxter:

Thank you for expressing your concerns. While it is true that the School Performance Report Cards (which contain a summary of testing information) won't be going home until the fall, individual student scores have been available for some time.

I have forwarded your comments to the assessment experts at the Department of Education so that they can address all of your concerns. Their answers will be posted next week.

Cheri Pierson Yecke
Deputy Secretary of Education

Dear Mr. Cranston:

The purpose of the Freedom of Information is to ensure that citizens in the Commonwealth have ready access to records in the custody of public officials and free entry into meetings of public bodies where the business of the citizenry is being conducted. The statute requires that a public body provide the requested record unless a statutory exemption applies. You have raised questions about a provision in the test or examination exemption. Specifically, the Code of Virginia at §2.1-342 B. 9 exempts:

Any test or examination used, administered or prepared by any public body for purposes of evaluation of (i) any student or any student's performance, (ii) any employee or employment seeker's qualifications or aptitude for employment, retention, or promotion, or (iii) qualifications for any license or certificate issued by any public body.

As used in this subdivision 9, "test or examination" shall include (i) any scoring key for any such test or examination and (ii) any other document which would jeopardize the security of such test or examination. Nothing contained in this subdivision 9 shall prohibit the release of test scores or results as provided by law, or limit access to individual records as is provided by law. However, the subject of such employment tests shall be entitled to review and inspect all documents relative to his performance on such employment tests.

When, in the reasonable opinion of such public body, any such test or examination no longer has any potential for future use, and the security of future tests or examinations will not be jeopardized, such test or examination shall be made available to the public. However, minimum competency tests administered to public school children shall be made available to the public contemporaneously with statewide release of the scores of those taking such tests, but in no event shall such tests be made available to the public later than six months after the administration of such tests.

You are inquiring about the provision that addresses minimum competency tests and the impact of that language on the release of the Standards of Learning tests. Our research indicates that the minimum competency tests referenced in this section is in fact a reference to the minimum competency test program that was administered by the state from 1981 through 1988. It appears that at the time this language was added to the law, the legislature had received written assurance that requiring the release of forms used for this test program contemporaneously with the administration of the test would not jeopardize the security of future tests.

That is not the case for our Standards of Learning test program. At this time, our program is fairly new. Consequently, we must use approximately thirty percent (30%) of the questions in the next administration of the test. We believe that release would then jeopardize the security of future test administrations. Therefore, it is the view of the Department of Education that requests for the release of the Standards of Learning tests is in fact covered by the test or examination exemption, found at 2.1-342 B. 9 of the Code of Virginia. We are hopeful, however, that in a few years we will be in a position to permit the contemporaneous release of test forms.

Cam Harris, Assistant Superintendent
Assessment and Report
(804) 225-2102

Dear Ms. Shotwell:

The purpose of the Freedom of Information is to ensure that citizens in the Commonwealth have ready access to records in the custody of public officials and free entry into meetings of public bodies where the business of the citizenry is being conducted. The statute requires that a public body provide the requested record unless a statutory exemption applies. You have raised questions about a provision in the test or examination exemption. Specifically, the Code of Virginia at §2.1-342 B. 9 exempts:

Any test or examination used, administered or prepared by any public body for purposes of evaluation of (i) any student or any student's performance, (ii) any employee or employment seeker's qualifications or aptitude for employment, retention, or promotion, or (iii) qualifications for any license or certificate issued by any public body.

As used in this subdivision 9, "test or examination" shall include (i) any scoring key for any such test or examination and (ii) any other document which would jeopardize the security of such test or examination. Nothing contained in this subdivision 9 shall prohibit the release of test scores or results as provided by law, or limit access to individual records as is provided by law. However, the subject of such employment tests shall be entitled to review and inspect all documents relative to his performance on such employment tests.

When, in the reasonable opinion of such public body, any such test or examination no longer has any potential for future use, and the security of future tests or examinations will not be jeopardized, such test or examination shall be made available to the public. However, minimum competency tests administered to public school children shall be made available to the public contemporaneously with statewide release of the scores of those taking such tests, but in no event shall such tests be made available to the public later than six months after the administration of such tests.

You are inquiring about the provision that addresses minimum competency tests and the impact of that language on the release of the Standards of Learning tests. Our research indicates that the minimum competency tests referenced in this section is in fact a reference to the minimum competency test program that was administered by the state from 1981 through 1988. It appears that at the time this language was added to the law, the legislature had received written assurance that requiring the release of forms used for this test program contemporaneously with the administration of the test would not jeopardize the security of future tests.

That is not the case for our Standards of Learning test program. At this time, our program is fairly new. Consequently, we must use approximately thirty percent (30%) of the questions in the next administration of the test. We believe that release would then jeopardize the security of future test administrations. Therefore, it is the view of the Department of Education that requests for the release of the Standards of Learning tests is in fact covered by the test or examination exemption, found at 2.1-342 B. 9 of the Code of Virginia. We are hopeful, however, that in a few years we will be in a position to permit the contemporaneous release of test forms.

Cam Harris, Assistant Superintendent
Assessment and Report
(804) 225-2102

MS Yecke,

While I appreciate the time to address part of my question, I still don't have an answer as to when my daughter's test scores will be sent to me. I have called your office (back in June) and the only answer I got was a frantic call from my principal wanting to know exactly what I want. I said then and I say now, the test does me no good if I don't know how my daughter did until we are deep into 4th grade. It is now August and I still have no scores from the test taking this past year. If the individual scores are available I would like to know where I can find them.

Ruth Baxter

Ms. Baxter:

There is absolutely NO excuse for parents to still be waiting for their child’s SOL test scores. These have been in the hands of principals since June.

Please email me personally (off line) and give me the name of your school and school division. I guarantee you there will be swift follow-up.

Cheri Pierson Yecke
Deputy Secretary of Education