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Change "Sit & Stare" Policy

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NYSED allows school districts to design policies that allow children to read or even provide them with an alternate activity, during NYS Standardize test windows.  You can contact Carolyn Trombe in the Office of Assessment to confirm this 518-474-5902 or Steven Katz 518-474-5099.

The Child and Family Service’s Justice Center tell us that forcing an innocent child to sit in silence for an hour and a half with nothing to do for six days is a violation of child care laws.  In child care regulations for school-age children, NYS Social Services Law, section 309, part 414.9(e), it is stated that "prolonged lack of movement or motion" is considered to be corporal punishment.  Also, in part 414.9(b), it is stated that "Any discipline used must relate to the child's actions."  In a case such as “sit and stare”, the child is obeying the parents and has done absolutely nothing wrong, but yet the school district would insist on enforcing what is considered corporal punishment in child-care settings.  This does not relate to the child's actions in any way.  This would be considered bullying and intimidation against both children and parents.  You are putting your principals and teachers in a situation where they must now decide whether to disobey their superiors or disobey Social Services Law.  This does not make unions very happy, especially when it is completely and easily avoided.  Principals and teachers could all be held accountable.  Parents will likely file reports against all parties.  These Social Services regulations can be found here: http://ocfs.ny.gov/main/childcare/regs/414_SACC_regs.asp#s9

Child and Family Services also referred us to NYSED Office of Student Support Services.  Parents have been advised by NYSED to serve school districts with an Appeal by Petitioner if the school district insists on enforcing “sit and stare” policies.  

In addition, some parents that are attorneys have volunteered their services, pro-bono.  We have been advised to file DASA reports in all cases where “sit and stare” is enforced.  Under the Dignity for All Students Act (DASA), Article 2, Section 11, Part 7(a), harassment and bullying are defined as the creation of a hostile environment that would interfere with a student’s mental or emotional well-being.  Confining a student to a chair for an hour with nothing to do for six days would certainly create a hostile environment which would interfere with a child’s mental or emotional well-being.  The child has done absolutely nothing wrong and is being served with a corporal punishment.  You are putting your principals and teachers in a situation where they must now decide whether to disobey their superiors or disobey DASA regulations.  This does not make unions very happy, especially when it is easily and completely avoidable.  Principals and teachers could all be held accountable.  Parents will likely file DASA reports against all parties. These DASA regulations can be found here:http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$EDN11$$@TXEDN011+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=16202154+&TARGET=VIEW

NYSUT (NYS United Teachers) strongly condemns “Sit and Stare” policies, and they strongly support a parent’s right to “opt-out”.  NYSUT has said that they will “provide guidance and support to parents – or parent groups – unfairly singled out or harassed for advocating the right to opt out.”  See NYSUT link here: http://www.nysut.org/news/2014/february/nysut-strongly-condemns-sit-and-stare-policies  NYSUT has also sent a letter to John King.

Above created by NYSAPE.org

 

It is NOT our desire to submit DASA complaints against above petitioned parties. It is our HOPE that the BSCSD Superintendent and BSCSD President would change the "Sit & Stare" policy; respect the "well-being" of the children entrusted to their leadership and support the RIGHTS of parents in the upbringing of their children.  Please provide the students with a "safe place" and alternative program or at least to be able to read a book during the NYS Testing windows for the ELA & Math NYS Standardized tests.   

 

Also if you would like to "OPT-OUT" your child(ren) from NYS ELA/Math assessments in April 2014, here is a link with easy instructions and sample letters to provide to your child's teacher and principal.  You may submit these requests in ADVANCE of NYS testing windows.

http://www.nysape.org/refusing-the-test-resources.html

 

Please sign the petition!!!!  THANK YOU!!! 



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