The last day

Testing agreement comes in session’s final hours

The debate on testing, the most divisive education issue of the 2015 legislature, ended on the session’s last day with self-congratulatory speeches and strong votes for a compromise bill.

What matters for kids and parents is that the total time a student spends testing while moving from kindergarten to 12th grade will drop from about 137 hours to 102 hours, according to bill supporters. The biggest reduction will be in the high school years, and the changes go into effect for the 2015-16 school year. (See this chart for details by grade.)

There’s plenty of grousing that the bill doesn’t go far enough. But in the end it was more than good enough for the legislature, judging by the tone of Wednesday’s speeches. House Bill 15-1323 passed the Senate 30-5 and the House 55-8 after that chamber agreed to final Senate amendments. (See the bottom of this story for the no votes in each house.)

The need to produce a testing bill and to avoid the political embarrassment of not passing one proved too compelling as the session drew to a close.

As usual, when a contentious issue is about to be decided, most lawmakers emphasized the positive in closing speeches.

In the 35-member Senate, 13 senators spoke for an hour on the bill.

“This has been a long journey and a lot of hard work,” said Sen. Chris Holbert, R-Parker and a key figure in crafting the compromise.

Senate President Bill Cadman, R-Colorado Springs, was the most effusive: “Something magic happened here.”

Representatives were brief, with only half-a-dozen members speaking for less than half an hour.

“On the very last day of the session we did it,” said Rep. Millie Hamner, D-Dillon and a prime sponsor.

Rep. Kevin Priola, R-Henderson and one of bill’s strongest GOP supporters, noted, “It’s probably been one of the more difficult bills this session. … It lightens the load where appropriate. It still maintains transparency and accountability.”

What the testing bill does

The compromise testing-reduction bill successfully walks a fine line between earlier proposals from the House and Senate.

The final plan makes changes both obvious and subtle in the Colorado Measures of Academic Success system, and its final shape remains to be determined, given that parts of the bill require sign-off by the federal government.

Two things definitely aren’t in the bill. It doesn’t withdraw Colorado from the Common Core State Standards nor from the PARCC multi-state tests. That’s a sore point for some legislators and activist parent groups. And the bill doesn’t reduce testing enough for the Colorado Education Association.

Here are the details on the compromise’s key points and how negotiators reconciled the differences between the two chambers.

High school testing – This was the big point of division from the start, and the recent expansion of CMAS tests into the 11th and 12th grades was the main spark for parent agitation and students opting out in the past year.

The federal government requires one set of language arts and math tests be given in high school. The House and Senate bills assumed that requirement would be met by 10th grade testing, but the two chambers disagreed over whether 9th grade tests should continue. Moving away from the assumption that full 10th grade testing was needed was a key factor in breaking the deadlock.

The compromise keeps the 9th grade tests but replaces the 10th grade CMAS exams with a college and workforce readiness test like the ACT Aspire. This test takes about three hours, compared to 11 for the two CMAS tests. Backers of the idea hope Aspire or something similar will be more relevant and therefore more attractive to students. Students will continue to take the main ACT test in the 11th grade.

Because the federal government doesn’t recognize 9th grade as part of high school, this provision will need federal approval.

One subtlety here is that because the two ACT-type tests aren’t part of the federally dictated CMAS system, student opt-out rates wouldn’t affect district accreditation ratings. Compromise supporters described this with the zen-like explanation that the tests are “not mandatory and not optional.” Districts have to offer them, but students don’t have to take them. The state would have to put the 10th and 11th grade tests to competitive bid every five years.

The current schedule of giving science tests one time each in elementary, middle and high school will continue, but it’s left up to the Department of Education to decide in which grades.

Opting out – The bill guarantees parents the right to opt students out of tests and that students won’t suffer any consequences or punishment for doing so. It also specifies that districts cannot discourage students from taking tests. Opting out was a hot topic at the Capitol this year, and variations of opting out language were offered in several other bills, including a stand-alone measure passed by the Senate but killed in a House committee.

Pilot programs – There’s been a push by some lawmakers and districts for the ability to give their own tests rather than the CMAS/PARCC tests. Current federal law requires a single test be given to all students in a state. The Senate and House were way apart on this issue.

The compromise allows any district or group of districts to apply to the state for approval to “pilot” new tests. Eventually two tests would be chosen from those pilots. And in the end the Department of Education – with legislative approval – could use one new set of tests statewide. (There are a lot of ifs in this plan, including at least three separate federal sign-offs.)

Timeouts – Both original bills had various provisions to protect schools and districts from accountability consequences of new test results and to change how growth data derived from results is used in teacher evaluations.

The compromise creates a one-year accountability timeout for school and districts in 2015-16. Teachers get a break on use of state data for their 2014-15 evaluations. In future years districts don’t have to use state growth data if it comes in too late to meet deadlines for finishing evaluations. Late data would be used in subsequent years’ evaluations.

