March 5, 2014 An Open Letter to the NYS PTA: I am requesting that you please reply to this message in writing

within 5 school days. Please provide a written response from the NYS PTA with regard to your organizations position on sit and stare school policies during NYS test refusal whereby children, whose parents refuse to allow them to participate in NYS tests, will be forced to sit in silence in a hard chair for the entire testing time with absolutely nothing to do for all six days of testing. I have spoken with Child and Family Services Justice Center, and they tell me that forcing an innocent child to sit in silence for long periods of time 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. These Social Services regulations can be found here: http://ocfs.ny.gov/main/childcare/regs/414_SACC_regs.asp#s9 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 students mental or emotional well-being. Confining a student to a chair for long periods of time with nothing to do for six days would certainly create a hostile environment which would interfere with a childs mental or emotional well-being. The child has done absolutely nothing wrong and is being served with a corporal punishment. School districts are putting their principals and teachers in a situation where they must now decide whether to disobey their superiors or disobey DASA regulations These DASA regulations can be found here: http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$EDN11$$@TXEDN 011+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=16202154+&TARGET=VIEW I have a child that chews the edges of her fingertips until they bleed if she is forced to sit in silence without any sort of activity. Allowing her to simply read relieves her from this abuse. I ask people to consider this question: If you had an adult babysitter that forced your children to sit in silence for long periods of time with nothing to do, and this adult babysitter did this in spite of you telling them many times not to do it and having had many conversations with them, would you report it to the police? Of course, every one of us would answer yes. Then why is it ok to do this in school? It is not ok. I challenge any adult to sit in absolute silence without moving for an hour with nothing to do for six days. Now imagine that you are a child. Now imagine that you are a child with anxiety disorder. Now imagine that you are a child with anxiety disorder and ADHD. NYSUT (NYS United Teachers) has taken a position on this, and they strongly condemn Sit and Stare policies. 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 I am requesting that you please reply to this message in writing within 5 school days so that parents across the state will know the position that the NYS PTA takes on this punitive policy in advance of the testing session. Here is a press release from NYS Allies for Public Education on this matter http://www.nysape.org/school-policies-regarding-test-refusals-in-some-nys-districts-equate-tocorporal-punishment-for-students.html

Sincerely, Eric Mihelbergel 716-553-1123 Founding Member of NYS Allies for Public Education www.nysape.org