Category Archives: Opt Out

March 26, 2017 · 4:38 pm

An Opt Out Lament – and a Deeper Lesson

It is nearing the end of March, which means that my social media feeds and the blogs that I read are full of materials pertaining to the Opt Out movement.  Contrary to years of efforts by testing advocates to portray Opt Out as wholly of phenomenon of privileged parents, I know that the efforts I witness represent the work of parents facing bullying and misinformation from administrators trying to keep their test participation levels above 95%.  It is also represents the work of brave teachers risking sanction and professional consequences for speaking out against damaging policies that distort curricula and classroom choices.  Further, it represents the work of urban education activists who have seen over and over again how annual test data is abused by politicians and policymakers and is used to rank teachers on flawed measures of their performance and to close schools instead of to help and nurture them.

The reasons to support opting out are legion.  Peter Greene provides an excellent breakdown of eight compelling reasons in this post.  Katie Lapham clearly articulates how test refusal is a form of people power that says “no” to a variety of practices that actively harm schools and children.  Last year, Bronx Principal Jamaal Bowman made an impassioned case for why he supports parents’ rights to refuse the state exams, asking why if the city’s most elite private schools refuse to give exams like these why do we just accept them as necessary for schools full of children in poverty?  New York State Allies for Public Education published this informative response to general misinformation and obfuscation on testing policy put into the state “information toolkit” for administrators.  I urge you to read these pieces carefully and thoughtfully and to seek out others on the subject if you are not already deeply informed on the issues regarding testing.

From where I sit, there are two fundamental reasons why parents should consider opting their children out of the annual examinations.  First, they are a failed policy.  Annual, high stakes, standardized examinations were ushered in as part of the No Child Left Behind legislation under President Bush with a promise that with an ongoing set of achievement data that could be compared against annual improvement targets and consequences for not meeting those targets that schools would improve, especially schools that serve student populations who consistently struggled.  The promise was enticing enough that a bi-partisan coalition signed up, including civil rights organizations convinced that states and cities would be forced to help schools where most students were of color.

That reality never materialized.  While states were flush with data that showed exactly what could have been predicted using other data sources, the “help” that was supposed to flow to struggling schools never measured up to the task while the threat of consequences narrowed more and more student experiences into ongoing test preparation.  Writing during the 2015 debate over the Every Student Succeeds Act, Kevin Welner and William Mathis of University of Colorado at Boulder concluded that test-based accountability as practiced in the NCLB era had demonstrably failed to demonstrate real improvement in the nation’s schools:

We as a nation have devoted enormous amounts of time and money to the focused goal of increasing test scores, and we have almost nothing to show for it.  Just as importantly, there is no evidence that any test score increases represent the broader learning increases that were the true goals of the policy – goals such as critical thinking; the creation of lifelong learners; and more students graduating high school ready for college, career, and civic participation.  While testing advocates proclaim that testing drives student learning, they resist evidence-based explanations for why, after two decades of test-driven accountability, these reforms have yielded such unimpressive results.

Second, test-based accountability is monstrously unjust and racist, subjecting communities to punitive results and “solutions” that aid only a few and which disproportionately take away input into education from parents of color. While No Child Left Behind had already done significant damage to schools and learning, the Obama administration’s policies went much further.  Under the Race to the Top competition, states were incentivized to adopt common standards, to join mass testing consortia, and to use the results of test data to promote school choice and to evaluate teachers.  These are not benign policies.  Value added measures of teacher performance have been and remain highly unreliable ways to evaluate teachers, and while school choice advocates like current Secretary of Education Betsy DeVos and her predecessors in the Obama administration like to portray school choice as empowerment for students and parents, they persistently fail to consider the nature and consequences of those choices.  Urban charter schools rarely enroll identical populations of students as their host districts, and high performing charter schools frequently use shockingly high attrition rates to enhance their overall test scores.  The idea that urban charter schools offer parents “choices” the way that suburban parents enjoy choices, as so often claimed by their proponents, is laughable – it is hardly a choice to be offered a district schools that is chronically underfunded and neglected by policy makers or a charter school that is well resourced thanks to wealthy donors but which routinely drives away its students.  And yet those are the “choices” offered to urban parents of color thanks to testing policies, choices that would cause their white, wealthy peers to oust elected leaders.

And yet, despite these reasons which I believe whole-heartedly, my family will not opt out of the tests this year.

That admission comes as a bit of a shock and leaves me with deeply conflicted feelings, perhaps even trepidation that I will lose respect among people whose advocacy and bravery I greatly respect.  However, I cannot demand that we be an opt out family this year and honor a promise we made to our children.

Last year, as testing time approached, we spoke to our oldest child about the upcoming exams and why we did not like them as a school policy. They were poorly written (they still are).  They took up far too much time just taking them and consumed way too much teaching time preparing for them (they still do).  The state and city would use the test scores to unfairly judge schools and teachers (and they still will).  Based on those reasons, we explained to our child that it was possible to refuse to take the exams and that we would be pleased to make certain the school knew not to administer the exam.  It did not take much to get a “yes” in response to this argument, and for those who think we may have pressured our child, this is a young person who, at the age of six, deduced atheism without any outside influence.  It was important to us that this be a family decision that our child participated in rather than one we insisted upon without listening. Compared to many families who opt out, we were exceedingly lucky.  The school knows what I do for a living, and we were subjected to no active campaign to get us to change our mind, even though New York state policy encourages principals to do just that.

On the other hand, our school really has no active opt out presence, and to my knowledge, our child was the ONLY student in the school to opt out and spent the better part of two different weeks helping out in a Kindergarten class.  Again, better than what happens to many students, but it also made our child stand out.

So when testing time approached again this year, we sat down for another conversation, but the result was very different.  Without being particularly upset or visibly shaken by the previous year’s experience, our child decided to NOT opt out. Part of keeping my word on our child having the right to have a say in this means that we are not an opt out family this year.  Over the weeks, I have managed to tease out my child’s reasons.  Some of it is sheer curiosity about what the other kids will be spending so much time doing.  Some of it is recalling feeling awkward in a classroom full of Kindergarten kids.  Some of it is feeling uneasy being the only student in the grade not taking the test.  Some of it is knowing that the test is part of the teachers’ evaluations and concern not taking it will be harmful – I said that the last fear was not what would happen, but the other reasons?  I don’t really have an argument there, and I strongly suspect there is no small part of this decision that is based upon not wanting to be the only kid opting out again.  I cannot find fault with that.  No matter how much I say that this is a “family decision,” at the end of the day, it is my child who has to enact it, for hours and hours at a time, and that would be a very lonely and potentially ostracizing act.

Of course, honoring my child’s participation in this decision also means recognizing that we are participating, unnecessarily in my opinion, in a policy that is both a failure and which is used to justify a racist status quo.  Just this past week, the New York City Panel on Educational Policy voted to shutter more schools that were supposed to be getting extra assistance and resources as part of a renewal program, assistance and resources that community members in the Bronx say never materialized for JHS 145 Arturo Toscanini.  Those same community members present strong arguments that their school was already slated to be taken over by a charter school before the decision on closing was finalized.  All of this is made far more possible by the abuse of testing data in decision making, testing data our family will contribute to this year.

It is hard to swallow, but perhaps it is also an opportunity for deeper and more incisive self critique.  The state tests may help to fuel failed and racist policies, but they are by no means the only examples of injustice in our school system.  I prepare college students to become teachers, but am I doing enough to teach them to confront the school to prison pipeline?  Am I doing enough to help them drop the pitfalls of “white savior complex” and really learn about their students of color?  Am I working to shine a light on how gentrification brings wealth into neighborhoods and opens trendy night spots but rarely does anything for the public schools?  What level of my own comfort within the education system that I work for and in which my children are enrolled am I willing to put at risk?

How much am I complacent in a much larger system of injustices even if I am able to identify the state tests as especially troubling?  Taking time to answer these questions is more important than ever, and my child’s decision about this year’s tests plays no small role in it.

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Filed under Activism, Arne Duncan, Betsy DeVos, charter schools, Common Core, Data, ESSA, Eva Moskowitz, Funding, Opt Out, politics, racism, schools, Success Academy, Testing, VAMs

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September 20, 2016 · 3:34 pm

New Jersey <3's PARCC

Garden State teachers and students returned to school this month to find that both the state board of education and department of education have declared undying love and devotion to the Partnership for the Assessment of Readiness for College and Careers.  The decisions, made when presumably fewer people were looking, first enshrined the controversial assessments as the sole standardized exam accepted to meet graduation requirements for New Jersey high school students beginning in 2021, and for extra measure the state tripled the weight that those exams will play in teacher evaluations beginning this year.  It was a very busy summer for questionable examinations and discredited evaluations.

New Jersey has long required students to pass either a basic competency test or one of a range of tests used in the college application process in order to graduate, allowing students to assemble a portfolio of grades and other materials if an adequate test score is not recorded after attempting the exams.  This layered approach to a testing requirement made sense when applied to the entirety of the state.  After all, the requirement is to find a minimum level of competency required to graduate, so the logical option would be to give students different ways of demonstrating that competency and being certain that you are looking for what can be reasonably expected for students graduating from the state’s 586 school districts.  Moreover, it is a nod to simple reality:  high school students do not, as a whole, care a lot about proficiency exams administered as part of state accountability systems, although students with college ambitions have plenty of reasons to care about SAT, ACT, or advanced placement exams that carry actual personal consequences.  Washington D.C.’s Wilson High School saw this very phenomenon this year where students openly admitted that they skipped or ignored the PARCC exams to focus on advanced placement tests scheduled for the following week.

