Building Better Schools

Feds put Indiana on notice: NCLB waiver in doubt

State board member Brad Oliver and state Superintendent Glenda Ritz at a meeting in December. (Scott Elliott)

Indiana schools could face sanctions under the federal No Child Left Behind law if the state cannot satisfactorily answer U.S. Department of Education concerns in 60 days about its plans for instituting its new standards.

On Thursday, Indiana State Superintendent Glenda Ritz received a letter from Deb Delisle, assistant U.S. secretary of education, spelling out concerns about “significant issues” with Indiana’s adherence to an agreement it made in with the federal government in 2012 that released the state from some NCLB rules.

The agreement included a promise to have high standards for all students, and federal authorities want proof that the standards the state recently adopted are as challenging as the ones they replaced, known as the Common Core.

Indiana State Board of Education member Brad Oliver said he has not seen the letter but he is alarmed.

“Based on what I know right now I am very concerned that our waiver could be in jeopardy,” he said. “The repercussions of losing our waiver are more than just financial. It would immediately have an impact on local districts.”

But Ritz’s spokesman, Dan Altman, said the letter was not a big surprise given dramatic changes in Indiana’s approach to standards and testing driven by new laws from the legislature. Bills that first paused Indiana’s implementation of Common Core standards and then voided them altogether required quick work by state education officials to stay on schedule to have standards and new tests in place for next school year, he said.

“There’s been whole lot of work happening at the department to put ourselves in compliance, not the least of which was the standards review process the superintendent just led,” he said. “That is a very big step in making sure we stay in compliance.”

The letter constitutes a lower level of notice from the federal government than other states have received, meaning the state’s NCLB waiver is in no immediate danger. Four states have been notified they are at “high risk” of losing their waivers, but Indiana was not added to that group yet.

Indiana is one of several states that asked U.S. Secretary of Education Arne Duncan for a waiver from some NCLB sanctions. The waiver was given partly on condition that the state adopt “college and career ready” academic standards. Indiana said in its application that it had already done that when it adopted Common Core standards in 2010.

But this March, state lawmakers, wary of federal involvement in state decisions about education, voided Indiana’s adoption of Common Core, making it the first of 45 states that had agreed to follow those standards to later pull out. The Indiana Education Roundtable and state board adopted new standards last month.

Those standards must be approved by a “state network of institutions of higher education” who can assert that Indiana’s graduates will not need remedial work in college after the change, Delisle wrote.

Indiana must also submit a detailed outline for how it will create and administer new state tests in the 2014-15 school year to assess student progress toward college and career readiness.

The  NCLB waiver allows Indiana to be judged on different criteria other than the law’s escalating goals for student test performance. Without the waiver, NCLB could have forced tough choices for making changes in numerous schools across the state that fell short of its expectations for improved test scores, like firing principals and replacing most of the teachers. It also would restrict how some federal dollars are spent, setting aside money for outside tutoring, and require notice to parents that the schools are failing under the federal definition.

Last month, Washington became the first state to lose its NCLB waiver.

“I believe you will have several schools failing under the federal model,” Oliver said.

Last fall, the U.S. Department of Education found Indiana was falling short on its waiver commitments. Among concerns it raised was that the state did not:

  • ensure low scoring schools were making changes that would raise test scores for groups of students that had fallen behind
  • make sure those schools were using multiple strategies to turn the schools around
  • adequately monitor and support implementation of new standards or teacher and principal evaluation systems in local schools

Federal officials, in their fall report, outlined several steps Indiana had to take to rectify those concerns. If all the steps are not taken, the state’s waiver could be jeopardized, according to Delisle’s letter to Ritz.

Oliver said he was frustrated that the state appeared to have slipped since its 2012 evaluation, which gave it high marks for compliance, to the point where the waiver could be threatened.

He wants answers from Ritz, he said.

“How is it we are so out of compliance?” he asked. “In one year’s time what has happened? It looks as if we’ve dropped the ball. I know the board hasn’t dropped it. We’ve been asking and we’ve been told everything is OK. That’s not adding up now.”

Altman said the concerns raised by federal officials when it comes to monitoring schools were based on a visit that happened last August, as Ritz’s school support network was just being put in place, and the department has made several improvements since then.

“It’s disappointing to see finger pointing,” he said. “We will report back to U.S. Department of Education and we will make sure that we will comply with what’s in the letter.”

 

second chance

An embattled Harlem charter school that serves kids with disabilities will be allowed to keep its middle school — for now

PHOTO: Alex Zimmerman
Opportunity Charter School

A Harlem charter school will be allowed to keep its middle school next school year, despite the fact that top city education officials have repeatedly ruled that it is too low performing to stay open.

That decision offers at least temporary relief for Opportunity Charter School, which has been embroiled in a dispute with the education department since March. The disagreement centers on whether city officials properly took into account the school’s students — over half of whom have a disability — when it judged the school’s performance.

The city’s education department, which oversees the school as its charter authorizer, tried to close the middle school and offered only a short-term renewal for the high school when the school’s charter came up for review earlier this year. The school appealed that decision, and was denied late last month.

