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Prosecutors Get an 'A' On Convictions of Atlanta Ed-Reform-Gone-Bad Test Cheats

theodp writes Just weeks after an L.A. Times op-ed called on public schools to emulate high-tech companies by paying high salaries to driven, talented employees whose productivity more than compensates for their high pay, the New York Times reported on the dramatic conclusion to perhaps the largest cheating scandal in the nation's history, which saw a Judge order handcuffed Atlanta educators led off to jail immediately for their roles in a standardized test cheating scandal that raised broader questions about the role of high-stakes testing in American schools. Jurors convicted 11 of the 12 defendants — a mix of Atlanta public school teachers, testing coordinators and administrators — of racketeering, a felony that carries up to 20 years in prison. The Atlanta Journal-Constitution sowed suspicion about the veracity of the test scores in 2009, and while investigators found that cheating was particularly ingrained in individual schools, they also said that the district's top officials, including Superintendent Beverly L. Hall, bore some responsibility for creating "a culture of fear, intimidation and retaliation" that had permitted "cheating — at all levels — to go unchecked for years." (More below.) Officials said the cheating allowed employees to collect bonuses and helped improve the reputations of both Dr. Hall and the perpetually troubled school district. Dr. Hall, who died on March 2, insisted that she had done nothing wrong and that her approach to education, which emphasized data, was not to blame. But a Fulton County grand jury later accused her and 34 other district employees of being complicit in the cheating. Twenty-one reached plea agreements, and two defendants died before they could stand trial. Interestingly, in early 2010, the Atlanta Business Chronicle reported on how Hall and the Bill & Melinda Gates Foundation were bringing a "fair and transparent evaluation and support mechanism" to the Atlanta Public Schools. "We are excited to continue our [$23.6 million] partnership with APS and Dr. Hall," said Gates Foundation director of education Vicki L. Phillips. Five years earlier, in a 2005 Gates Foundation press release, Hall said, "We look forward to partnering with the Bill & Melinda Gates Foundation to take our reform efforts to the next level."

38 of 201 comments (clear)

  1. Wrong profession by labnet · · Score: 4, Insightful

    Well, they obviously chose the wrong profession. Had they been Wall Street hedge fund bankers, they would have got an invite to the next country estate deer hunt.

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    1. Re:Wrong profession by nedlohs · · Score: 2

      They clearly aren't smart enough, for the low bar that is wall street.

      1. They are teachers.
      2. They got caught cheating in tests in the US.
      3. They didn't take a deal but instead went to trial and got convicted.

    2. Re:Wrong profession by Anonymous Coward · · Score: 4, Interesting

      Well, they obviously chose the wrong profession. Had they been Wall Street hedge fund bankers, they would have got an invite to the next country estate deer hunt.

      I saw (read?) a documentary on the scandal over a year ago. It focused on one guy and to boil it down he wasn't cheating for himself, what he got out of it was minimal - he was still putting in (in the form of school supplies that he purchased, etc) way more than he got out. He ended up cheating because it was so prevalent that his own students would be unfairly penalized if he didn't inflate their scores. They were at a bottom of the barrel school and yet they were learning, they were rising above their circumstances. But their legitimate scores would have still put them on the bottom compared to all the other fake scores. He saw cheating on the tests (changing their answers sheets to have more correct answers after the fact) as the only way to do right by his students.

      It kind of reminded me of reading about corruption in China. In some government departmets corruption is so prevalent that the honest people are not trusted. That if you didn't take bribes everyone else in the office treated you with suspicion, that because you weren't as vulnerable as them to possible criminal charges they thought you might rat them out. You basically couldn't get your job done because no one wanted to have anything to do with you.

      Its kind of like there is a "tipping point" for corruption in a system where once it reaches that point you simply have no hope of survival unless you join in, which ultimately makes anti-corruption drives extremely difficult because even the "good guys" are corrupt. You pretty much have to clean house and start over from scratch.

    3. Re:Wrong profession by kenh · · Score: 2

      He cheated to "help" his students?

      They didn't know the answers, they deserved the low scores their "teacher" protected them from.

      By inflating their grades, the students were denied the education they deserved, many of which were special needs students.

      I don't care about how many pencils he bought out of his own pocket, that doesn't change the fact that his students did poorly on the tests and he choose to change their answers, not teach them what they were supposed to be taught.

