Lawsuit Challenging the Seattle School District's use of "Discovering Mathematics" Goes to Trial

Martha McLaren, DaZanne Porter, and Cliff Mass:

Today Cliff Mass and I, (DaZanne Porter had to be at a training in Yakima) accompanied by Dan Dempsey and Jim W, had our hearing in Judge Julie Spector's King County Superior Courtroom; the event was everything we hoped for, and more. Judge Spector asked excellent questions and said that she hopes to announce a decision by Friday, February 12th.

The hearing started on time at 8:30 AM with several members of the Press Corps present, including KIRO TV, KPLU radio, Danny Westneat of the Seattle Times, and at least 3 others. I know the number because, at the end, Cliff, our attorney, Keith Scully, and I were interviewed; there were five microphones and three cameras pointed towards us at one point.

The hearing was brief; we were done by 9:15. Keith began by presenting our case very clearly and eloquently. Our two main lines of reasoning are, 1) that the vote to adopt Discovering was arbitrary and capricious because of the board's failure to take notice of a plethora of testimony, data, and other information which raised red flags about the efficacy of the Discovering series, and 2) the vote violated the equal education rights of the minority groups who have been shown, through WASL scores, to be disadvantaged by inquiry based instruction.

Realistically, both of these arguments are difficult to prove: "arbitrary and capricious" is historically a very, very difficult proof, and while Keith's civil rights argument was quite compelling, there is no legal precedent for applying the law to this situation.

The School District's attorney, Shannon McMinimee, did her best, saying that the board followed correct procedure, the content of the books is not relevant to the appeal, the books do not represent inquiry-based learning but a "balanced" approach, textbooks are merely tools, etc., etc. She even denigrated the WASL - a new angle in this case. In rebuttal, Keith was terrific, we all agreed. He quoted the introduction of the three texts, which made it crystal clear that these books are about "exploration." I'm blanking on other details of his rebuttal, but it was crisp and effective. Keith was extremely effective, IMHO. Hopefully, Dan, James, and Cliff can recall more details of the rebuttal.

Associated Press:

A lawsuit challenging the Seattle School District's math curriculum went to trial Monday in King County Superior Court.

A group of parents and teachers say the "Discovering Math" series adopted last year does a poor job, especially with minority students who are seeing an achievement gap widen.

A spokeswoman for the Seattle School District, Teresa Wippel, says it has no comment on pending litigation.

KOMO-TV reports the district has already spent $1.2 million on Discovering Math books and teacher training.

Cliff Mass:

On Tuesday, January 26th, at 8:30 AM, King County Superior Court Judge Julie Spector will consider an appeal by a group of Seattle residents (including yours truly) regarding the selection by Seattle Public Schools of the Discovering Math series in their high schools. Although this issue is coming to a head in Seattle it influences all of you in profound ways.

In this appeal we provide clear evidence that the Discovery Math approach worsens the achievement gap between minority/disadvantaged students and their peers. We show that the Board and District failed to consider key evidence and voluminous testimony, and acted arbitrarily and capriciously by choosing a teaching method that was demonstrated to produce a stagnant or increasing achievement gap. We request that the Seattle Schools rescind their decision and re-open the textbook consideration for high school.

Posted by Jim Zellmer at January 27, 2010 5:13 AM
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