SBE pulls a surprise

State Board votes 4-3 to give districts waiver option on testing

A divided State Board of Education has fired the first official shot in Colorado’s 2015 testing wars, but it remains to be seen if that action is a live round or a dud.

The board Thursday voted 4-3 to allow school districts to seek waivers from administering the first part of PARCC tests in language arts and math, scheduled to be given in March.

Senior Assistant Attorney General Tony Dyl told the board it doesn’t have the authority to do that, and Education Commissioner Robert Hammond said he wouldn’t grant such waivers unless told he could do so by the attorney general’s office.

“Should this motion pass it probably wouldn’t have legal effect,” Dyl told the board before the vote. “This is a part of the law you do not have the power to waive.”

Hammond told the board, “If you pass this motion I will not implement it until I get guidance from the attorney general’s office. … It could have widespread implications on schools.”

The motion was made by Steve Durham, a new Republican board member from Colorado Springs, and seconded by Deb Scheffel, a Republican member from Douglas County, Also voting for it were new Democratic member Valentina Flores from Denver and Republican Pam Mazanec from Douglas County.

“If the commissioner elects not to grant those [waivers] that’s up to him,” Durham said. “I believe a much fuller legal analysis is required, and I fully intend to meet with the attorney general.” Interviewed after the meeting, Durham said, “I hope someone makes a waiver request and moves it forward. … Should the commissioner decide he does not want to grant a waiver, then someone who applies for a waiver and is not granted one can litigate the question.”

Voting no were chair Marcia Neal, a Republican from Grand Junction, and Democrats Angelika Schroeder of Boulder and Jane Goff of Arvada.

“If we pass this motion it will cause chaos in the state and in the districts,” Neal said. “This is a terrible motion. We need to defeat it and then we need to work to get this state out of PARCC.”

Neal also said, “I would get out of PARCC if I could. We don’t have that ability with the legislation that’s in place.”

The issue wasn’t on the board’s agenda and was brought up suddenly by Durham, a veteran lobbyist and former Republican legislator who recently was appointed to fill a board vacancy.

Durham said after the meeting that he tried to get the issue on the board’s agenda but wasn’t able to. Referring to his legislative skills, Durham said he tried to “shoehorn” the motion into an appropriate part of the meeting. The board was being briefed on school finance when Durham asked about the cost of testing and then brought up the motion.

The language arts and match PARCC tests are scheduled to be given in two parts, one in March and another at the end of the school year.

Durham argued that districts should be able to give only the end-of-year tests if they choose.

Department of Education staff told the board the two parts can’t be separated. “These are are not two tests. There are two components to the test,” said Department of Education testing chief Joyce Zurkowski, who hustled from her office to the boardroom after the discussion started.

Durham’s comment was “Somehow we walked ourselves … into a two-part test that we’re really not obligated to have.”

Testing is expected to be hot issue during the new legislative session, but many lawmakers are awaiting the report of the advisory Standards and Assessments Task Force, which is due by Jan. 31. (The divided group meets again Friday.)

Durham sounded dismissive of the group, saying, “I suspect the results are going to be tainted by the conflicts of interest or perceived conflicts of interest of those serving.”

Durham said he’d been working on the motion for a few days and that it had been suggested to him by someone whom he wouldn’t identify.

Near the end of the meeting, Durham raised the issue of the Common Core State Standards, indicating he’d like Colorado to get out of them and saying, “One of the things I’d like to see from the commissioner is a series of recommendations that would end in this result.”

“To get out of Common Core does take legislative action,” Hammond said.

Other board members balked a bit at Durham’s suggestion, and everyone seemed to agree to take the issue up as a formal agenda item in February.

Last spring the board (with a slightly different membership) voted 4-3 for a resolution asking the legislature to withdraw Colorado from the PARCC testing group (see this story). Lawmakers took no action.

In November the board issued a unanimous letter suggesting that the amount of state testing be reduced (see story).

Reaction measured on board action

The board’s decision, first reported by Chalkbeat Colorado, spread quickly among lobbyists and lawmakers at the Capitol.

Senate Education Committee Chair Owen Hill said, “The people elect the State board and give it authority over the commissioner. I’m confident the commissioner will do everything in his legal power to do the wishes of his boss, the State Board.”

Hill, a Colorado Springs Republican, said the board vote “obviously will shape this discussion” but that he remains committed to holding off on consideration of testing bills until after the task force makes its report. “We’re going to honor that process.”

Hill also said he’s invited Hammond to meet with Senate Education to discuss the issue of testing waivers.

Sen. Andy Kerr, D-Lakewood, would only say, “I really hope the State Board understands its authority in making or not making policy.” Kerr is the senior Democrat on Senate Education Committee.