New Jersey will have none of that now.  By making PARCC the sole examination allowed for graduation, the state is telling all high school students they must take the state’s accountability exam seriously or face the possibility of not graduating.  It is also aiming directly at New Jersey’s Opt Out movement which, while not the same force across the Hudson in New York, still boasted tens of 1000s of students refusing PARCC with 15% of 11th graders refusing the exams in 2015.  That option will be vastly more problematic beginning in 2021, and parents who considered opting out in younger grades could easily be intimidated into not making that decision.  New Jersey’s rationale for making PARCC the sole manner for meeting graduation requirements seems aimed primarily at forcing reluctant students and families to take PARCC seriously.  As policy, this is a lot of stick with very little carrot.

It might also be illegal.  Sarah Blaine, an education activist, blogger, and attorney, wrote cogently back in May that the new regulations seem to contradict the law they intend to implement.  The state is required to administer a test for all students in 11th grade, and that test must “measure those minimum basic skills all students must possess to function politically, economically and socially in a democratic society: specifically, the test must measure the reading, writing, and computational skills students must demonstrate as minimum requirements for high school graduation.”  Ms. Blaine notes that the 10th grade ELA test will not be given to all 11th graders statewide by definition.  Further, she correctly notes that the content in the Algebra I test is taken by many New Jersey students as early as junior high school, leaving them in the ridiculous position of securing their “minimum” competency in math before they have even enrolled in high school.

Ms. Blaine was also correct when she noted that the state testing requirement only allows the state to deny a diploma to a student who does not meet the minimum basic skills — and the PARCC exam is, by design, not a measure of those skills at the 4 and 5 cut score levels.  This cannot be emphasized enough:  whatever else PARCC aims to measure, it is obvious from both available content and the results themselves that it is not an examination of grade level basic competence.  New Jersey boasted some significant improvements from the 2015 PARCC administration in 2016 (some of which might be explained by increased participation); the percentage of students scoring 4 or 5 on the 10th grade ELA exam was 44.4% compared to 36.6% in 2015, and the percentage of students scoring that on the Algebra I exam was 41.2% compared to 35% in 2015.  These gains are significant but would still leave more than half of New Jersey high school students ineligible to graduate.  Commissioner Hespe claims “Those are areas we know we have work to do,” but given that PARCC in 2015 pretty closely matched New Jersey’s performance on the National Assessment of Educational Progress (NAEP)…

NJ NAEP AND PARCC

…and given that NAEP proficiency levels are not meant to measure minimum grade level expectations, the Commissioner can promise to work all he wants…he’s working with an examination whose proficiency levels are looking for and labeling advanced students.  We can have a very fruitful and important conversation about the unequal distribution of students scoring at those levels and about the unequal distributions of educational opportunity in the state – but not while threatening to withhold high school diplomas simply because students are not getting straight As.

Increasing the percentage of teacher evaluations based on test scores from 10% to 30% was always a threat waiting in the wings, but it remains a giant blunder of an idea.  New Jersey decreased its Student Growth Percentile (SGP) component in deference to the newness of PARCC in the Garden State, but increased familiarity with the exam does not mean that the bulk of the evidence is in favor of using growth measures to evaluate teachers.  If you like the expression “arbitrary and capricious,” you will enjoy the next 3-5 years in New Jersey as the state tries to fend off lawsuits from teachers inappropriately labeled as ineffective due to SGPs and as it tries (and likely fails) to explain why SGPs that more effectively measure student characteristics than teacher effectiveness should be used in evaluating teachers.  Fans of legal briefs should be popping the popcorn sometime next Spring.

Predicting the future is not exactly easy.  New Jersey’s $108 million contract with Pearson to administer PARCC has two years left, by which time Governor Chris Christie will no longer be in Trenton.  For that matter, PARCC’s long term health is legitimately in question.  The consortium web site no longer boasts a map of states using the exam on its homepage because in 2011, they were able to boast of 25 participating states that “collectively educate more than 31 million public K-12 students in the United States, over 60% of all students enrolled in the nation’s public schools.”  In the 2015-2016 school year, they had “eight fully participating states” and now offer a “tiered approach” for non-participating states to access PARCC content.  I’m not taking bets on PARCC dying any time soon, but I wouldn’t suggest anyone place similar bets on it surviving either.

One prediction is pretty simple, however.  In New Jersey, PARCC will become a de facto curriculum and disrupt even more children’s education.  We have seen this over and over again in the No Child Left Behind era, and while the new federal education law grants states more flexibility on how they use accountability testing, New Jersey has chosen to double down on the test and punish policies of the past 15 years.  School children in New Jersey, especially those in struggling districts, will get less science, less social studies, less art and music, and our youngest children will get a lot less play – and far more test preparation.   The Class of 2021 will begin ninth grade algebra in a little less than a year, and a substantial percentage of those taking the course will find out that they do not qualify to graduate after only one year of high school and will scramble to repeat the exam (at whose expense?) or assemble other evidence of their “basic competence” for the Commissioner to review.  The state DOE will take certain districts to the wood shed for plummeting graduation rates, and various parent coalitions will sue over the use of a test that violates the letter and spirit of the law as a graduation requirement.  My bet for the next few years in New Jersey?

fasten-your-seatbelts-o

“Fasten your seat belts. It’s going to be a bumpy night.”

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Filed under Chris Christie, classrooms, Common Core, ESSA, Opt Out, PARCC, Pearson, standards, Testing, VAMs

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April 13, 2016 · 6:20 am

Can Teachers Talk About Opt Out?

New York City teachers Jia Lee, Lauren Cohen, and Kristin Taylor risked disciplinary action recently to speak with NBC news about their opposition to the state testing system and their support of the Opt Out movement.

bats

This was no small act on their part because the NYC DOE has sent multiple signals that it does not tolerate classroom teachers speaking against the tests which have been occupying schools’ time and attention this month.  District 15 Superintendent Anita Skop stated her belief that any teacher encouraging opt outs was engaging in political speech and that such acts were not permissible for teachers speaking as teachers. A spokeswoman for the Department of Education said that teachers are free to speak as private citizens but not to speak as “representatives of the department,” and New York City Schools Chancellor Carmen Farina said “I don’t think that the teachers’ putting themselves in the middle of it is a good idea.”  None of these figures have specified what possible consequences could befall teachers for speaking in favor of opt out and against the state standardized tests – but the ambiguous statements alone are sufficient to deter many city teachers from speaking their mind.  Add in the history of “gag orders” that prevent teachers from discussing the contents of the examinations – even as professionals seeking to improve tests after they have been used – and speaking to the media as these teachers did is an act of exceptional bravery.

Walking the line between teacher and “private citizen” is exceptionally ambiguous.  Ms. Lee, Ms. Cohen, and Ms. Taylor were all identified as New York City teachers by the reporter in the story, but does that automatically make them not private citizens?  Most members of our society are not required to hide their professions when speaking on political matters within the public sphere, and in many communities, teachers’ identities are well known to parents, making the distinction between their professional and private selves far less distinct.  Furthermore, as professionals in a school system governed by different political systems, teachers have legitimate observations and, yes, criticism to make about policies that impact their work and, therefore, their students.  Simply saying teachers cannot be “political” as teachers is plainly too simplistic.

However, this cannot be only a matter of saying teachers have free speech rights in their role as teachers.  There are legal and legitimate limitations on what teachers can say. For example, federal law protects the privacy of students’ academic records and while a teacher can discuss a child’s performance with both parents and involved professionals in pursuit of helping that child, the law prevents that same teacher from discussing the child’s academic record outside of that context.  Teachers also possess academic freedom within the classroom, but that is not well defined, subject to significant limitations and considerations of the interests of school boards, communities, parents, and children.  Generally, teachers have to balance their rights with their significant responsibilities within the classroom, including their responsibility to the adopted curriculum in a district.

Outside of the classroom, teachers also have limits on what they can say and for good reasons.  The 3rd Circuit Court of Appeals ruled against a teacher who claimed her free speech rights were violated when she was fired for keeping a public blog full of insults about students and parents in her school.  This is fundamentally different than writing about politics or using a public forum like letters to the editor to speak about “matters of public concern” as a citizen — her speech gave parents legitimate reasons to demand that she not teach their children.  The Washington branch of the ACLU maintains a page with various examples of speech scenarios in which a teacher may or may not be protected from job consequences, and the examples demonstrate that teachers often have additional constraints on their speech related to their ability to perform their responsibilities.  On the other hand, purely political speech, even related to education issues, can be strongly protected outside of the classroom.