      This corruption went all the way up to the district superintencent, who avoided prosecution only by dropping dead before the trial.

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      Ken
    4. Re:Wrong profession by MillionthMonkey · · Score: 4, Insightful

      By inflating their grades, the students were denied the education they deserved, many of which were special needs students.

      This would have been true 15 years ago, before we decided to go test crazy in an effort to identify and defund the schools that are wasting taxpayer money simply by being below average. That created a perverse incentive. Nowadays, when they don't help the kids unwittingly cheat, teachers will get laid off or not replaced, funds get diverted to charter schools, and class sizes eventually balloon to more kids than can fit in the room. The fact that we're now charging teachers with "racketeering" for merely trying to keep the schools funded (which wasn't a concern when I was growing up) shows how drastically we've destroyed the country's 170-year-old public education system in just a few years.

    5. Re:Wrong profession by Anonymous Coward · · Score: 3, Insightful

      > By inflating their grades,

      It was not grade inflation. It was standardized test score inflation. Poor test scores wouldn't stop them from graduating, but poor test scores would cause an underfunded school to receive even less resources. Test scores were used to punish "bad schools" by making them worse schools rather than as a diagnostic to find schools in need of help.

    6. Re:Wrong profession by Jason+Levine · · Score: 3, Interesting

      If I had mod points (and hadn't already commented), I'd mod you up. Not sure where you're from, but here in New York State, we've just codified this in the latest budget. Teachers will be evaluated every year and 50% will come from high stakes tests. If the students don't not only pass the tests, but improve by an amount that's decided after the tests, the teacher gets rated ineffective. 2 ineffective ratings in a row and the teachers could be fired in 90 days. 3 in a row and the teachers MUST be fired within 30 days. If a school gets enough low ratings, they are placed in receivership with one of the options being they are taken over by a charter school.

      It's an insane system and we're very angry with our legislators who passed it by saying that it's horrible legislation but they were approving it "with a heavy heart" in order to get the budget passed on time. Way to sell out the kids/teachers/schools in order to keep the on-time-budget streak going!

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    7. Re:Wrong profession by Jason+Levine · · Score: 3, Interesting

      The problem is that the tests a) are being developed by Pearson and other companies with a financial stake in having students fail (so they can sell "solutions"), b) aren't audited by any third party to ensure they are developmentally appropriate (if you test first graders with multiplication, they WILL fail), and c) have their "pass" threshold set AFTER the fact by politicians with an agenda to push. On that last one, before the last round of testing, we were warned that 70% of kids might fail. After the results came in, it turned out that exactly that number failed. They set the pass-fail line after the scores came in to get the result they wanted.

      So a teacher could teach their kids, have the kids improve from an average of 75% to 80% on the tests, but wind up being marked "ineffective" because the politicians decided (after the tests were given and the results were in) that they needed 10 percentage point improvement, not 5.

      I'm not against tests in general, but the way these are administered isn't just ripe for abuse, it's DESIGNED to abuse teachers.

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  2. Well they wanted the results by Billly+Gates · · Score: 4, Insightful

    They got em.

    Private sector too whenever the sole and only focus is on metrics. Like how Pepsi loaded all their inventory on a truck moved it 1 foot then did an inventory count each quarter is a classic example.

    People will find a way a number is met

    1. Re:Well they wanted the results by bangular · · Score: 3, Insightful

      Statistics and economics. It's always statistics and economics.

      The vast majority of decisions and funding in this country come from statistics. Unfortunately, the powers that be rarely have that background and don't understand that most statistics act as a proxy for the underlying issue they are trying to affect. We want "smarter" kids, so we give them a test which measures their "smartness." If their test scores improve, we give the schools more money. What we've actually done is incentivized everyone to cheat and disconnect that proxy measure from the child's "smartness."

      That's the problem we have when the administrators of this country have degrees that never required a calculus based stats course. They don't understand the complexity of the numbers and think all numbers are equal.

    2. Re:Well they wanted the results by penix1 · · Score: 3, Funny

      There was a joke on NPR the other day it went like this:

      3 economics statisticians went deer hunting. The first just missed the back end of the deer while the second just missed the front. The third yelled, "We got him!"

      What this shows is there is always a margin of error and as long as the numbers are within that range they got it.