But the education department is backing down from its position — at least for now. That reversal appears to be based mostly on logistics: A Manhattan Supreme Court judge has temporarily blocked the closure through at least mid-July in response to a lawsuit filed by the school and some of its parents last month, complicating the process of finding students new schools outside the normal admissions cycle.

“Students always come first, and given where we are in the school year, we will allow the middle school grades to remain open in 2017-18,” education department spokesman Michael Aciman wrote in an email on Thursday. Still, he noted, the department will continue to push to close the middle school in the future.

Kevin Quinn, a lawyer representing Opportunity Charter, said the city’s decision was the only responsible one, given that the school has already held its admissions lottery and made offers to parents.

“This is a wise decision by the [education department],” Quinn wrote in an email, “and [we] appreciate their acknowledgment that placement of this population at this time would be significantly disruptive.”

language proficiency

Educators working on creating more bilingual students worry new state requirements aren’t high enough

A second grade class at Bryant Webster K-8 school in Denver (Joe Amon, The Denver Post).

Colorado educators who led the way in developing high school diploma endorsements recognizing bilingual students worry that new legislation establishing statewide standards for such “seals of biliteracy” sets the bar too low.

Two years ago, Denver Public Schools, Eagle County Schools and the Adams County School District 14 started offering the seal of biliteracy to their students. The three districts worked together to find a common way to assess whether students are fluent in English and another language, and recognize that on high school diplomas. Advocates say the seal is supposed to indicate to colleges and employers that students are truly bilingual.

A bill passed by state legislators this year that will go into effect in August sets a path for districts that want to follow that lead by outlining the minimum that students must do to prove they are fluent in English and in another language.

According to the new law, students must meet a 3.0 grade point average in their English classes and also earn a proficient score on the 11th grade state test, or on Advanced Placement or IB tests. For showing proficiency in the second language, students can either earn proficient scores on nationally recognized tests — or meet a 3.0 grade point average after four years of language classes.

Although educators say the law sends a message of support for bilingual education, that last criteria is one part of what has some concerned.

“It allows for proficiency in a world language to be established solely by completing four years of high school language classes,” said Jorge Garcia, executive director of the Colorado Association for Bilingual Education. “Language classes in one school district may have a different degree of rigor than they do in another.”

The second language criteria should be comparable to the English criteria, several educators said. In the requirements set by Denver, Eagle County and Adams 14, students must at a minimum demonstrate language proficiency through a test score, or in some cases with a portfolio review and interview if a test is not available.

The three districts also catered their requirements based on what each community said was important. In Adams 14 and in Eagle schools, students must perform community service using their language skills. Students also have to do an interview in both languages with a community panel.

“Our school district team developed the community service criteria because we wanted our kids to have authentic practice in their languages,” said Jessica Martinez, director of multilingual education for Eagle County Schools. “We also wanted students to be a bridge to another community than their own. For example, one group of students created academic tutoring services for their peers who don’t yet speak a lot of English. Another student started tutoring her mom and her parents’ friends so they could get their GED.”

The state law doesn’t require students to do community service. But it does allow school districts to go above the state’s requirements when setting up their biliteracy programs.

“Thoughtful school districts can absolutely address these concerns,” Garcia said.

Several school districts in the state are looking to start their own programs. In March, the school board for the Roaring Fork School District in Glenwood Springs voted to start offering the seal. Summit School District also began offering the seal this year.

Leslie Davison, the dual language coordinator for Summit, said that although her program will change in the next year as she forms more clear requirements around some new tests, she will continue to have higher requirements than the state has set.

This year her students had prove proficiency in their second language by taking a test in that language. They also had to demonstrate English proficiency through the ACT. In addition, students did oral presentations to the community in both languages.

“Their expectations aren’t as high as mine are,” Davison said. “We’ll probably stay with our higher-level proficiencies. I do have some work to do in terms of how that’s going to look for next year, but I certainly don’t want to just use seat time.”

Meanwhile, the districts that started the seal are increasing their commitment to biliteracy so as many students as possible can be eligible to earn seals in the future.

The Adams 14 school district in Commerce City is using Literacy Squared, a framework written by local researchers for teaching students to read English by strengthening literacy in the native language. The program is being rolled up year by year and will serve students in 34 classrooms from preschool through fourth grade in the fall.

In Eagle County, Martinez said parents have shown such a strong demand for biliteracy that most elementary schools are now dual language schools providing instruction to all students in English for half of the school day and in Spanish for the other half.

Both districts are also increasing the offerings of language classes in middle and high school. The options are important for students who are native English speakers so they too can become bilingual and access the seal. For students whose primary language is not English, the classes can help ensure they don’t lose their primary language as they learn English.

Of Eagle’s 25 students who graduated with a seal of biliteracy this year, 17 were native Spanish speakers and eight were native English speakers.

“We want all kids to see their bilingualism is an asset,” Martinez said. “It’s huge for them.”