Jane Urschel, top lobbyist for the Colorado Association of School Boards, sat in on part of the board’s discussion. “This is not really a surprise, but will this action truncate the legislative process, where we will have public deliberation on this important and emotional issue?” she wondered.

rules and regs

State shortens length of ‘gag order’ on teachers discussing Regents questions online

PHOTO: G. Tatter

After pushback from teachers, the State Education Department has changed a new provision that temporarily prohibits teachers from discussing Regents exam questions online.

The original rule stated that teachers could not use email or a listserv to discuss test questions or other specific content with other teachers until a week after the exam period ended on June 23. As Chalkbeat reported Tuesday, teachers objected, arguing that they sometimes needed to discuss questions in order to properly grade the tests or to challenge questions that seems unfair.

Under the change, tests taken between June 13 and June 16 can be discussed online beginning June 23. And for those taken between June 19 and June 22, teachers can discuss content online beginning June 27.

According to education department officials, the provision was intended to ensure that testing material did not spread online before all students had completed their exams, particularly among schools that serve students with special needs, who qualify for multiple-day testing.

“We believe that nearly all students who are testing with this accommodation will have completed their exams by these dates,” Steven Katz, director of the Office of State Assessment, wrote in a memo to school principals and leaders.

Still, longtime physics teacher Gene Gordon and former president of the Science Teachers Association of New York State noted that, to some extent, the damage was done since the amendment to the rule came out only after many teachers had already graded their exams.

“It did not have any real effect,” Gordon said.

The New York State United Teachers — which criticized the new provision on Tuesday as a “gag order” and called for its repeal — called the amendment a “clear victory” for educators. Still, NYSUT spokesman Carl Korn told Chalkbeat, “it clearly will be more helpful in the future than this year.”

Testing Testing

Calculator mix-up could force some students to retake ISTEP, and Pearson is partially to blame

PHOTO: Ann Schimke

ISTEP scores for thousands of students across the state will be thrown out this year, including at two Indianapolis private schools, according to state officials.

The mishap can be traced back to calculators. Students at 20 schools used calculators on a section of the 2017 ISTEP math test when they shouldn’t have — in at least one district because of incorrect instructions from Pearson, the company that administers the tests in Indiana.

It’s a small glitch compared to the massive testing issues Indiana experienced with its previous testing company, CTB McGraw Hill. But years of problems have put teachers, students and parents on high alert for even minor hiccups. In 2013, for example, about 78,000 students had their computers malfunction during testing. Pearson began administering ISTEP in 2016.

The calculator mix-up involving Pearson happened in Rochester Community Schools, located about two hours north of Indianapolis. About 700 students in three schools received the incorrect instructions.

Molly Deuberry, spokeswoman for the Indiana Department of Education, said that Rochester is the only district known to have received the incorrect instructions, but the state is also investigating calculator-related problems at 19 other schools.

According to federal rules, students who use calculators on non-calculator test sections must have their scores labeled as “undetermined.” Current sophomores will need to retake the test, since passing the 10th-grade exam is a graduation requirement in Indiana. Students will have multiple opportunities to do so, including during the summer, state officials said.

It’s not clear how the invalidated scores will affect those schools’ A-F letter grades. It is up to the Indiana State Board of Education to handle A-F grade appeals, which districts can request once grades are released.

“The Department and State Board will collaborate to ensure that the State Board receives sufficient detail about this incident when reviewing the appeals,” the education department said in an email.

Pearson spokesman Scott Overland said in an email that they would work with the education department to follow up on the calculator issues and correct their processes for next year.

“In some cases, Pearson inadvertently provided inaccurate or unclear guidance on the use of calculators during testing,” Overland said. “In these instances, we followed up quickly to help local school officials take corrective action.”

Here are the districts and schools the state says had students incorrectly use calculators on this year’s ISTEP:

  • Covington Christian School, Covington
  • Eastbrook South Elementary, Eastbrook Schools
  • Eastern Hancock Elementary School, Eastern Hancock County Schools
  • Emmanuel-St. Michael Lutheran School, Fort Wayne
  • Frankfort Middle School, Frankfort Community Schools
  • George M Riddle Elementary School, Rochester Community Schools
  • Lasalle Elementary School, School City of Mishawaka
  • New Haven Middle School, East Allen County Schools
  • Rochester Community Middle School, Rochester Community Schools
  • Rochester Community High School, Rochester Community Schools
  • Saint Boniface School, Lafayette
  • Saint Joseph High School, South Bend
  • Saint Roch Catholic School, Indianapolis
  • Silver Creek Middle School, West Clark Community Schools
  • St. Louis de Montfort School, Lafayette
  • Tennyson Elementary School, Warrick County Schools
  • Thomas Jefferson Elementary School, School City of Hammond
  • Trinity Christian School, Indianapolis
  • Waterloo Elementary School, DeKalb County Schools
  • Westfield Middle School, Westfield-Washington Schools

This story has been updated to include comments from Pearson.