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Feds to Colorado: You must count students who opt out of standardized tests

Seniors at Fairview High School in Boulder protested a standardized test in November 2014. (Photo by Nic Garcia/Chalkbeat)

Colorado’s policy of not penalizing schools that fail to meet federal requirements for student participation in state tests isn’t going over well with the federal government.

The U.S. Department of Education told state officials in a letter Friday that the policy is not acceptable. Colorado faces losing millions in federal funding if it doesn’t change course.

Federal officials flagged the opt-out policy in a response to the state’s plan to comply with the nation’s new federal education law, the Every Student Succeeds Act.

The federal government’s feedback to states is being closely watched for signs of how the department, under Education Secretary Betsy DeVos, enforces a law that was meant to shift more decision-making away from the federal government and back to states.

“It didn’t come as a surprise,” Pat Chapman, the Colorado Department of Education’s executive director of federal programs, said of the feedback. “There’s a need to reconcile state board, state legislature and federal requirements and policies.”

In 2015, Colorado became a national epicenter for the testing opt-out movement, with thousands of students refusing to take state-required tests they didn’t see as valuable.

The State Board of Education, reasoning that it wasn’t fair to punish schools for something not in their control, adopted a policy forbidding the state education department from lowering schools’ quality ratings or otherwise punishing them for high refusal rates.

Previously, schools and districts could have seen their quality ratings lowered if they failed to annually test 95 percent of students in math and English. Schools that receive the state’s lowest quality ratings for five consecutive years face state intervention.

Education Commissioner Katy Anthes is expected to brief the state board at its regularly scheduled meeting this week on possible responses. The state has until Aug. 24 to submit a revised state plan or ask for an extension.

State board Chairwoman Angelika Schroeder, a Boulder Democrat, said Monday she doesn’t expect the board to take any formal action on rethinking the board’s policy this week. She declined to elaborate further.

“The board should have an opportunity to talk about this before I publicly comment,” she said.

Board member Steve Durham, a Colorado Springs Republican who championed the policy, also held back Monday.

“I’m not sure what all the options available are,” he said. “We’ll wait and see what the staff’s analysis is and go from there.”

The state’s unique opt-out policy wasn’t the federal government’s only criticism.

The U.S. Department of Education also raised concern about the state’s long-term academic goals, using an average of test scores to determine school quality and monitoring how well students are learning English as a second language.

The federal department is asking the state to resubmit long-term academic goals for particular student groups, including different ethnic groups and students with disabilities.

In the current version of the plan, all student groups are expected to have the same average test score in six years, which is slightly higher than the state’s current average. The goals seem confusing and unattainable. For example, students with disabilities would need to make unprecedented progress, while Asian students would need to lose academic ground in order for the state to meet its targets.

As part of its plan, Colorado also proposed rating schools based on averages from English and math test scores, not how many students met grade-level proficiency as it did in the past.

While the use of average test scores was applauded by some, it isn’t flying with the federal education department. It wants Colorado to better explain how using average scores relates to measuring whether students are at grade level.

Moreover, U.S. officials want an assurance from Colorado that students who are far above grade-level won’t “overcompensate” for students who are not proficient. In other words, the department wants to make sure high-performers aren’t masking serious problems.

Dale Chu, vice president of policy and operations for America Succeeds, a nonprofit of business leaders that support education reform, helped a coalition of education groups review state plans independently of U.S. education department. The group, the Collaborative For Student Success, was critical of Colorado’s switch to using an average of test scores.

“There’s no sense of proficiency,” he said. “There has to be some sort of sense that kids are coming out school being able to read and compute and be on a successful path.”

Finally, the U.S. education department is also seeking more clarity on how the state is tracking the progress of students learning English as a second language. It said the state needs to provide a clear timeline on when it can provide specific goals and more detail about how the state will use data to determine school quality.

Chapman said the state education department did not have the data available to provide the federal government the information it needed. However, that’s changing and he expects that portion of the plan to be accepted.

The Every Student Succeeds Act was signed by President Barack Obama in 2015. The law required states to develop plans to outline how it would use federal dollars to improve schools, teacher quality and boost language proficiency for students learning English as a second language.

Pushback from the U.S. education department to states has been more stern than many education policy observers expected given DeVos’s support of school choice and local control.

Chapman said the federal department has been helpful.

“They’re asked to uphold the letter of the law, he said. “I do think they’re approaching it in anyway that they’re being helpful to states to write a plan that’s consistent with statue.”

Every Student Succeeds Act

The Indiana State Board of Education is hitting the brakes on a plan to overhaul A-F school grades

PHOTO: Shaina Cavazos
Students in IPS School 91's multi-age first-, second- and third-grade classroom work on math activities.

The Indiana State Board of Education is pressing pause on a proposed overhaul of how schools are graded that drew criticism from educators and some education advocates.

Board members said they wanted more time to consider how the A-F proposal — initially created to address new federal accountability law — would work alongside new graduation requirements and to incorporate feedback from educators about how the school grades are calculated, especially for high schools.

That means for this year, the 2018-19 school year, and possibly longer, Indiana schools will be measured according to two different yardsticks — a state model introduced in 2016 and a federal system that complies with the new Every Student Succeeds Act.

Read: Indiana has a curious plan to sidestep federal rules — give schools two A-F grades next year

The board met Wednesday to continue hammering out the new process for calculating state grades, a draft of which was approved in January. But just as the meeting started, board member Byron Ernest suggested pausing process, aiming instead for a new A-F grading model for the 2019-20 school year at the earliest.

“I would like for us to take a step back and do some research,” Ernest said. Four of the state board members were absent, including state Superintendent Jennifer McCormick. The seven present board members quickly reached a consensus that they should postpone a decision on the A-F rules, though no official vote happened.