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    3. Re:Well they wanted the results by Billly+Gates · · Score: 2

      ... since I am just a nice guy and this is slashdot I found the news story here

      http://www.nytimes.com/2004/01...

  3. Racketeering, Ouch... by fuzzyfuzzyfungus · · Score: 3, Interesting

    Moral of the trial appears to be "Don't mess with the feds unless you've been granted too big to fail status".

    Moral of the story seems to be that, surprise surprise, if you attempt to rule by the metric, you'd better be damned good at using it or all you'll get is peons who are good at gaming the metric. You'll get there even faster if you make demands that can only be satisfied by gaming the metric; with extra credit for exquisitely defeating the purpose of data-driven-improvement by creating a class of people whose organizational survival depends on gaming the metric, and who can then be reliably expected to intimidate and retaliate against anyone who makes gaming the metric harder (like any honorable and/or competent enough to succeed without cheating employees you might have...)

    Obviously, you can't get much of anything done if you just pretend that the world, is, like, fundamentally inaccessible to your reductionist empirical 'measurements', man... and sometimes there's simply no pretending that it isn't time to cut some dead weight; but the sheer naivete of these test score based funding allocation proposals(and implementations) seriously makes me wonder if the people proposing them are just dumb, actually believed that most schools that suck suck because of slacking and can be fixed just by whipping the slackers a bit, or whether the intent was always just to find a nice, 'objective' way to declare the schools a write-off and purge them.

    Based on the results, it's impossible to argue that these schools are just A-OK and peachy keen; but it's not exactly news that "just intimidate and fire workers until Wall Street smiles" has not worked all that well as a corporate management strategy, and many of these testing initiatives seem to be largely the same plan, adapted for the public sector.

    1. Re:Racketeering, Ouch... by Anonymous Coward · · Score: 2, Interesting

      Those who give students their grades should not be the same people that give the students their education.

      There should be no High School diplomas. There should only be the G.E.D., for which a High School prepares the students but which that same High School does not administer or score.

      Educators will then have every incentive to educate well with no ability to inflate grades.

      Law school works this way, because it works well. All schools should follow this model.

    2. Re:Racketeering, Ouch... by NostalgiaForInfinity · · Score: 2

      Moral of the trial appears to be "Don't mess with the feds unless you've been granted too big to fail status".

      Don't worry, the teachers' unions are "too big to fail", and they already get pretty much whatever they want.

    3. Re:Racketeering, Ouch... by gweihir · · Score: 4, Insightful

      I think the problem is that measurements are hard to get right. Engineers learn this. There is an old German engineering saying: "Wer mist mist Mist." ("Those who measure measure crap.") Any good engineering curriculum does not only teach this, but demonstrates it to students time and again. In the end, the students learn that metrics are useful hints but can never replace actual understanding and at that time they are qualified to use metrics.

      These pedagogics people have zero clue about all the problems with metrics and how to do them right and what they can and cannot deliver. Hence they are making all the really bad beginners mistakes.

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    4. Re:Racketeering, Ouch... by McGruber · · Score: 2

      Those who give students their grades should not be the same people that give the students their education.

      It is important to note that the Atlanta Public Schools' cheating happened *after* the tests were administered. After the tests were collected and the teachers who administered the tests went home, some other "educators" had erasing parties, where they got together and changed incorrect answers. So, to me, racketeering was the appropriate charge -- those "educators" ran a racket when they got together, circumvented test-security protocols and changed official state records (the exams).

      My partner is the Principal of a public elementary school in Georgia.... the school is not part of the Atlanta Public School system, but is in a school district next-door to Atlanta. My partner's school has a very strict testing security protocol. When tests arrive in the school, the materials are locked in a safe inside a locked room that only the "testing administrator" controls. (This "testing administrator" is usually an Assistant Principal.) Anyone who goes into that room while the tests are in the school has to sign a log posted outside the room. The school's security system has a camera pointed at the room's door and that footage from that camera is saved; someone in the school system's main office apparently spot-checks the log against the footage. When the seals on the packets of test booklets are broken (in order to pass out the tests), two teachers must sign a paper saying that they witnessed the seals being broken. Any "testing abnormality" (the air-conditioning went out, loud noises or other distractions happened, etc.) has to be documented and a written explanation submitted with the tests.

