The debate starts

Testing opt-out bill passes Senate Education

GOP Sen. Chris Holbert and Democratic Sen. Nancy Todd are sponsoring the opt-out bill.

The Senate Education Committee gave 8-1 approval Thursday evening to a bill that would codify parents’ right to opt students out of standardized testing and also forbid penalizing districts, schools, and teachers for low participation rates.

The vote was the first official action on any testing-related bill this session, and the debate and testimony offered a taste of future debates on the issue.

Discussion on the seemingly simple four-page bill also crystalized some key questions that remained unanswered after the committee vote, including:

  • Will passage of the bill blow up the state system for rating districts and schools because of incomplete testing data and the fact that the state couldn’t penalize districts for low participating rates?
  • Could the lack of penalties for low participation lead schools and districts to “game the system” by covertly encouraging certain groups of students to opt out?
  • Would the bill as written inadvertently prevent teachers from lowering a student’s course grade because the student didn’t take a test?

Those issues came to the fore during discussion of amendments proposed by Democratic Sens. Mike Johnston of Denver and Andy Kerr of Lakewood during the second half of the four-hour session.

Johnston, a main architect of key education reform laws in recent years, was the odd man out in the 8-1 bipartisan vote to send the bill to the Senate floor.

Speaking to Chalkbeat Colorado after the vote, Johnston called the bill “an absolute catastrophe waiting to happen.”

Sen. Mike Johnston, D-Denver
Sen. Mike Johnston, D-Denver

A key Johnston amendment would have allowed the state to continue using test scores and test participation to rate schools and districts, while holding teachers and students free of any penalties. He also proposed tracking which kinds of students opted out of testing. And a third amendment would have protected high-participation districts from any loss of federal funds if the state drops below required participation levels.

The bill would require districts to allow parents to opt out of any standardized tests required by the state or local districts and bans any penalties for students, teachers, principals or schools for low participation.

State and federal policy mandates that 95 percent of students participate in state testing, and Colorado imposes a one-step drop in a district’s accreditation rating if participation drops below 95 percent on two or more tests.

Johnston politely told prime sponsor Sen. Chris Holbert, R-Parker, “You are endeavoring unintentionally to tear down 10 years of work on the state accountability system. … You are knocking down a barn we built in the last decade, and you’ve got to put up something in its place.”

Holbert said, “It comes down to freedom and liberty … when it comes to our kids we have the right to make this choice.”

Earlier in the debate, Holbert said the way to ensure high test participation is to “build a better assessmnt tool that parents can trust.”

Holbert and other bill supporters argue that it’s necessary to prevent intimidation of bullying of parents by teachers and administrators who fear lowered school ratings if test participation drops. With that fear removed, supporters argue, school officials won’t feel the need to pressure parents.

The only amendment approved by the committee was a minor proposal by Kerr to require that schools inform parents about the “purpose and use” of statewide tests in addition to informing them about their opt-out rights, as the bill’s original language proposes.

Kerr withdrew an amendment that would have clarified the issue of consequences for students who don’t take class tests required for a course grade. The bill refers to no penalties for “standardized” tests, and that concerns Kerr because districts sometimes give standard tests across schools as course requirements. That issue likely will resurface later.

Another amendment intended to penalize school officials if they encourage students to opt out was defeated.

“The data is abundantly clear that there are schools in the state of Colorado that are urging students to opt out,” Johnston charged, without naming any districts.

The bill has bipartisan support and 31 cosponsors, a significant number in a 100-member legislature. The Senate sponsors are Holbert and Sen. Nancy Todd, D-Aurora.

The measure has wide support among interest groups including teachers unions and school districts, plus from anti-testing activists. Education reform groups oppose it. Those divisions were evident in testimony Thursday.

In the end, only one vote may count. If the bill passes the legislature in its current form, some observers expect Gov. John Hickenlooper to veto it.

Todd alluded to that possibility in her opening remarks, saying, “We’re really looking forward to having great conversations with the governor.”

Read the bill text here.

SB 15-223 is only the first of several testing-related bills pending at the Capitol. Get more information below.

Testing Bill Tracker

Click the bill number in the left column for more a more detailed description, sponsors and other information. Click the link in the Fiscal Notes column at the right for a bill’s description and an estimate of potential state costs.

focusing in

Black student excellence: Denver school board directs district to better serve black students

PHOTO: Helen H. Richardson/The Denver Post
Mary Getachew, 15, right, laughs with her peer mentor Sabrin Mohamed,18, left, at Denver's North High School in 2016.

Every Denver public school soon will be required to develop a plan to boost the success of black and African-American students by embracing their strengths rather than focusing on the challenges they face.

That’s according to a resolution unanimously passed Thursday night by the Denver school board. The resolution, which would also require district employees to take training on implicit bias, was shepherded by Jennifer Bacon, who was elected in 2017 to represent northeast Denver and is one of two black members on the diverse school board. Longer-serving board members said it was overdue.