As it stands now, the state and federal grading methods for calculating school ratings have important differences. The federal grade calculation, for example, would include school attendance rates and language proficiency of English-learners, whereas the state calculation would mainly rely on state test scores and test score growth. Because Indiana’s calculation also excludes certain students that the federal plan includes, such as those receiving credit recovery services, the final ratings could differ significantly for the same school. Although state and federal accountability metrics have differed in the past, the differences going forward would be more significant.

The differences ultimately add a lot of confusion to a state accountability system designed to be simpler to understand for teachers, parents, and the community.

Cari Whicker, a board member and principal, said the changes Indiana has made to testing and accountability have been exhausting and frustrating for schools.

“Either A-F accountability or testing has changed every year since 2011,” Whicker said. “That’s a lot for schools. What you consider tweaking is truly moving the target for people in the field.”

The pause is also an about-face from a meeting just a couple months ago, where board members shot down a similar proposal from Gordon Hendry to slow down. On Wednesday, Hendry said he was glad to hear Ernest’s proposal.

“That’s what I advocated for in January — wouldn’t it behoove us to take our time,” Hendry said.

In January, educators and education advocates came forward with concerns over the process for creating the new school grades, which they said was far too fast and not transparent. They also took issue with the substance of the state plan, which would have made test scores more important and limited how much test score improvement could have factored into high school grades.

It’s not yet clear exactly what changes the board wants to make in the state A-F grading model that haven’t already been discussed or considered. The Indiana Department of Education released its federal ESSA plan over the summer, and the board has had multiple opportunities to examine that plan and give feedback.

Further discussion is expected at the state board’s April meeting.

Every Student Succeeds Act

Plans for a single Indiana diploma advance with new rules that raise the bar for graduation waivers

In a move that might make it more difficult for some students to graduate, Indiana lawmakers are considering raising the threshold for allowing students to earn a diploma when they have fallen short of some state requirements.

A proposal to change the graduation waiver system is the latest attempt by the state to amend graduation requirements as part of a policy initiative to ensure that students are prepared for life after high school. The change in waiver policy could make it more challenging for students who struggle academically to complete high school.

“I want to make sure we have as few waivers as possible,” said Rep. Bob Behning, Republican chairman of the House Education Committee and author of House Bill 1426, which includes the waiver changes. And if a waiver is necessary, he said, he wants the requirements to be stringent enough to ensure post-graduate success.

The proposed waiver requirements are part of a sweeping effort by the state to align state law with the state’s new graduation pathways system. The bill, which passed its first major hurdle with the approval of the House Education Committee on Tuesday, would combine the state’s four diplomas into one to deal with the effects of a change in federal law that no longer counts the state’s less-rigorous general diploma in the federal graduation rate. With one diploma, Indiana would be more likely to pass muster under the new federal rules, but final approval from the federal government won’t come for several months.

An amendment to the bill proposed on Tuesday will change Indiana’s policy for allowing students to receive a waiver that, while controversial, is widely used. More than 8 percent of the more than 70,000 students who graduated last year received waivers from meeting graduation requirements.

Supporters say waivers provide opportunities to students who might face challenges that affect their ability to meet the basic graduation requirements. But critics say they allow high schools to push through students that lack the kind of skills needed to be successfully employed.

Waiver requirements for students with disabilities would not change under the new proposal.

The current system allows students who repeatedly fail required state tests in English and math to be granted a waiver that lets them graduate if they meet other criteria.

But under the new pathways system, which will affect students now in seventh grade, the state graduation exam will be replaced with one of several new graduation pathways requirements, which could include passing a college-entrance exam, taking career and technical education classes, or passing advanced courses.

Under Behning’s proposal, a waiver would be granted if a student had earned an average GPA of 2.0; maintained 95 percent attendance; or if he or she has been admitted to college, a job training program, the military or has an opportunity to start a career.

The bill allows a school’s principal to approve alternative requirements but doesn’t address how those would be developed. The new rules could also be used by students transferring from schools that are out of state or from private schools not held to graduation pathway rules.

The current criteria to receive a waiver do not call for students to be admitted to college, the military or a job. Students do have to maintain a 95 percent attendance record and a 2.0 grade point average, and also have to complete requirements for a general diploma, take a workforce readiness assessment or earn an industry certification approved by the state board. The standards also require students to obtain letters of recommendation from teachers (with approval of the school principal) and to use class work to show students have mastered the subject despite failing the graduation exam.

It’s not yet clear how many students might be affected by a change to the graduation waiver system. In the months since the Indiana State Board of Education approved the new graduation pathways, educators have raised concerns to state board staff members about the types of students who might not have a clear-cut pathway under the plan — for example, a student headed to college who might not have an exceptional academic record. A waiver outlined by HB 1426 could give them another shot. But for students without definite post-graduation plans, that waiver could be out of reach.

None of the educators or education advocates who testified on the bill spoke out specifically on the waiver changes. Mike Brown, director of legislative affairs for the Indiana Department of Education, said that based on a “cursory look,” the department didn’t have any issues with it.

Aside from the diploma and graduation waiver changes, the bill would also:

  • Make Indiana’s high school test a college-entrance exam, such as the ACT or SAT, instead of end-of-year tests in English and math.
  • Encourage the state board to look into alternatives for Algebra 2, currently a diploma requirement.
  • Ask the state board to establish guidelines for how districts and schools can create “local” graduation pathways and how they would be approved by the state board. It would also add $500,000 to fund development of local pathways that districts and schools could apply for.
  • Eliminate the Accuplacer exam, which schools now use to see if high school students need remediation in English or math before they graduate.

Because the bill includes a request for state funding, it next heads to the House Ways and Means Committee.