Consider the case of Boston long term substitute teacher Jeffrey Herman who testified at a Boston City Council meeting against the expense of maintaining a Junior ROTC program in the city and advocating what he believed was a better use of those funds – and who was screamed at by the head of Boston English High School and essentially blacklisted from working there.  While that case was settled with no admission of wrongdoing by the city, the implication is clear enough:  Mr. Herman was entirely within his rights to speak in the public sphere on a matter of public concern.  A staff attorney for the ACLU made this obvious:  “Teachers are entitled to political opinions just like everyone else…We need them to feel free to share those opinions with public and elected officials, outside the school, without fear of losing their jobs for doing so. Jeff Herman had a right to speak out at City Hall about Boston spending over a million dollars on JROTC…”

This would seem to neatly point towards a general right for teachers to speak critically of standardized testing and in favor of opt out as long as they do not suggest that they are speaking for district and school administrations in the process.  While teachers are obligated to teach the adopted curriculum of the school and to participate in duties such as test administration, critiques of both the curriculum and testing are matters of public concern.  Administrators can probably restrict teachers from proactively soliciting opt outs on the school grounds, but they would be beyond bounds to restrict teachers from speaking elsewhere – even if their audience knows that they are teachers. Further, if asked by parents about the tests, it is very plausible that teachers have the right to offer an informed and critical perspective. Grumbling from Tweed Courthouse notwithstanding, Ms. Lee, Ms. Cohen, and Ms Taylor should be secure in their advocacy and their speaking with reporters.

But perhaps this should not merely be a matter of whether or not teachers disciplined for speaking against testing could win a civil rights suit.  Perhaps this needs to be framed as a matter of professionalism and professional judgement because while teachers have responsibilities and rights in the performance of their work, they also have professional obligations and norms that define what it means to be a teacher.  Among those is the need to speak up when children are being ill served or harmed by what is going on within school.  John Goodlad referred to practicing “good moral stewardship of schools” and this principle is as important to teaching as “do no harm” is for medicine or being a zealous advocate is for law.  Teachers are given an awesome and sacred trust – the intellectual, social, and emotional well being and growth of other people’s children.  Speaking out when that trust is in jeopardy is not simply a question of Constitutional rights.  It is a moral obligation.

Do teachers have good reason for concern about how these tests impact their stewardship?   New York City teacher Katie Lapham certainly makes a compelling case:

The reading passages were excerpts and articles from authentic texts (magazines and books).  Pearson, the NYSED or Questar did a poor job of selecting and contextualizing the excerpts in the student test booklets.  How many students actually read the one-to-two sentence summaries that appeared at the beginning of the stories? One excerpt in particular contained numerous characters and settings and no clear story focus.  The vocabulary in the non-fiction passages was very technical and specific to topics largely unfamiliar to the average third grader.  In other words, the passages were not meaningful. Many students could not connect the text-to-self nor could they tap into prior knowledge to facilitate comprehension.

The questions were confusing.  They were so sophisticated that it appeared incongruous to me to watch a third grader wiggle her tooth while simultaneously struggle to answer high school-level questions. How does one paragraph relate to another?, for example. Unfortunately, I can’t disclose more.  The multiple-choice answer choices were tricky, too. Students had to figure out the best answer among four answer choices, one of which was perfectly reasonable but not the best answer.

NYSED claims they removed time limits from the test in order to remove performance pressure from very young children, but there are documented cases of this actually matter the exams worse for students.  A Brooklyn teacher blogging anonymously notes:

This afternoon I saw one of my former students still working on her ELA test at 2:45 pm. Her face was pained and she looked exhausted. She had worked on her test until dismissal for the first two days of testing as well. 18 hours. She’s 9.

This is a student who is far above grade level in reading, writing and every measurable area imaginable. She definitely got a 3 or 4 on this test. She is a hard worker and powers through challenges with quiet strength and determination. She is not “coddled.” She is sweet, brilliant and creative and as far as I know she has always loved school. She is also shy and a perfectionist.

After 18 hours of testing over 3 days, she emerged from the classroom in a daze. I asked her if she was ok, and offered her a hug. She actually fell into my arms and burst into tears. I tried to cheer her up but my heart was breaking. She asked if she could draw for a while in my room to calm down and then cried over her drawing for the next 20 minutes.

New York City education advocate Leonie Haimson reported on numerous items of test content that she was able to glean from various sources.  They included a sixth grade test including a 17th century poem often studied in college, obscure vocabulary in the 8th grade exam, disturbing product placements within reading passages, and missing prep pages without adequate instructions on how to assist students.

Beyond these specific examples, teachers can be rightly concerned about the entire environment within which these exams take place.  Since No Child Left Behind was passed in 2001, testing and test preparation have become more and more ends unto themselves instead of quiet background monitoring of the school system.  We have spent more than a decade now in a policy cycle based upon “test-label-punish” without considering how to give schools teaching our most vulnerable students the resources and supports needed to do right by those children, their families, and communities.  And we have very, very little to show for it except a narrowing curriculum in communities across the country and a crushing increase of academic work at younger and younger ages despite the abject harm it inflicts upon children who need play to learn and to be healthy.  Practicing “good stewardship” as a professional teacher clearly embraces openly objecting to these harmful practices.

Ms. Lee told NBC, ““Parents should definitely opt out. Refuse. Boycott these tests because change will not happen with compliance.”  She went on to call herself a “conscientious objector.”

She is also a true professional, guarding the well being of the children entrusted to her.

 

 

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Filed under classrooms, NCLB, Opt Out, politics, schools, Social Justice, standards, teacher professsionalism, Testing

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April 5, 2016 · 5:51 pm

NYC Hasn’t Gotten the Opt Out Memo

Let’s begin with one simple premise: nobody at the New York State Education Department wants to see Opt Out continue to be a significant factor in the Empire State.  The United States Department of Education sent a variety of states letters explaining they had an obligation to test 95% of all student in all subgroups without fail, even offering various measures from cajoling to threatening that the states could take to get all of those students to sit down and be tested. After some initial stumbles, NYSED settled on a “kinder and gentler” approach, trying to coax the 20% of eligible families to opt back in to the tests.  Regents Chancellor Merryl Tisch and Governor Andrew Cuomo quickly ran away from NYSED Commissioner Elia’s suggestion that districts with high opt out might lose funding.  In short order, Commissioner Elia affirmed that her office had no intention of withholding funds and admitted that parents had the legal right to refuse to submit their child for the state exams.  In the following months, Albany introduced a series of changes to the exams – such as reducing them by a few question and removing time limits – that they hoped with allay parental concerns, and Commissioner Elia’s office put together a “tool kit” for district and schools to use to explain the exams to parents.  The information provided for both letters and presentations emphasizes what NYSED sees as positive and necessary aspects of the tests instead of negative consequences for low test participation rates.

Parents and educators may disagree about the significance of the changes and about the accuracy of the information in the state materials, but the strategy was obvious: Gently persuade parents and communities back into the fold.  This was certainly a sensible approach considering the pasting Albany took not only on state testing but also on the entire education agenda championed by Governor Cuomo throughout 2015.  Even before he managed to bully his plans to use state tests as 50% of teacher evaluations through the Assembly, voters disapproved of his education agenda by extremely wide margins.  The Governor took such a pummeling in the polls on education in 2015, that his 2016 budget address only had 364 words on P-12 education that more or less reduced his entire platform to “yadda yadda yadda…teachers are swell.”  When it comes to public education in the Empire State, our leaders in Albany have spent most of 2016 trying to pour gallons of honey on their plate full of vinegar.

Someone in New York City did not get the memo, apparently.

Test refusal was not a significant issue in New York City last year, although a handful of schools saw much higher opt out rates than the city in general. But the office of New York City Schools Chancellor Carmen Farina apparently wants to take no chances of it gaining more than a toehold.  Pro-testing forces upstate seem happy to rely upon outside groups to carry the “opt in” message and to focus on emphasizing what they see as meeting test protesters part way, but the offices in Tweed aren’t taking any risks that opt out can grow and thrive in the Big Apple. In the run up to the tests, The New York Times reported ongoing and serious negative talk about teachers who spoke out against the tests and in favor of opting out:

At a forum in December, Anita Skop, the superintendent of District 15 in Brooklyn, which had the highest rate of test refusals in the city last year, said that for an educator to encourage opting out was a political act and that public employees were barred from using their positions to make political statements.

On March 7, the teachers at Public School 234 in TriBeCa, where only two students opted out last year, emailed the school’s parents a broadside against the tests. The email said the exams hurt “every single class of students across the school” because of the resources they consumed.

But 10 days later, when dozens of parents showed up for a PTA meeting where they expected to hear more about the tests, the teachers were nowhere to be seen. The school’s principal explained that “it didn’t feel safe” for them to speak, adding that their union had informed them that their email could be considered insubordination. The principal, Lisa Ripperger, introduced an official from the Education Department who was there to “help oversee our meeting.”

Several principals said they had been told by either the schools chancellor, Carmen Fariña, or their superintendents that they and their teachers should not encourage opting out. There were no specific consequences mentioned, but the warnings were enough to deter some educators.

One could possibly claim teachers speaking against the tests are engaging in political speech against contract rule – or one could argue they are expressing a professional opinion on the negative impact of testing they see with their own eyes in their own classrooms.  Certainly, the letter from PS234 teachers, as described, focuses on the consequences to students’ learning conditions rather than on any political outcome, but DOE is clearly trying to back channel messages to principals and teachers that negative comments about the test are off limits.  That would certainly explain an incident at PS 84 in Williamsburg where a principal chastised a fifth grader handing out Opt Out information until the child cried and then herded all third through fifth grade into an impromptu assembly to tell them to “get this opt out stuff out of your head.”  The principal went on to tell students not to listen to their parents and that the state exams would make them smarter.

That was not the behavior of a professional educational leader who feels free to allow open discussion of an important issue within the school.  For that matter, the principal’s behavior was arguably in violation of long standing case law on students’ first amendment rights within school.