      My understanding is that the Atlanta Public Schools had a similar testing security protocol... so the "educators" who cheated really went out of their way to cheat. According to newspaper reports, one Atlanta "educator" even wore gloves so that her fingerprints would not be on tests.

  4. Re:How are these related? by pushing-robot · · Score: 5, Informative

    No, he was pointing out that rewarding teachers for high test scores is likely to result not in better teaching but more cheating and manipulation of the results.

    We've been obsessing over test scores for a while now and it doesn't seem to improve the quality of education.

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  5. Re:Racketeering by Etherwalk · · Score: 4, Informative

    Racketeering -- "A pattern of illegal activity carried out as part of an enterprise that is owned or controlled by those who are engaged in the illegal activity".

    That's the legal def. according to the internet. The RICO statute has a much more specific definition that it would take time to wade through and try to apply. I'm not sure offhand how they did it in this case.

    https://www.law.cornell.edu/us...

  6. Re:How are these related? by penix1 · · Score: 4, Insightful

    We've been obsessing over test scores for a while now and it doesn't seem to improve the quality of education.

    That is the fault of the No Child Left Behind Act. The act that tied teacher / administrator salaries to the test results. Public schools across the nation stopped worrying about a kids learning and worried about their bottom line. That leads to doing whatever it takes to make sure the test results are positive.

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  7. Re:Racketeering by ShanghaiBill · · Score: 4, Insightful

    RICO was intended to be used against violent mobsters. It has been used against political protestors, and now against people that cheat on tests. It was written far too broadly, and should be rewritten, or, even better, repealed entirely.

  8. Don't Blame the DoE by Pollux · · Score: 2, Interesting

    Corruption is "massive in the DoE"? Really? I don't think your premise is common knowledge, so please cite a few sources.

    The DoE doesn't pass any laws; it enforces the ones passed by Congress. And as it's a cabinet-level department, Congress approves all cabinet appointees, so blame them on both fronts. And while the DoE does a lot of things, its central mission, and its reason for its establishment, is to assure access to equal educational opportunity for every individual. Take the DoE away, and we've lost the primary means of enforcement against educational discrimination of children in our nation. Even if you do happen to somehow prove that the DoE is full of corruption, I don't think you want to throw that baby out with the bathwater.

    Speaking with 10 years of experience in public K-12 schools, blame lies with the superintendent. Superintendents are the leaders of a district, and they can and often do set a strong tone of expectations that are carried out by administrators, including principals, which then trickle down to teachers and support staff. There's no doubt in my mind that the superintendent, tacitly if not directly, created this cheating culture in Atlanta. We can blame the law all we want for encouraging the genesis of such an environment, but that's like blaming cheese for mold growth. Yes, an optimal environment was created for this cheating scandal to take root and grow, but it was disgusting school leaders like Dr. Hall that caused it to happen.

  9. Re:Racketeering by McGruber · · Score: 2

    RICO was intended to be used against violent mobsters.

    But these Atlanta "educators" were mobsters -- they used gang tactics to run the schools, kept thousands of children from receiving their educations and ruined the livelihoods of those teachers and principals who refused to cheat.

  10. If all you care about are numbers by gweihir · · Score: 4, Interesting

    ... all you get is numbers. This testing-mania is hurting education badly. In cases where the numbers are not outright made up, they are subject to over-fitting (pupils learn jut for test-scores, not for knowledge and skills anymore), where they become just as meaningless. The underlying problem is that politicians are so abysmally dumb these days that they cannot comprehend anything about any real question but whether a number is higher or lower.

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    1. Re:If all you care about are numbers by Opportunist · · Score: 4, Insightful

      There is no solution to the problem. Especially as long as everyone working for a corporation doesn't give a rat's behind about it. CEOs have no connection whatsoever to the company they run anymore, and neither do workers care about it in a hire and fire world where any kind of "loyalty" is simply not rewarded at all. There is no reason to do any work past the bare minimum to not get fired. So of course when some bonus system was invented as an "incentive" to do more work, what happened is what would logically happen: People started to game the system. The "goals" they get set are supposedly improving the company's state, but in the end all they accomplish is that people try to find out how they can accomplish as many of them while at the same time spending as little time and effort doing so as possible.