“With good intentions, we were battling the idea that singling out a group of students was not acceptable,” said Happy Haynes, who has served on the board since 2011. “We were always talking about, ‘all students, all students.’”

In doing so, Haynes said, “we lost sight of so many of our students. So I really celebrate this change in our thinking.”

Denver Public Schools’ data show big disparities in how black students are served by the district. While 13 percent of the approximately 93,000 students are black,

  • 28 percent of out-of-school suspensions last year were given to black students,
  • 16.5 percent of students identified as having a disability were black,
  • Just 10 percent of students enrolled in rigorous high school courses were black.

The focus on black students comes after more than a year of relentless and high-profile advocacy from black parents and activists, and 2½ years after a damning report about how black teachers and students are treated in Denver Public Schools.

Known colloquially as the Bailey Report, it was based on interviews with black educators conducted by former school board member Sharon Bailey, who has studied racial dynamics in Denver. It found that black educators feel isolated and mistreated by the district, and perceive that black students are more harshly disciplined in part because the young white women who make up a sizeable portion of the teacher workforce are afraid of them.

The report led to a task force, which presented the district with 11 recommendations. Among them: offering signing bonuses to help attract more black teachers, making student discipline data count toward school ratings, and requiring each school to create a plan “designed to strengthen relationships between African-Americans and schools.”

Nearly two years later, none of that has happened. And much of what the district has done has been voluntary for teachers and schools. Meanwhile, the data keeps mounting.

Last year, 67 percent of black students graduated on time, meaning within four years of starting high school, compared with 78 percent of white students. On state math tests, 17 percent of black students in grades three through eight scored on grade level, compared with 65 percent of white students. The literacy gap was similar.

Avery Williams, a senior at George Washington High School, told the school board at a work session in December that “there’s an awkwardness around being black” in Denver schools.

“Teachers, specifically white teachers, don’t know how to act around me,” Williams said. Many of her classmates, she said, “do not know how to have respectful conversations because they’re afraid of being offensive or because they’re not educated in the right terminology.”

Michael Filmore, a junior at East High School, spoke about being one of only a few black students in his more rigorous classes, an experience Williams shares. After taking remedial classes his freshman year at East, Filmore said he decided to take all honors classes as a sophomore. He also took the public bus to school and was often late for first period.

“I would walk in the classroom and I would feel like I didn’t belong there,” Filmore told the board. “I felt uncomfortable and that I shouldn’t be in these classes. I was pressured. I eventually dropped the class. My junior year, I felt that I would never let myself down again.”

At that December session, Bacon expressed a desire to more explicitly address issues affecting black students. The district has put that kind of focus on students learning English as a second language, many of whom are Hispanic, after a federal judge found the district was violating their rights. Under that order, the district has developed specific methods for teaching English language learners. It requires all new teachers to get certified to teach them.

Bacon and others questioned why that hasn’t happened for black students, as well.

“It’s not because there’s a lack of effort, will, or love,” Bacon said in an interview. “I think it’s because we’re not organized properly and we don’t have an internal stake in the ground around expectations, outcomes, and accountability measures. People want to see DPS is doing that.”

Her fellow board members agreed. On Thursday, they took turns thanking her for bringing forth the resolution, which directs the district to do several things:

  • Require all schools, including district-run and charter schools, to review data about student academic performance, discipline, and referrals for special education to understand how each school’s black students are doing “on an individual level”
  • Require all schools to set goals for supporting black students that prioritize giving them “access to grade-level and more rigorous coursework”
  • Require school leaders to articulate how they will monitor progress toward their goals
  • Train all district staff on implicit bias and culturally responsive education
  • Conduct an “equity audit” to understand what the district is doing well and what it is not to figure out how it “can better prioritize the success of our black students”

It will now be up to new Superintendent Susana Cordova, who made equity a cornerstone of her bid for the district’s top job, to carry out the directive. The resolution gives her until May 31 to come up with a plan that would go into effect by the start of the next school year.

“We know that we have a painful and inequitable history of outcomes for our students,” Cordova said. “But facing this with courage, facing this in community, facing this with our stakeholders, our parents, our family members, our community members, and our students holding us accountable, I believe deeply in the ability of people to come together to solve these problems.”

Budget woes

In budget address, Illinois governor J.B. Pritzker proposes modest education increases

J.B. Pritzker speaks during a round table discussion with high school students at a creative workspace for women on October 1, 2018 in Chicago, Illinois.

Even while calling his proposed budget “austere” and speaking plainly about the yawning deficit he inherited, Illinois’ new governor, J.B. Pritzker, struck an optimistic chord when describing how he plans to plow more money into schools.

His fiscal year 2020 budget would allocate a total of $7.2 billion for K-12 funding, including an extra $25 million in addition to the mandated $350 million annual minimum increase under the state’s funding formula.