Susan Trout, a Manhattan parent, forwarded a letter that her child’s middle school principal sent to all 8th grade parents, warning them about the consequences of a large number of opt outs:

This is a “low stakes year” for the eighth graders. Their performance on the exams will not be used by the high schools for placement or for admissions. It is not, however, a “low stakes year” for *******. If we do not test 95% of our students, the school will automatically be categorized as a School Under Review by New York State. This will result in a series of measures which may force us to change our curriculum, our staffing decisions and our program. It most certainly comes with close review of the school by the state, along with the paperwork to defend the school’s performance. This may negatively affect the students who will be at ***** for the next couple of years.

According to Ms. Trout, parents in her school who wrote to the principal expressing their desire to opt out of the test were then contacted individually by the school’s parent coordinator with the following message:

Hello.  By refusing to participate, you are putting us in jeopardy of no longer being considered a school in good standing.  We must have 95% participation to keep our school grade as is.  I would ask you to reconsider having your children take the test.  It is actually good practice for  their high school career since they will be tested a great deal in the college application process!

She then contacted the office of the Public Advocate in New York City for clarification, and got quite a different answer:

Regulations state that if a district has 3 consecutive years failing a SPECIFIC category, then they can be identified. If one year it’s because of special Ed scores, next year participation rates, the next was a whole other category, then no changes. Has to be failure of the SAME category 3 years running.  Even the handful of districts that fell below 95% for 4 years in a row (handful in NYS) were still not penalized or labeled. The label forces a plan put in place to fix the category/reason for failure, in this case, a parent boycott. The state knew better than to go forward with any consequence. 

Districts that were focus districts last year AND had less than 95% were taken off the list. Doesn’t make sense that % alone would cause them to be labeled. I realize all of the above specifies districts, not schools. However,confirmed by DOE staffer: there is absolutely NO POLICY that says one instance of <95% participation would result in “automatic characterization” of anything by NYS. It’s not an “automatic” process and is in fact based upon the previous 2-3 years in the event that a school falls below 95% in one year.

The information given by DOE to the Public Advocate’s office is diametrically opposed to the information a middle school administration circulated to parents.  Ms. Trout asked her parent coordinator about this discrepancy and was told that the information was from a “directive” from the district superintendent. Again, this is completely out of proportion to what any other level of education governance in the state is saying right now, and it is vexing, not because the city administration believes in testing, but because it is relying on incomplete and often misleading means to support the tests.

There was a brief moment, when it looked like the NYC educational bureaucracy was softening a bit.  Chancellor Farina was reported as having said in a private meeting that she would consider opting out a child if that child had a certain kind of Individualized Education Plan or was a new arrival in the country with very limited English, and Mayor Bill de Blasio met with opt out advocates in order to hear their views, clarifying that he still thought the tests were important.

Any hope that there was room for openness at Tweed, however, was shut down rapidly as the tests began this week.  Chancellor Farina said that her earlier comments were taken “out of context” and she further chastised parents who opt out, saying: “I believe students go to school to be held accountable for their work…What are you saying about your child?  What are you saying about your belief in them to do something that they’ve been gearing for all year?” This statement is fairly breathtaking.  It is one thing to believe in a system of school accountability that includes standardized testing, although the history of the No Child Left Behind era is pretty clear on this: test based accountability has had 15 years for results and it does not have them.  But the Chancellor’s statement frames the accountability tests as objectives of the school year unto themselves.  The tests hold students “accountable for their work”?  The state standardized accountability test is “something they’ve been gearing for all year”?  I can honestly think of few ways of framing this worse than Chancellor Farina just did.  My children are preparing for many important things in their education this year – sitting in a standardized exam that takes longer to finish than the LSAT or the MCAT is just about the least important thing they could do.

I suppose — I just suppose — that we could be at least a little grateful for the wild spinning and random lashing out from the Chancellor’s office.  NYSED has tinkered a smidgen around the edges of the tests and they’ve taken a softer tone with the public.  But there can be no doubt – they want Opt Out to go away so they can keep these tests as the status quo.  Chancellor Farina, on the other hand, is being aggressive about her dislike for Opting Out, leading to repeated situations where parents are being told information that is flatly contrary to NYSED’s stated policies. History suggests that this level of overreaction and misdirection aimed at parents backfires.  If Opt Out grows in NYC, we might just have the Chancellor to thank for it.

Opting Out

 

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February 25, 2016 · 4:30 pm

No, You Cannot Test My Child

Dear Local Education Authority (LEA), State Education Authority (SEA), and Federal Education Bureaucrat (FEB?),

We are rapidly approaching the annual state mandated testing ritual in public school, and it has become evident that all of you are a little nervous about that.  I know this because you keep sending letters to each other about how important it is that every LEA test 95% of all children in every school and that every SEA make certain that LEAs know just how important this is.  Last Fall, FEB Ann Whalen sent a dozen SEAs letters explaining to them just how important it is that they meet their testing requirements and suggesting a range of measures, both persuasive and punitive, if LEAs did not make their testing goals.  This was followed by another letter to all states essentially reiterating the point. SEAs have been busy trying to impress upon their LEAs how seriously they take the federal requirement to test 95% of all students in all schools although with different approaches.  In Connecticut, state officials have more or less threatened LEAs, while New York, home of the largest test refusal movement in the country, has tried to woo back refusing parents to the wonderful world of testing with a series of concessions on the use of tests for teacher assessment and the timed nature of the tests and a nifty “tool kit” to explain how awesome testing can be.

So, okay, I get it: A lot of you SEAs have been nervous about what the FEBs are saying, and you are pressuring your LEAs to use both honey and vinegar to convince parents to just up and let their kids be tested already.

cat on leash

You still can’t test my kid.

I know that you are supposed to try to convince me, otherwise, and it is probably too much to ask you to save yourself the time.  However, if you do feel the need to persuade me that the testing ritual is excellent and worthwhile, you should know that I have heard most of your arguments, and, frankly, you need new ones.

To begin with, I am actually aware that my children will take tests during their lives, and it is not my intention to keep them from ever experiencing a standardized test.  The thing is that most of those tests will actually serve some purpose for their lives if and when they take them.  While standardized test measures are of questionable quality for college, graduate school, or professional school admission, where they are required to pursue those goals, my children will take them at the appropriate time.  You should also know that I expect my children to take teacher made tests throughout their education.  Tests and other assessments are part of an education, and professional teachers know how to use all kinds of tools to see how well their students are learning.

But when tests used for a state accountability system take nine hours – 6 hours LONGER than the LSAT and and an hour and half longer than the MCAT – and when the tests have to be taken every.single.year – something is seriously out of whack.  Of course, the tests themselves are not the only issue.  Because of the incentives attached to these tests, districts and schools across the country spend far more time preparing for and practicing test taking that any scheme for school accountability can justify.  Robert Pondiscio, Vice President of External Affairs for the pro-education reform Thomas B. Fordham Institute, gets this and has urged federal officials to back off the warped incentive systems that make standardized tests end unto themselves.  He’s argued that as long as punishing consequences for schools and teachers are attached to testing, we will have this problem.  So far, he hasn’t been listened to much.

So I expect that my children will taken standardized tests – possibly many over the course of their lives.  But when a state accountability test consumes so much time and is attached to stakes that warp my children’s education, well, the cart is definitely in front of the horse.

cart_before_horse

Further, I already know that it is a matter of faith at the Federal DOE that without testing we can never look a second grader in the eye and tell her ‘You’re on track, you’re going to be able to go to a good college, or you’re not.’ Frankly, if that is your goal for a conversation with a 7 year old child, then I’d kindly ask you to never visit a school, thanks, but beyond that, it remains a horrible failure of imagination to think that a state accountability test is our best and essential way to check whether or not an individual child is learning.  If you really want to increase the ability of parents to understand how well their children are doing, there are tools with far greater sophistication that teachers could actually use in their classrooms than an accountability test given in April whose results don’t come back until the next school year is well underway.  In fact, considering the amount of time in the school year spent scrambling to prepare for and to administer state tests, it is entirely counter-intuitive to think these tests are really good for telling me how my children are doing.  And if we need to increase parental engagement with their children’s education in all of our communities, what makes more sense?  Investing in strategies and programs that are proven to help parents and guardians connect with school? Or a two page score report that doesn’t include the slightest hint of what kind of test questions the test taker got wrong or how to learn from them?

The question was rhetorical, by the way.

tests-human-resources-cartoon-400px

I also understand that you want me to know that without a system of annual standardized testing with full participation then there will be no accountability for my local schools and they will be free to ignore the needs of minority children at will.  This is certainly an argument that has been made with vigor, and it is one our friends the FEBs have insisted is the primary reason for testing every child in every year.  I will admit there is something to this argument – not because annual testing has been a great force for making education for all students equitable.  Fifteen years in and test-based accountability has been pretty wretched at that goal.  It is, however, true that our school system has nowhere near the distribution of opportunity that would make the promise of a democratic school system a reality.

But test-based accountability has the whole thing reversed.  We have a test-based “achievement gap” which reflects the opportunity gap that exists across communities all over the country.  To suggest that the test measured gaps result in the economic gaps ignores every bit of nuance and complexity that we know about both poverty’s impacts and how segregation by income concentrates large percentages of children from poor households into specific neighborhoods.  The connection between poverty and tested results is so tight that Dr. Christopher Tienken and colleagues of Seton Hall University were able to use census data to accurately predict student proficiency scores on state tests in different communities.  State accountability testing is telling us very little that we do not already know.