      And exactly the same happens in our schools. Teachers know what the tests will be like, so what is taught is exactly and only what will make the pupil pass that test. There is not only no incentive to teach beyond that, it's actually discouraged because it bear the threat that something you show to your pupils that's not going to be in the test is more interesting to them and they will "waste" their time doing this instead of learning what will make you hit your mark on their test scores.

      And that, people, is pretty much the worst kind of bullshit.

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    2. Re:If all you care about are numbers by Ichijo · · Score: 2

      Why is teaching to the test a bad thing? Is it because the test does not measure the skills students are expected to be learning? Or is it because teachers depend on repeated drills with old test questions to prepare students?

      Neither one points to an insurmountable flaw with standardized testing.

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    3. Re:If all you care about are numbers by Opportunist · · Score: 2

      Teaching to the test is a bad thing because the focus of learning is set wrongly. Just as in company goals. With a company, the goal should be more revenue and a better product. But that becomes secondary if your reward depends on some arbitrary goals. Likewise, the goal of learning should be an education and the ability to build upon that education, but learning to the test means you get crammed whatever is relevant to whatever the test asks.

      To give you an example that people here can relate to, it's like teaching kids C# and the code for sorting and text IO in C# because all the questions at the test will be in C# with a heavy focus on sorting and text IO in C# (aka "rote programming"), instead of teaching them computer science and information theory so they could solve the questions themselves, and not only what's relevant for the test but also what they will need later in their career, whether that will be with C#, with C++ or even with a descriptive language.

      And no, changing the tests won't help here. Especially since the godawful "no child left behind" bull ensured that testing understanding instead of sponging (soak up the crap, pour it into the test without thinking) has pretty much been outlawed.

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  11. Bloggers, not Newspapers, revealed the cheating by McGruber · · Score: 3, Informative

    The Atlanta Journal-Constitution sowed suspicion about the veracity of the test scores in 2009

    Actually, the Atlanta Journal-Constitution (AJC) newspaper was one of Beverly Hall's biggest cheerleaders. Bloggers were pointing out problems with the Atlanta test scores for years before the AJC looked into it. The cheating wasn't really a secret -- someone was even using the screen name "Beverly FRAUD" to post comments on the AJC's own website.

    The AJC ignored all those allegations of cheating until Beverly Hall was named 2009 National Superintendent of the Year by the American Association of School Administrators (AASA).... and then the newspaper reluctantly started investigating her.

  12. Re:Racketeering by ShanghaiBill · · Score: 2

    they used gang tactics to run the schools, kept thousands of children from receiving their educations and ruined the livelihoods of those teachers and principals who refused to cheat.

    Many of the people caught cheating, made accusations AFTER THE FACT, that they were pressured into it. That could be true, but it is far more likely that they were just trying to shift the blame and squirm off the hook. In any case, these were not teachers that "refused to cheat". I have no idea what "gang tactics" you are referring to. Could you be more specific?

  13. Re:WAHT TEH FUCK` by kenh · · Score: 2

    Racketeering requires an underlying crime - it is an aggravating crime, not an independent crime.

    They were convicted of fraud, that they worked together opened the door for a racketeering conviction.

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    Ken
  14. Re:More widespread than thought by kenh · · Score: 3, Informative

    part of the "No Child Left Behind" act that Obama later repealed by decree

    And by "repealed" you mean defended and threatened to veto the Republican bill to eliminate federally mandated testing in 2013?

    House Republicans voted Friday to dismantle the troubled No Child Left Behind law for evaluating America's students and schools, saying states and local school districts rather than Washington should be setting rules for ensuring that kids are getting good educations.

    The legislation would eliminate federally required testing of students, which has been controversial from the start. But the measure passed with no Democratic support and drew a veto threat from the Obama administration, which said it would be a "step backward" in efforts to better prepare children for colleges and careers and to bring improvements to low-performing schools.

    Democrats in the Senate, where they hold the majority, are working on their own bill. It would also give states greater flexibility in designing school improvement standards. But it would maintain the authority of the federal education secretary to approve those plans. A Senate vote on that legislation is unlikely until autumn.

    --
    Ken
  15. What? I mean... what? by wonkey_monkey · · Score: 2

    Prosecutors Get an 'A' On Convictions of Atlanta Ed-Reform-Gone-Bad Test Cheats

    Try again, I don't think your headline was quite convoluted enough.

    --
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  16. Re:part of the feedback missing by captjc · · Score: 2

    In the long run, companies can't fake how much money they have made: the money is either there or it isn't.