Paper & pencil – The original Senate version proposed allowing both parents and districts to request paper tests. The House would have given that option only to districts. The compromise allows individual schools or districts to request paper exams. The goal here was to avoid having some students in the same class taking online tests while other kids used paper versions.

Social studies – These tests now are given once in elementary, middle and high school. They rolled out only a year ago and as such were part of the uproar about “over-testing.” A separate measure that also passed Wednesday, Senate Bill 15-056, creates a compromise. Instead of being given to every student in the three grades every year, tests will be given in selected schools. The goal is to have the test given in an individual school every three years.

There are several issues that weren’t disputed by the two houses and that were carried into the compromise plan. Those include:

  • Requirements for notification of parents about the purposes and uses of testing and about testing schedules.
  • Language increasing the number of years that native-language tests can be given to ELL students and recently arrived immigrants. (This also requires a federal waiver.)
  • Streamlining of school readiness and READ Act literacy assessments, primarily eliminating some duplicative tests.

Many play a role in compromise, now and in future

The final testing bill was crafted to meet an iron law of Capitol math: To become law, a bill needs at least 33 House votes, 18 in the Senate, and one governor’s signature.

As noted above, the testing measure adds a fourth party to the discussion – the U.S. Department of Education.

Colorado’s overall system of tests and accountability is approved through what’s referred to as a “waiver” granted by the department. That agreement allows the state to do some things its own way rather than strictly follow the current Elementary and Secondary Education Act.

Changes in the state system by either the legislature or the state education department have to be reported to Washington through a process that – confusingly – also is called a “waiver.”

If the federal education department doesn’t like such individual changes, it could revoke the state’s overall waiver, potentially creating all sorts of administrative problems for CDE and districts. If a state is out of compliance with federal requirements it theoretically faces the loss of some federal funds, primarily grants to low-income students.

Hammering out an agreement

Lawmakers had a hard time all session coming to agreement on testing. Legislative leaders started moving things along last week.

Members of both education committees and other lawmakers met in the speaker’s office one evening last week to hash things out.

A smaller group of legislative leaders convened last weekend to keep the momentum going. Lobbyists and leaders from the full spectrum of education interest groups also were involved.

The plan started to take final shape at a meeting of about half-a-dozen lawmakers who gathered around the press table in the House chambers last Sunday afternoon.

But there was nervousness about the deal until the end. Sen. Andy Kerr, D-Lakewood, told his colleagues he was unsure as recently as Tuesday that things would come together.

“It’s been the most challenging work I’ve done,” Rep. Millie Hamner, D-Dillon, told Chalkbeat.

How they voted

Voting no in the House were GOP Reps. Perry Buck of Windsor, Justin Everett of Littleton, Steve Humphrey of Windsor, Janak Joshi of Colorado Springs, Gordon Klingenschmitt of Colorado Springs, Patrick Neville of Castle Rock, Kim Ransom of Highlands Ranch and Lori Saine of Firestone.

Voting no in the Senate were Republican Sens. David Balmer of Centennial, Kent Lambert of Colorado Springs, Vicki Marble of Fort Collins, Tim Neville of Littleton and Laura Woods of Thornton.

A separate but virtually identical measure, Senate Bill 15-257, was allowed to die as the session adjourned. It was the original Senate proposal, but both it and HB 15-1323 were amended earlier this week to be the same.

See this staff summary of bill as of May 5.

more digging

Kingsbury High added to list of Memphis schools under investigation for grade changing

PHOTO: Shelby County Schools
Kingsbury High School was added to a list of schools being investigated by an outside firm for improper grade changes. Here, Principal Terry Ross was featured in a Shelby County Schools video about a new school budget tool.

Another Memphis high school has been added to the list of schools being investigated to determine if they made improper changes to student grades.

Adding Kingsbury High School to seven others in Shelby County Schools will further delay the report initially expected to be released in mid-June.

But from what school board Chairwoman Shante Avant has heard so far, “there haven’t been any huge irregularities.”

“Nothing has surfaced that gives me pause at this point,” Avant told Chalkbeat on Thursday.

The accounting firm Dixon Hughes Goodman is conducting the investigation.

This comes about three weeks after a former Kingsbury teacher, Alesia Harris, told school board members that Principal Terry Ross instructed someone to change 17 student exam grades to 100 percent — against her wishes.

Shelby County Schools said the allegations were “inaccurate” and that the grade changes were a mistake that was self-reported by an employee.

“The school administration immediately reported, and the central office team took the necessary actions and promptly corrected the errors,” the district said in a statement.

Chalkbeat requested a copy of the district’s own initial investigation the day after Harris spoke at the board’s June meeting, but district officials said they likely would not have a response for Chalkbeat until July 27.

Harris said that no one from Dixon Hughes Goodman has contacted her regarding the investigation as of Thursday.