On the other hand, those same tests have been giving ammunition to policies that insist upon educational “improvement” without focusing upon the resources necessary to work successfully with high need students: smaller class sizes, wrap around services, teacher retention policies, facility improvements, extended programs and after school supervision – none of it is free and very little of it has been offered to schools and districts under threat because of lagging test scores.  Instead of genuine investment in their schools and communities, these neighborhoods are offered the “creative disruption” of school privatization that saps resources from fully public schools without accountability – all justified by test scores.  No wonder then that there is a small but significant and growing conversation among civil rights activists about whether or not annual testing is the tool it was presented to be in NCLB.

charter

My family does understand the pressure you are under, LEA.  The SEA, under a lot of heat from the FEBs, has been issuing dire warnings if 95% of all students are not tested.  Most of that is just hot air, however, and as long as you do actually test the children whose families do not opt out, you have done what you can reasonably be expected to do.  We’ve spoken as a family all together, adults and children, and we simply do not think that any of the arguments you have made or are likely to make in favor of annual testing are going to sway us.  When there is a state accountability system that is rational and used as the basis for helping schools, teachers, and students, when we accept that community and school improvement have to happen together, and when we recognize that we cannot improve schools without committing the necessary resources, then we’ll reconsider our decision.

Until then, no, you cannot test my child.

 

 

 

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February 5, 2016 · 1:14 pm

New York Testing Gets a Bit Weird

I cannot imagine that it is easy being New York Stated Education Department Commissioner MaryEllen Elia.  Brought to Albany in May of last year, she came to a post where her predecessor, Dr. John King Jr., had strained relationships with many parents and communities to the breaking point.  Commissioner Elia arrived in the wake of record breaking test refusal in her new state, and her obvious job was to mend fences between NYSED and school districts and parents while not backing off of the Common Core Standards, the accompanying testing, and plans to use test data in the evaluation of districts, schools, and teachers.  In most respects, she was an ideal pick for the job.  She is clearly a believer in today’s reform environment, having taken on a $100 million grant for Florida’s sprawling Hillsborough district from the Bill and Melinda Gates Foundation  to implement the foundation’s vision of teacher effectiveness (a vision that turned out to be an expensive bust that lost funding and was ultimately abandoned by the district).  More importantly, Commissioner Elia is a lifelong educator with thorough knowledge of how complicated the stakeholders in education can be, knowledge that seemed to elude her predecessor whose actual school experience was mostly limited to no excuses charter schools.  Regardless of one’s opinions about Common Core or state testing, Commissioner Elia seemed well positioned to ease tensions in the Empire State.

That was the theory, anyway.

Commissioner Elia began her tenure with a “listening tour” where she visited districts across the state to hear concerns and make the case that the state was heading in the correct direction – even if that direction was causing widespread concerns.  This was meant to distinguish herself from Commissioner John King who was widely regarded as unwilling or unable to listen, and to present herself as an NYSED Commissioner eager to discuss with the public.  One can probably give Commissioner Elia credit for both speaking to the public and for sticking with her belief in the importance of annual testing.  In a talk at Sweet Home Middle School in the Erie County school district where Commissioner Elia began her teaching career, she told attendees that “Life is one big test.  We have go to get to the point where people are at peace with that.”

Commissioner Elia’s tone took a turn by the end of the summer, however, when both she and representatives from the federal DOE discussed the need for plans to reduce opt outs in New York.  The Commissioner probably felt that she would have some support from both Governor Andrew Cuomo and Chancellor of the Board of Regents Merryl Tisch.  After all, Governor Cuomo unleashed a torrent of harsh measures using annual testing in his 2015 budget address, and Chancellor Tisch, speaking to the New York State Council of School Superintendents, compared opting out of state tests with refusing to vaccinate your child.  Commissioner Elia probably felt she had plenty of back up when she followed her conversations with Washington on possible consequences for districts with high opt out numbers with her own opinion that the movement was “not reasonable” and that any educators who supported it were “unethical”.

In short order, however, the Commissioner found herself standing alone with both Chancellor Tisch and Governor Cuomo emphatically denying any plans to threaten school districts with loss of funding if they had high opt out rates.  Commissioner Elia quickly admitted that parents have the right to opt their children out of the state exams, although she also emphasized that she hoped to convince them otherwise.  Governor Cuomo followed this in September by announcing a commission to review the Common Core standards and their implementation in New York.  The Regents, meanwhile, after giving districts more time to work out how to use state tests in teacher evaluation, announced a two year moratorium on the use of the state tests for those evaluations – although local tests will still need to be used.

Then last week, Commissioner Elia announced the latest changes to testing in the Empire State – removal of time limits on the state examinations:

“I heard from parents across this state and from teachers that part of the stresses that we had on our kids was that they were timed, and particularly younger children,” the commissioner said in a question-and-answer period following her testimony on Gov. Cuomo’s $145 billion budget proposal.

“So if they are working productively, then they will be able to continue the assessment in a setting where they can read, comprehend and respond to the questions that correspond,” Elia said of students who will be taking the tests this year.

Interestingly enough, it is possible for standardized tests, especially criterion referenced tests, to be administered without time limits.  After all, if the purpose of a test is to see if a child knows a specific bit of content or skill, the ability to do it in 5 minutes versus 10 minutes is not as significant as actually knowing it.  And I will go out on the limb and simply acknowledge that anything which reduces the likelihood that 8 year olds will vomit and wet themselves during testing is a move in the right direction.  That’s the good news.

On the other hand, one does have to wonder how this move reduces the amount of time consumed by state testing, and the logistic challenges with schools potentially having to proctor students for very various lengths of time will be interesting.  Moreover, will all of these moves by high authorities in Albany – increasing the length of time to modify and implement Common Core Standards, a temporary moratorium on high stakes purposes for the state standardized exams, removing time limits from the exams themselves – do anything to make a dent in the state’s nation leading opt out numbers?  All of these options were available a year ago, but Governor Cuomo and Chancellor Tisch chose to pursue a punishing agenda on teacher and school evaluation, only backing off when the governor’s approval ratings plunged and the scale of test refusal became clear over the summer.  With the federal government strongly urging state education authorities to get a handle on their test refusal situations (or risk sanctions from the USDOE), it seems most likely that all of these moves are designed to keep opt outs from increasing this year and to convince parents who refused the tests last year to come back.  After all, visibly beating up on schools and teachers got them where they are now.  Maybe a velvet glove will help.

Opt Out leaders are not buying it.  Former New York school principal and current director of the Network for Public Education Carol Burris sees Opt Out as permanent fixture in education unless more dramatic changes are made.  According to Ms. Burris, leaders in the movement remain unconvinced and are energized by USDOE moves to convinced states to lower the boom on test refusal:

Jeanette Deutermann, lead of the Long Island, New York Opt Out, agrees. And she is furious with what she sees as the scare tactics being spread by the media based on the threatening letter issued by Acting Secretary of Education John King.

“As opt outs take root in NY and spread across the country, the federal and state governments continue to play a bizarre game of “yes we will, no we won’t” concerning funding threats. This year the threat took a different spin. The Feds gave the states a great little ‘bullying toolkit’ which basically says, ‘these parents aren’t afraid of us. Make sure they’re afraid of YOU.’ They came up short on one key fact: the USDOE and the SED have no authority to strip our schools of funding for a parent-led action. Our schools are in compliance. Our children are administered the test. We, the parents, direct our children not to take it. There is no law or regulation in NY that affords the SED the right to arbitrarily decide to withhold funds from our local districts.”

Other leaders in test refusal agree, citing the efforts from Albany as entirely missing the point of their concerns over the tests and accompanying policies.  President of Community Education Council 31, Michael Reilly, told Chalkbeat: “I think she’s trying to put a bandaid on the issues that parents and educators have raised…This is one attempt to appease parents. Unfortunately, I don’t think it’s well thought out.”  Lisa Rudley of New York Allies for Public Education was dismissive and said that Commissioner Elia was still treating the tests as more misunderstood than in need of major changes.  Time, of course, will tell, but New York’s strongest opponents of the current testing environment are thoroughly unconvinced and confident that test refusals will continue.

Maybe next year, Governor Cuomo can propose a new iPhone for every family that opts in.

 

 

cat on leash

NYSED Trying To Convince Opt Out To Just Take The Test Already….

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January 28, 2016 · 3:56 pm

Andrew Cuomo and the Difference a Year Makes

New York Governor Andrew Cuomo began 2015 with a hard charge against public schools and public school teachers in particular.  Having called public education a “monopoly”  he wanted to “bust” during his reelection campaign in 2014,  he vetoed a bill his own office had proposed that would have protected teachers and principals from consequences because of low test scores for a two year period, and his office opened a correspondence with Regents Chancellor Dr. Merryl Tisch where they both agreed that it was necessary to change teacher and principal evaluations to greatly increase the portion determined by growth measures on standardized tests.

The Governor came out swinging for New York’s public schools in his 2015 State of the State Address, delivered on January 21st:

Education – the great equalizer. And this is the area, my friends where I think we need to do the most reform and frankly where reform is going to be difficult, given the situation of the way education is funded in this state. Our education system needs dramatic reform and it has for years and I believe this is the year to do it. This is the year to roll up our sleeves and take on the dramatic challenge that has eluded us for so many years for so many reasons.