    I take it you work in the public sector. There are actually two schools of deception in play in the private sector, The Wall Street School and and the Hollywood School. The Wall Street school is about making it look like you have more profits than you do to get your stock price up higher. Higher stock price means bigger bonuses for the people at the top at the expense of reducing head count and squeezing the remaining employees for all you can get out of them. Then you have the Hollywood school of cooking the books to make it look like you are taking massive losses so you can write off all your expenses, get out of paying profit-share contracts, and get massive tax breaks.

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  17. Re:Racketeering by Jason+Levine · · Score: 2

    Right now, in New York State, the governor forced through a budget that "reforms" education. One of his big proposals is that all teachers will be reviewed 50% by high stakes testing of students (where students don't just have to pass but improve their score by an amount set after the kids take the tests), 30% by their principal, and 20% by an outside observer (doesn't need to be an educator so you could get a "plumber evaluating how good a surgeon is" situation). If the teacher fails the annual review 2 years in a row (and 70% of kids failed the tests last year), they can be dismissed within 90 days for "incompetence." If they fail 3 years in a row, they MUST be dismissed in 30 days unless they can prove fraud.

    Not only will this result in good teachers being fired because their students don't test well (or because they don't reach the post-test decided improvement amounts), but it will put pressure on teachers to teach to the test (ruining kids' educations) or to even cheat to help their students on the tests (since not cheating might mean more likelihood of being fired - even if you are a good teacher).

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  18. Re:Racketeering by tburkhol · · Score: 2

    It was appropriate here. The racketeering charge was based on the conspiracy, extortion and bribery they committed, and the corrupted organization was the Board of Ed.

    The only guilty verdicts, aside from RICO, were for "making false statements," and only half of the defendants were guilty even of that. The two (3?) people charged with theft were found not guilty. No one was even charged with fraud. This makes it all seem like an organization dedicated to the criminal enterprise of denying its own existence.

    I get that it's technically not a crime to change the answers on someone else's test, putting the prosecutors in a bind to impose penalties, but RICO seems really blown out of all proportion. Maybe it would have made more sense if they'd been able to try Dr. Hall before her death. Maybe she's the one who really committed/benefitted from the immoral but not illegal actions of her henchmen, but we didn't get to see that.

  19. Re:How are these related? by tburkhol · · Score: 2

    It's easy to be moral and ethical when there's nothing to lose. To blame the mechanic providing the "something to lose" when weak, immoral and unethical people decide to act in their own best interest at the expense of children's education is irresponsible.

    Federal judges are appointed to life terms in order to reduce the temptation to cheat. It turns out that all people are susceptible to pressure; almost all people will do things they "know" to be wrong if given enough enticement or peer pressure. If you give teachers a system of merit pay, some of them will game the system. If you impose a set of penalties, they will game the system. Pile those rewards/penalties on a system where teachers in districts with engaged and active parents get better resources, and you're just begging for trouble. "Social promotion" is as old as formal education. NCLB was supposed to be an administrative block to it, but it turns out teachers find a way around.

    I find it very interesting that, 2 days before these verdicts, the GA legislature repealed the requirement that students pass a standardized test (CRCT) as a condition of graduation. And made it retroactive, so all those students, going back 10 years, who passed all their classes but were denied diploma for failing a section of the CRCT can now get their diplomas. ie: The state has legislated in the same social promotion that APS parents are up in arms over and that drove NCLB.

  20. Re:How are these related? by meustrus · · Score: 2

    Oh yes, the ever-blamed teacher unions. You realize teacher unions actually hate standardized testing? And if one is to believe that teacher unions love keeping "bad teachers" around, what could be better than a building full of "exceptional" teachers recognized by nobody else but the teachers themselves?

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  21. Re:Racketeering by ShanghaiBill · · Score: 2

    They didn't just cheat, they threatened people with violence, defrauded the government and charitable organizations, committed criminal malfeasance and official corruption, and on and on....

    Several posters in this thread have made similar accusations, but, like you, they provide no citation, don't say who was threatened, don't say who was making the threats, and provide no evidence.

    Cheating on tests is wrong, and should be punished, but we need to keep some perspective. There was no violence, and the only permanent harm was that money was allocated to some poor students who didn't deserve it according to the official criteria.