The firm’s investigation initially included seven schools. Kingsbury was not among them. Those seven schools are:

  • Kirby High
  • Raleigh-Egypt High
  • Bolton High
  • Westwood High
  • White Station High
  • Trezevant High
  • Memphis Virtual School

The firm’s first report found as many as 2,900 failing grades changed during four years at nine Memphis-area schools. At the request of the board, two schools were eliminated: one a charter managed by a nonprofit, and a school outside the district. The firm said at the time that further investigation was warranted to determine if the grade changes were legitimate.

The $145,000 investigation includes interviews with teachers and administrators, comparing teachers’ paper grade books to electronic versions, accompanying grade change forms, and inspecting policies and procedures for how school employees track and submit grades.

Since the controversy started last year, the district has restricted the number of employees authorized to make changes to a student’s report card or transcript, and also requires a monthly report from principals detailing any grade changes.

Controversy

Boundary lines of proposed South Loop high school drive wedge between communities

PHOTO: Cassie Walker Burke
About 30 speakers weighed in on a boundary proposal for a new South Loop high school at a public meeting at IIT.

The parent, wearing an “I Love NTA” T-shirt, said it loudly and directly toward the end of the public comment section Thursday night. “It sickens me to be here today and see so many people fighting for scraps,” said Kawana Hebron, in a public meeting on the boundaries for a proposed South Loop high school on the current site of National Teachers Academy. “Every community on this map is fighting for scraps.”

The 1,200-student high school, slated to open for the 2019-2020 school year near the corner of Cermak Road and State Street, has become a wedge issue dividing communities and races on the Near South Side.

Supporters of NTA, which is a 82 percent black elementary school, say pressure from wealthy white and Chinese families is leading the district to shutter its exceptional 1-plus rated program. A lawsuit filed in Circuit Court of Cook County in June by parents and supporters contends the decision violates the Illinois Civil Rights Code. 

But residents of Chinatown and the condo-and-crane laden South Loop have lobbied for an open-enrollment high school for years and that the district is running out of places to put one.

“I worry for my younger brother,” said a 15-year-old who lives between Chinatown and Bridgeport and travels north to go to the highly selective Jones College Prep. She said that too many students compete for too few seats in the nail-biting process to get into a selective enrollment high school. Plus, she worries about the safety, and environment, of the schools near her home. “We want something close, but good.”

PHOTO: Courtesy of Chicago Public Schools
The “general attendance” boundary for the proposed South Loop high school is outlined in blue. The neighborhoods outlined in red would receive “preference,” but they would not be guaranteed seats.

One by one, residents of Chinatown or nearby spoke in favor of the high school at the meeting in Hermann Hall at the Illinois Institute of Technology. They described their long drives, their fearfulness of dropping off children in schools with few, if any, Chinese students, and their concerns about truancy and poor academics at some neighboring open-enrollment high schools.

But their comments were sandwiched by dissenting views. A member of South Loop Elementary’s Local School Council argued that Chicago Public Schools has not established a clear process when it comes to shuttering an elementary and spending $10 million to replace it with a high school. “CPS scheduled this meeting at the same time as a capital budget meeting,” she complained.

She was followed by another South Loop parent who expressed concerns about potential overcrowding, the limited $10 million budget for the conversion, and the genesis of the project. “It’s a terrible way to start a new high school – on the ashes of a good elementary school,” the parent said.

The most persistent critique Thursday night was not about the decision to close NTA, but, rather, of the boundary line that would determine who gets guaranteed access and who doesn’t. The GAP, a diverse middle-class neighborhood bordered by 31st on the north, 35th on the South, King Drive to the east and LaSalle Street to the west, sits just outside the proposed boundary. A parade of GAP residents said they’ve been waiting for decades for a good option for their children but have been locked out in this iteration of the map. Children who live in the GAP would have “preference” status but would not be guaranteed access to seats.

“By not including our children into the guaranteed access high school boundaries – they are being excluded from high-quality options,” said Claudia Silva-Hernandez, the mother of two children, ages 5 and 7. “Our children deserve the peace of mind of a guaranteed-access option just like the children of South Loop, Chinatown, and Bridgeport.”

Leonard E. McGee, the president of the GAP Community Organization, said that tens of millions in tax-increment financing dollars – that is, money that the city collects on top of property tax revenues that is intended for economic development in places that need it most – originated from the neighborhood in the 1980s and went to help fund the construction of NTA. But not many of the area’s students got seats there.

Asked how he felt about the high school pitting community groups against each other, he paused. “If we’re all fighting for scraps, it must be a good scrap we’re fighting for.”

The meeting was run by Herald “Chip” Johnson, chief officer of CPS’ Office of Family and Community Engagement. He said that detailed notes from the meeting will be handed over to the office of CEO Janice Jackson. She will make a final recommendation to the Board of Education, which will put the plan up for a vote.