Governor Cuomo dedicated 2,254 words of his 10, 324 word speech to P-12 education, and he certainly kept his promise to put forth “dramatic reform.”  He attacked the quality of teachers by citing a entry exam that nearly a third of prospective teachers did not pass in the previous year.  He attacked the then existing teacher evaluation system in the state, which he had previously championed, as “baloney” because it rated too many teachers as effective and highly effective.  The Governor justified this by citing that “only” 38% of students were “college ready” and he rattled off other proficiency levels on state exams as more proof that very many more teachers have to be rated ineffective.  In doing so, he failed to mention that the cut scores for “proficient” and “highly proficient” were deliberately pegged by the New York State Education Department to scale scores that only about a third of students were expected to reach.  Despite this, Governor Cuomo took it as a matter of faith that many more teachers deserved to be labeled ineffective, and his proposed teacher evaluation system shifted 50% of teacher evaluations to student growth on standardized exams.  Further, he demanded the use of outside evaluators for teacher observations, and the book that was released with his address specified that those evaluators would count for 35% of teachers’ ratings, leaving local administrators with only 15% of input on their own teachers.  He also called for tenure to be limited to teachers who received 5 consecutive years of effective ratings, and he offered a $20,000 bonus for highly rated teachers.  That was joined by a proposal to allow school districts to get rid of any teacher with two ineffective ratings.

The Governor went on to scoff at the idea of more money helping the schools he labeled as failing, and instead called for any school that is deemed failing for three years to be turned over to another school district, a not-for-profit, or a turn around “expert” and he specifically cited charter schools as part of that effort, calling for statewide cap to be lifted.  Governor Cuomo addressed funding, but largely to hold the state’s school hostage to his reforms: he proposed an increase in funding of 4.8% or $1.1 billion if, and only if, the legislature passed his reforms – otherwise, the increase would top out at 1.7% or $377 million.  Mind you, this is in a state where Albany has continued to use the Gap Elimination Adjustment for years after the economic crisis eased, cutting promised aid from school districts to plug holes in revenue shortfalls for the entire state budget.  This accounting trick has cost New York public schools billions of dollars in promised state aid from an aid budget that itself was short $5.6 billion needed to meet long promised commitments to equity in school funding.

The Governor forcefully went after this agenda, spending copious amounts of political capital and goodwill among the public, and while he did not get everything he wanted, on teacher evaluations, he finally forced state lawmakers to give him precisely what he wanted in order to meet the budget deadline.  By all accounts, Governor Cuomo had won a sweeping change that was bound that transform New York into a cutting edge laboratory in the “test and punish” philosophy of education “improvement”.

What has happened since then has been a lot different.

Over the summer, NYSED’s new Commissioner, MaryEllen Elia, went on a “listening tour” of the state to, in theory, hear concerns of parents and teachers after the rocky tenure of her predecessor Dr. John King, Jr., but she also made her take on high stakes testing apparent by calling life “one big test“.  Commissioner Elia’s “charm” took a different turn when she announced to reporters that her office was in communication with the federal education department over potential consequences for schools and school districts that failed to test 95% of all students.  However, that stance was almost immediately reversed by Regents Chancellor Tisch who declared that Washington was leaving the matter to the state and that the Regents had no intention of withholding funds, and even Governor Cuomo echoed that sentiment, leaving the new Commissioner out on a limb from which she bid a hasty retreat.

Things got even weirder in the Fall when Governor Cuomo, citing widespread dissatisfaction with the implementation of the Common Core State Standards as well as questions about their quality and lack of input from stakeholders, announced a new commission to review the standards, review New York’s curriculum guidance and support, and review the testing environment in the state.  The commission returned in December with a framework of proposals, including pushing full transition of changes to how standards are implemented and teachers are evaluated out to the 2019-2020 school year, although critics remained only cautiously skeptical.

Meanwhile, Regents Chancellor Tisch was seeking wiggle room in the reform environment as well.  As early as April last year, she suggested that school districts would need an additional year to implement the evaluation system passed in the state budget, and in December, the Board of Regents went further by pushing the deadline for using state test scores in teacher evaluation to the 2019-2020 school year as well.  While most districts are still operating under the previous evaluation system where 20% of teacher evaluation is based upon state scores, 20% based upon local measures, and 60% on observations, this move by the Regents means that the portion tied to the contentious state tests needs to be replaced locally – and if implementation of the new evaluation system happens in the following year, towns will still need more local measures since the state tests will not be used in evaluation.  Currently, 83 districts managed to negotiate an approved implementation of the new evaluation system, but they will now need measures other than the state exam.

Governor Cuomo took to the stage again this month to deliver his 2016 State of the State address, and the tone could hardly have been more different.  Last year, more than a fifth of the 10,300 word address was dedicated to his punishing P-12 education agenda.  This year? 364 words.  Out of a 9,683 word speech.  Barely 3.75% of his address.  And what did he offer?

  • He bragged a little bit about reforms that he made no mention of last year – like increasing parental involvement and reducing testing and the Common Core recommendations.
  • An increase of $2.1 billion in funding over 2 years.
  • Using that money to end the Gap Elimination Adjustment.
  • He made a vague call to turn “failing” schools into community schools, and repeated a positive platitude or three about charter schools.
  • Suggested that we can attract and keep the best teachers – by offering a $200 tax credit to cover their out of pocket expense. New York teachers may not have to worry any more about choosing between decorating their classrooms and a visit to the dentist.

This is, shall we say, a far less ambitious and far less confrontational agenda for a Governor whose donor base expects sweeping changes that benefit their interests.  Is there something that might account for such a dramatic change in tone and ambition?

 

Oh, right.

After months of Governor Cuomo’s aggressive charge against New York teachers, and after months of protests across the state, the Common Core aligned state assessments were given and reports of huge opt out numbers came in.  In August, those numbers were confirmed: 20% of New York State students eligible to take the tests, roughly 200,000 in all, refused them. This was huge increase over the previous year, and a majority of New York school districts did not test the 95% of all students required by federal law with a substantial number seeing refusal rates above 50%.  Governor Cuomo, aided by Chancellor Tisch and former NYSED Commissioner John King, managed for foment a full blown parents’ revolt against his education priorities, and everything we’ve seen since the budget bill last April – Commissioner Elia’s threats and rapid retreat, Chancellor Tisch pushing the new evaluation system off for a year, Governor Cuomo’s Common Core and testing commission, the Regents delaying using state test scores in teacher evaluations, Governor Cuomo reducing his own education agenda to “YaddaYaddaYadda – Teachers are swell” – is likely a sustained effort to put out fires and take the urgency out of test refusal.

This being Andrew Cuomo, of course, changes in tone are not necessarily tied to changes in substance.  While state tests may be on hold for teacher evaluations until 2019-2020, that merely represents a delay, and districts will still have to use some kind of test data for 50% of teacher evaluations when the new teacher evaluations actually get started next year. Assemblyman Charles Barron correctly points out that Governor Cuomo’s promised increase in school funding is more spin than substance, amounting to barely a portion of what the state still owes school districts under agreements made long ago.  In fact, the governor’s proposal would use much of that increase to stop hacking away at promised, inadequate, aid via the Gap Elimination Adjustment, which is a bit like asking school districts to be happy that they will only be starved rather than starved and punched.  Finally, nobody should forget how Governor Cuomo made a long list of promises to secure the endorsement of The Working Families Party and head off a challenge from his left in 2014 – only to give the progressive party the royal shaft.

Andrew Cuomo wants New York’s families and teachers to believe he is a changed and humbled man.  History suggests it is a scam.

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January 12, 2016 · 3:31 pm

Connecticut Recommends Thumbscrews

Connecticut’s Democratic Governor Dannel Malloy does not always grab attention in the annals of corporate education reform.  Wisconsin Governor Scott Walker has made battles with public unions more central to his image.  New Jersey Governor Chris Christie plainly relishes getting to act “tough” and yell at teachers questioning his agenda. Democratic Mayor of Chicago Rahm Emanuel shuttered 50 public schools, mostly serving ethnic minority children, in one go, without caring to listen at all to the residents of the impacted neighborhoods.  Neighboring governor and fellow Democrat Andrew Cuomo of New York staked a huge portion of his agenda for 2015 on ramming through controversial education reforms, and his approval rating both overall and especially on education have tanked in a highly visible manner.  Compared to headline grabbers like these, Governor Malloy does not seem to get much attention.

Which is a shame because when it comes to the Holy Trinity of education reform – common standards, standardized testing tied to punitive consequences, and preference for charter schools over district schools, Governor Malloy is the complete package. In 2012, he called for major changes to teacher tenure in Connecticut, earning praise from ConnCAN, an education reform group promoting charter schools.  Facing push back from teachers and parents about the pace and nature of education reforms, Governor Malloy was forced to call for a “slow down” in the pace of reforms, especially tying teacher evaluations to standardized test results.  $91,000 in campaign donations flowed to Connecticut Democrats from a single wealthy businessman and charter school advocate, Jonathan Sackler, and three members of his family; those donations and others from Wall Street were rewarded with proposals for over $21 million in new charter school funding while public school spending remains flat.

It is pretty clear that Governor Malloy stands shoulder to shoulder with New York’s Andrew Cuomo and Chicago’s Rahm Emanuel even if he prefers to draw less national attention to himself.  So it is perhaps not surprising that his education department is contemplating thumbscrews for the Opt Out movement in Connecticut.