“There’s a focus here on trying to not only rebuild from the damage that was done over the last four years but also to set us up for growing the economy, which happens in part because of our investments in education,” Pritzker said, nodding to a nearly two-year budget stalemate under his predecessor, Republican Bruce Rauner, that left the state with billions in unpaid bills.

During Wednesday’s speech, the governor said the long-term solution to the state’s budget deficits  was a progressive income tax that would take more money from Illinois’ wealthiest residents.

In the shorter term, though, Pritzker’s budget proposal includes an additional $25 million for Illinois schools, an increase of $21 million in special education grants, and a $5 million boost for career and technical education programs for high school students.

Also in the proposal: $50 million in need-based college grants, another $35 million in university scholarships, and $2 million to cover waived fees for low-income students taking Advanced Placement tests.

Pritzker’s budget would allocate an additional $100 million to the Early Childhood Block Grant. That would bring the state investment in early childhood education to $594 million next year.

The governor Wednesday also proposed freezing a tax credit for businesses and individuals who contributed scholarships for private schools. Critics argued the program cut into state income taxes that would otherwise help fund public schools. Supporters, including Rauner, said it was one of the few ways struggling families could afford private schools.

Pritzker noted that given Illinois’ economic reality, there is a limit to how much cost-cutting alone could do. Instead, he promised to pass a budget that would include an increase in funding across the board as a way to invest in the state’s future, with a particular focus on education.

“We must stop slashing programs that build future prosperity,” Pritzker said in his budget address. “Over the long term, we must make investments in education, livable wages, innovative human service programs and job training.”

In unveiling his budget, the governor spoke plainly about the state’s dire fiscal situation: a $3.2 billion budget deficit and $15 billion in debt from unpaid bills — an amount that is equal to funding “free four-year university tuition for more than 12,000 students,” he said.

Nearly two years without a state budget under the previous governor prompted a massive backlog of funding in the K-12 education budget that the state is still struggling to fill, on top of an $8.1 billion backlog of unpaid bills across state agencies.

A 2017 overhaul in the formula Illinois uses to fund schools put the state on a 10-year path to closing the more than $6.8 billion gap between what it spends on K-12 public schools and the projected cost of adequate school funding. In January, the state board of education asked for $15 billion in public schools funding.

“It’s a very teensy step and better an increase than not,” Wendy Katten with Raise Your Hand Action, a parent group advocating for public education, said of the increased funding for K-12 schools. “But that’s nowhere near the $7 billion that’s needed for basic adequacy, let alone the $2 billion needed for [Chicago Public Schools].”   

Pritzker’s proposed additions are modest, to be sure, but unions representing teachers in Chicago and statewide, as well as disability advocates, said any additional investment in education is most welcome.

“It’s clear that he understands the importance of great public schools and higher education and is committed to fulfilling the state’s responsibility to invest in them,” the president of the Illinois Federation of Teachers, Dan Montgomery, said.

And the Chicago Teachers Union asked that Chicago Public Schools to use any extra state funding to lower class sizes and increase special education staffing.

“The increase in evidence-based funding over the statutory minimum recognizes that Illinois’ challenges with education funding equity are fundamentally rooted in the need to drive more resources to students, like those in CPS, who have suffered from decades of insufficient and unequal school funding,” Jesse Sharkey, president of the union, said.

Chris Yun, the education policy analyst with Access Living, which advocates for people with disabilities, said she was heartened to see a bump for special education funding, noting: “Students with disabilities are often forgotten because the number is much less than general education students. We have a long way to go, but this is just step one.”

Pritzker told Chalkbeat in October that contributing more money to education would require solving the state’s longstanding budget woes. At that time, Illinois was expected to enter fiscal year 2019 with a budget deficit of more than $1 billion. That figure has now more than tripled.

Its problems are compounded significantly by its pension responsibilities, making it increasingly difficult to allocate money to other needs, said Ralph Martire, director of the Center for Tax and Budget Accountability.

“The payments are jumping at levels our system can’t afford,” Martire said.

Pritzker on Wednesday said he would “smooth the pension ramp by modestly extending it,” which hints at a plan to push payments off further.

While Pritzker’s progressive taxation plan has a steady thrum of support from Democratic lawmakers, the measure has not yet passed the state legislature.

Pritzker acknowledged that his 2020 budget was built on a tax structure that he still considered regressive and said he hoped to change that going forward.  

“Not only is our tax system unfair, it’s also inadequate to solve our long-term financial challenges,” he said. “Make no bones about it, I choose to stand up for working families and will lead the charge to finally enact a fair tax system in Illinois.”

Cassie Creswell, a board member of public education advocacy group Raise Your Hand Action, said the budget address was a positive indicator of Pritzker’s support for revamping taxation, but feared “the rates that will be proposed to make it politically palatable won’t make it the rate we need to fund stuff in the state.”