Opt Out was not the force in Connecticut that it was in neighboring New York with only 11,200 students not taking the state exams while the state says 267,000 did.  However, a number of individual districts did not meet the 95% testing requirement of No Child Left Behind which was continued in the new Every Child Succeeds Acts, and in some districts those numbers were significant. Roughly 7 out of 10 high school juniors opted out in Stonington, and participation fell below 95% in over 30 communities.

This Fall, roughly a dozen states got a letter from Ann Whalen at the US Department of Education, an adviser who is acting as the assistant secretary of elementary and secondary education, reminding them that their districts need to test no less than 95 percent of all students and that the state needs an action plan to deal with those who do not.  The letter opens by reminding state chief education officers of the legal requirements to test all children in grades 3-8 and once in high schools, that the examinations must be same for all students, and no student may be excluded from the examinations.  Ms. Whalen asserts that the sections of the law she cites “set out the rule that all students must be assessed.” The letter continues to remind the state officers that both their state and local authorities who receive Title I, Part A money assured that they would test all students in accordance with the law.  Ms. Whalen also offers “suggestions” for actions state education authorities can take to address participation in the assessments:

  • Lowering an LEA’s or school’s rating in the State’s accountability system or amending the system flag an LEA or school with a low participation rate.
  • Counting non-participants as non-proficient in accountability determinations.
  • Requiring an LEA or school to develop an improvement plan, or take corrective actions to ensure that all students participate in the statewide assessments in the future, and providing the SEA’s process to review and monitor such plans.
  • Requiring an LEA or school to implement additional interventions aligned with the reason for low student participation, or even if the state’s accountability system does not officially designate schools for such interventions.
  • Designating an LEA or school as “high risk,” or a comparable status under the State’s laws and regulations, with a clear explanation for the implications of such a designation.
  • Withholding or directing use of State aid and/or funding flexibility.

Ms. Whalen also reminds the states that they have “a range of other enforcement actions” including placing conditions on Title I, Part A grants or even withholding them.  For a real kicker, she goes on to say that if states with less than 95% participation in the 2014-2015 school year do not assess 95% of students this year, then the federal education department “will take one or more of the following actions: (1) withhold Title I, Part A State administration funds; (2) place the State’s Title I, Part A grant on high-risk and direct the State to use a portion of its Title I State administrative funds to address low participation rates; or (3) withhold or redirect Title VI State assessment funds.”

Short version: States with Opt Out numbers that put them or local districts below 95% test participation must bargain, cajole, plead, or threaten districts and schools into making that target.  The Federal Education Department has put in writing that not only failure to take action to address low assessment rates, but also failure to meet the 95% target this year, WILL result in some form of punitive action from Washington.  Presumably, the degree of the punishment will depend upon how vigorous the state actions are.  It is also safe to assume that the Education Department offices in Washington have a new logo:

DOE seal

 

Connecticut got its own version of this letter from Dr. Monique Chism in the office of state support, and Connecticut’s Commissioner of Education Dr. Dianna Wentzell quietly sent the state’s reply on December 4th, waiting until December 28th to release it to the public. In the letter, Dr. Wentzell assures Washington that although Connecticut met the 95% participation rate statewide, they are “not pleased” that a number of districts did not do so, and the state has devised a tiered intervention system to “ensure that districts meeting the standard are commended, those failing marginally are gently alerted, and those falling behind are strongly reminded of the potential consequences and provided support to remedy the situation in 2015-2016.”  In the next school year, Connecticut’s accountability system will “lower a school by one category for low participation rates in the 2015-2016 year.”  The system is explained in a graphic:

con consequences

Districts in Connecticut are now warned: if your test participation rates were below 80% in any category, funds WILL be withheld if this year’s participation rate is not at least 90%.

This remains as problematic as it has been every time the federal government or a state entity has raised it.  Yes, it is true that federal law requires that at least 95 percent of all students in all subcategories are tested in the participating grades.  Yes, it is true that state and local officials have to do what they can to test the students in the participating grades and have almost no legal authority to exempt any of those students.  However, the statute was written to prevent states and local school authorities from hiding low performing student populations from accountability systems.  I challenge Dr. Wentzell, Dr. Chism, or Ms. Whalen to find a single line of statutory authority to compel parents to submit their children for examination or to find any legislative intent in the original NCLB legislation or its successor to punish schools and districts for not exerting 95% control of the parents in their district.  There have been schools since 2001 who have not managed to test 95% of their students, but there is not a single example of a school being punished for that.

In the end, Connecticut, at the prodding of the Federal Education Department, is setting itself up for an unpleasant confrontation with parents, often parents that elected officials find difficult to ignore, with very shaky legal footing.  North Haven High School, for example, had extremely low participation rates on the 11th grade exams.  The community also has a median home value $22,000 above the state median and median household income $16,000 above the state median.  With only 4% of its residents below the poverty line compared to the state average of over 10% it is unlikely that North Haven’s schools rely significantly upon Title I funds, so it is unclear exactly what money Dr. Wentzell would withhold.  However, the loss of any money intended to help children who are in poverty based upon actions of parents rather than upon actions of school authorities is unprecedented, contrary to the intention of any federal and state accountability laws – and far more likely to increase the parental backlash than to bottle it up.

 

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Filed under Activism, Dannel Malloy, ESSA, Funding, NCLB, Opt Out, politics, Testing

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December 8, 2015 · 1:42 pm

New York Times Editorial Board on Annual Testing: “PREECCCIIOOOUUUUSSS!”

The Editorial Board of The New York Times is a reliable source of pro-education reform articles, and yesterday they published their take on the potential new testing environment that will be ushered in if the “Every Student Succeeds Act” (ESSA) is passed and signed into law.  The Board was relieved that earlier drafts which “seemed poised to weaken…its protections for impoverished children” were changed in the final legislation and urged its passage by the Senate.  What “protections” for our most vulnerable children were at stake?

Annual standardized testing of all children.

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The Board acknowledged flaws with how No Child Left Behind labeled and sanctioned schools, noting that testing well beyond federally required exams proliferated as states and school districts administered diagnostic and practice exams lest they fail to prepare students for the examination with potentially dire consequences.  They also correctly noted that the backlash against testing is justified – even if they only tangentially admit the central role of federal policy across two administrations in getting us to this point.  However, they also celebrated the preservation of annual standardized testing of all students in grades 3 through 8 and once in high school, and they approved of maintaining the requirement that schools must test 95% of all students and called it a discouragement to the opt-out movement.

The Editorial Board treads familiar, almost entirely mythological, ground with their defense of annual testing of all students:  Once upon a time, the federal government “kept doling out education money to the states no matter how abysmally their school systems performed,” and the requirement for mass standardized testing was “to make sure that students in all districts were making progress and that poor and minority students were being educated.”  This mythology is summarized by the Board’s concern that previous ESSA drafts “would have allowed state to end annual testing altogether, which would leave the country no way of knowing whether students are learning anything or not.” (emphasis added)

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This is, as usual, a staggering lack of imagination, and an insistence upon maintaining annual tests because of properties they do not possess.  Only testing every child in every grade level lets us know if children are learning.  Only testing every child in every grade allows us to hold districts and schools and teachers accountable.  If we do not test every child in every grade, then historically disadvantaged populations will be allowed to sink even further and the promise of equal opportunity will be lost.

Such statements might have been viable in 2001 when the NCLB legislation was passed with bipartisan support, but after nearly a decade and a half, there is no evidence to be found that test based accountability is telling us anything we did not already know from other means, nor is there evidence that the children whose plights provided NCLB’s rationale are prospering. To be honest, at this point in our policy cycle, it takes a love of annual standardized testing similar to Smeagol’s love of the One Ring to be blinded as to how thoroughly it has failed to improve our schools.  Consider the latest round of data from the National Assessment of Education Progress.  NAEP, dubbed “The Nation’s Report Card,” is a set of standardized tests given to a representative sample of students in 4th grade, 8th grade, and high school from all states every other year, and it is the only consistent measurement of student knowledge across 4 decades of administration.  The 2015 results were released this Fall, and they do not speak well of test-based accountability and its impact on the “achievement gap” between majority and minority children:

NCLB Era Reading Gap

If we mark the NLCB era from the 2002 test administration, then we have to conclude that, in the 8th grade reading NAEP, the gap in scores between white and black students has closed a grand total of one point.  The 4th grade gap has closed a more generous four points in the same time.  In mathematics, the NCLB era has seen a score gap in both 4th and 8th grade close all of three points.

One might suppose, given the enormous importance of annual testing of all students imagined by The Times and other testing advocates, that we must surely see far worse in data from previous eras, and to be certain, the period from the late 1980s until the mid-1990s saw distressing increases in test measured gaps before they stabilized prior to NCLB.  However, before the late 1980s, there was another picture altogether:

NAEP Reading13 year old math NAEP

In both reading and mathematics for 8th graders, 1973 through 1988 saw sharp decreases in the measured achievement gaps, closing by 21 and 22 points respectively.  While no single factor can wholly account for this, it is hardly surprising that the substantial progress towards educational equality began to erode as our nation abandoned policies of active integration and fair housing during the Reagan administration and as courts with larger conservative majorities released school districts from oversight with integration in mind.  The reality is that integration is a key improvement strategy for our nation’s most at risk students, and national policy has largely abandoned it in favor of first the standards based accountability policies of the late 1980s and the 1990s and then the test and punish policies of the NCLB era.  With soaring inequality impacting the majority of Americans and our communities and with our collective abandonment of integrated, mixed-income housing contributing to the highest levels of income segregation in the post-War period, why do we need to test every child in every grade in every year to learn that the trends which have negatively impacted almost all Americans and their communities have also impacted our schools?

The Times‘ Editorial Board betrays a staggering lack of imagination when they insist that we must test annually to know “whether students (are) learning anything or not.”  Dr. Bruce Baker of Rutgers University argues cogently that if the purpose is to use standardized test data to monitor schools and school systems, you do not need to test every child every year at all; that can be accomplished by testing samples of students every couple of years.  Further, if your goal is to know if individual students are progressing in their learning then there are far more important tools that could be used by teachers in formative assessments without any stakes attached that could inform them and parents far more effectively than a mass standardized test whose results come back well into the following school year.

It is also entirely possible to hold schools and teachers accountable without our mass testing ritual and all of the distortions it causes to genuine learning.  Grade span testing or semi-annual of student samples would give state and federal officials sufficient data to know when a closer look at a district or school is warranted (although, just like with annual testing, it does not remotely explain what will be found when looking).  There are nearly infinite alternative measures of schools such as graduation rates, suspension rates, teacher retention and turnover, teacher qualifications, class sizes, post graduation reports, student engagement, parental engagement, parent satisfaction surveys.  Every one of these items – and many others – is a way of understanding what is happening inside of a school, and while ESSA allows states to design accountability systems that use them, the role of testing data will still remain grossly outsized.  We also have alternative models of accountability that involve both community stakeholders and teachers themselves such as the local accountability and funding formula efforts in California and peer review systems that already have substantial success where they have been employed.  Robust models of teacher accountability exist, and they emphasize the role of teachers as professionals capable of engaging in substantive understanding of their own work and the role of evaluation in supporting teachers as its primary goal.

There is a limited role that standardized test data can play in a comprehensive system of school monitoring, development, and accountability, but it must play a small role at best in coordination with a system that is premised on support and development.  However, no school accountability system, regardless of premise, is capable of turning around a 40 year long, society spanning, trend towards inequality and segregation. That requires far more than clinging to annual, mass, standardized testing as our most vital means of giving every child access to an equitable education, and if The Times and other testing advocates really cannot see past that, then they are not merely shortsighted; they are clinging to damaging and delusional policies.  A bit like our, poor, deluded Smeagol and his final cry of “Precious!”

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The last supporter of annual testing?

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Filed under Data, ESSA, Media, NCLB, Opt Out, politics, standards, Testing

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December 2, 2015 · 6:13 am

Preparing for the Post-NCLB World

Barring substantial shifts in the political landscape, both houses of Congress are expected to vote on the re-authorization of the Elementary and Secondary Education Act which has just come out of the conference committee.  If passed in both the House and the Senate, the bill, dubbed the Every Student Succeeds Act, is expected to be signed into law by President Obama before the end of the year.  This will officially usher us into the post No Child Left Behind era, and, as is typical with legislation nowadays, there is something in the final product to frustrate and worry pretty much everyone.  While ESSA represents tangible improvements over the widely hated NCLB, there are worrisome elements in it and a great deal of larger and more fundamental aspects are handed over to the states where we can probably expect prolonged fights over implementation.

Nineteenth Century lawyer-poet John Godfrey Saxe noted, “Laws, like sausages, cease to inspire respect in proportion as we know how they are made.”  He probably had something like the agonizing and lengthy wrangling over rewriting the Elementary and Secondary Education Act in mind when he said it, especially this final stretch when lawmakers will vote on a 1000 page long conference bill they have not read thoroughly.  And, indeed, it seems some choice bits got chopped up and inserted into this final version, notably a chance for private financial interests to make money on public education dollars.

we-re-making-sausages-o

Consider language for Title I, Part D for prevention and intervention programs for children and youth who are neglected, delinquent, and at risk, section 1424 allowing funds to go to “pay for success initiatives,” and similar language in Title IV, Part A.  ESSA defines a “pay for success initiative” as a “performance-based grant, contract, or cooperative agreement awarded by a public entity in which a commitment is made to pay for improved outcomes that result in social benefit and direct cost savings or cost avoidance to the public sector.”  The gist is that private entities can put up money as a loan for a public program and if they save money in the process of being more effective or more efficient than the public sector, they can keep a portion of the money saved. This is the kind of creative use of private philanthropy and financing that is supposed to incentivize deep pocketed entities to do good – and end up doing right well in the process.

Goldman Sachs experimented with the model in Utah by financing preschool for 595 additional children in a well regarded program, 110 of whom were expected to need special education services. After a year in the Goldman sponsored intervention, only 1 student entering Kindergarten was found to need those services, and the financial giant will now be paid $2500 per pupil per grade without special education services until students reach sixth grade when the amount of money will go down. That’ll come to $1.9 million dollars on top of the original money loaned and paid back.

Fred Klonsky, a retired Chicago teacher and current blogger, is highly skeptical both of the payments back to Goldman and of the claim that 109 students out of 110 were no longer in need of special education services after a year in preschool.  I have to admit that I share that skepticism and certainly think that social impact bond financing allowed in ESSA will require very vigilant monitoring to make certain outfits like Goldman Sachs are not creating perverse incentives to simply overlook a need and “save” money.  They are a largely unproven vehicle for creating social change, although some are organized to minimize risk for private capital while giving them a lucrative upside.  It isn’t hard to imagine who lobbied to get that language inserted into the Title I and Title IV changes then.

For that matter, as Mercedes Schneider notes in her first assessment of the bill, charter schools get a big, wet kiss, and there are grants that read as friendly to Teach for America’s role in “teacher preparation”.

So – sausage.

That said, there are many changes to the current education landscape contained in ESSA, many of them positive.  The Badass Teachers Association has a solid look of the good and the far less than good in the bill.  On the troubling side, ESL students are potentially labeled using very crude means, encouragement of merit pay, misplaced confidence in adaptive assessments and misgivings that “individualized instruction” will lead to more time in front of screens rather than with teachers, and, of greatest concern, continuation of NCLB’s requirement of annual testing of every child each year between grades 3 and 8 and once in high school and it caps alternate assessments for disabled students.  However, ESSA spins much more authority for accountability and assessments to the states, includes mechanisms to improve teacher workplace conditions, prohibits the federal DOE from interfering in state laws regarding parents opting children out of state assessments, and there are positive developments for homeless children, impact aid, Native American education, state innovation and local flexibility.

Most notable, however, are the repeated smack downs of the federal Department of Education and clear prohibitions on the Secretary of Education taking an active role in shaping state policies regarding standards, assessments, and accountability systems.  Consider this from Title VIII, section 8526:

No officer or employee of the Federal Government shall, through grants, contracts, or other cooperative agreements, mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic standards and assessments, curricula, or program of instruction developed and implemented to meet the requirements of this Act (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards), nor shall anything in this Act be construed to authorize such officer or employee to do so.

I believe that when historians write the story of the Test and Punish Era of public school reform, this language will be noted as the “Take A Seat, Arne” Act of 2015.

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Education Week noted a week ago that “accountability hawks” were already unhappy with the information coming out of the conference committee.  Sandy Kress, an original designer of NCLB, worried that states were going to be allowed to create accountability systems not based on student learning.  Chad Aldeman, a partner at Bellweather Education Partners, worries that states will give in to inertia and not push for improvements for their most at risk students.  Meanwhile, the National Association of Secondary Schools Principals applauded the available framework, noting the removal of Annual Yearly Progress (AYP) requirements and “unworkable” school turnaround models.  The National Governors Association announced full approval for the conference bill, saying that it “restored the balance” between Washington, D.C. and the states.

So – is NCLB well and truly dead?

Not exactly, no.

While some of the worst provisions of NCLB have finally had a stake driven into their hearts, the states are still required to test and the create accountability systems, so the upshot is that making sure both those tests and the systems are fair and based upon what schools and children need will now have to be done state by state.  Monty Neill of FairTest notes that this will not be a simple matter: States still have to rank schools largely on test scores, there is ambiguity on how “additional indicators” for English Language Learners will be weighted compared to test scores, states have to identify the bottom 5% of schools based on test scores and intervene with measures designed by the state.  In other words: whether or not schools find themselves under a test and punish regime or in a monitoring and support system will largely depend upon how states treat their newly reclaimed authority.

There is no reason to believe that the advocates of test and punish will pack up shop now that the Secretary of Education has been severely limited.  After all, federal help was useful for the spread of the Common Core State Standards, the testing consortia, and the adoption of growth measures in teacher evaluation, but it was hardly to only entity to help.  Both the National Governors Association and the National Council of Chief State School Officers were on board with the Common Core State Standards and the shared assessments.  The Gates Foundation is certainly active in state and local education policy, using grants and other leverage to push through favored policies. Powerful private interests have financial stakes in declaring public schools failures and turning them over to private management.  They give lavishly to their allies in state government.  Think about governors like Andrew Cuomo of New York, Dannel Malloy of Connecticut, Chris Christie of New Jersey, and Scott Walker of Wisconsin – advocates of our fully public schools have our work cut out for us.

So – roll up your sleeves wherever you live and work.  This has only just started.

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