talking testing

Opt-out movement unlikely to provoke sanctions from state, this time around

PHOTO: Geoff Decker
A protest in 2014 at P.S. 321 in Park Slope against the state English exams.

In less than two months, students across New York state will pick up their pencils and sit for math and English state assessments.

But what will the state do if, like last year, thousands of families decide that their kids will refuse to take the tests?

This year, it appears the answer is nothing. Though a federal mandate that 95 percent of students take state assessments still applies to New York, members of the Board of Regents indicated this week they are not inclined to impose sanctions on schools or districts with a low participation rates. They are, however, looking to craft a long-term plan.

“We made a statement that we would not withhold funds from districts,” Chancellor Merryl Tisch said Monday about the board’s position last year. “I don’t see this language as being any different than what our response was originally.”

The discussion comes after 20 percent of students statewide opted out of taking the assessments last year in an unprecedented rejection of state policy. Since then, the state education department has been under pressure from federal officials, and New York’s new education commissioner has embarked on a mission to convince more families to take the tests.

Instead of threatening sanctions, Commissioner MaryEllen Elia has preferred to address concerns about the tests themselves. She announced that the exams would be shorter, and that students would have unlimited time to complete them to help alleviate pressure. She has also toured the state to spread her message to parents.

“Much of what I heard as I went across the state was that, in fact, parents didn’t know some of the information that might influence them,” Elia said.

Whether that will make a difference remains to be seen. But the state has more time to create a system that enforces the 95 percent participation rule under the new federal education law. The law allows states to decide the consequences when enough students don’t participate, but it doesn’t take effect until the 2016-17 school year. In the meantime, state officials say they want to think carefully about a long-term plan.

Developing that plan is “very challenging,” said Ira Schwartz, New York’s assistant state education commissioner. On the one hand, the state wants to avoid allowing schools and districts to manipulate data by helping low-performing students avoid the test under the guise of opting out. On the other hand, he said, the state does not want to penalize schools that are doing well because a cohort of families chooses not to take the test.

Though Regents are wary of cracking down on their own this year, New York still faces the threat of federal sanctions. The state education department received a letter from the U.S. Department of Education in December warning that it could be in for a reduction in funding for failure to comply with the law.

It is unclear how serious these threats are. Elia said that the letter shouldn’t be taken lightly, but said that she hopes her efforts to tweak the tests and communicate with parents will be enough to secure funding.

“We’re talking about considerable lack of funds if in fact they chose to do that,” Elia said about the threats of federal sanctions. “I don’t think they will.”

Opt-out leaders have said they are not satisfied with the changes that Elia has made. They have promised to continue boycotting state tests, and expect the movement to grow this year.

If the opt-out movement does remain a force, and the federal government decides to pull funding it controls, it could affect the state’s neediest schools, Regent Beverly Ouderkirk noted Monday, since schools with a large share of low-income students rely on federal Title I funding.

For now, schools will be receiving mixed messages, Regent Betty Rosa acknowledged.

“They’re caught between a law and mandate, and parents who say they have this choice,” she said.

making the rounds

Tennessee’s new education chief ‘very confident’ that online testing will be smooth in April

PHOTO: Shelby County Schools
Tennessee's new education commissioner Penny Schwinn (second from left) met with Douglass High School students and Shelby County Schools leaders Friday.

As Tennessee’s new education commissioner wrapped up her second week on the job by visiting four schools in Shelby County, Penny Schwinn said she feels “very confident” the state has learned from its mistakes in online testing.

During the more than three-hour ride to Memphis on Friday, Schwinn said she continued to pore over documents showing evidence that the corrections the state department staff have put in place will work.

“I feel very confident that our team has looked into that,” she told reporters in a press conference after meeting with students. “They’re working with the vendor to ensure that testing is as smooth as possible this year.” Currently the state is working with Questar, who administered TNReady online last year.

She also said the state’s request for proposals from testing vendors, which is already months behind, will be released in about two weeks.

PHOTO: Shelby County Schools
From left: John Bush, principal of Douglass High School; Penny Schwinn, Tennessee Education Commissioner; and Joris Ray, interim superintendent for Shelby County Schools.

“No later than that,” she said. “We hope and expect to have a vendor in place before the end of the fiscal year,” in late June.

The day Schwinn was hired, she said getting state testing right would be her first priority. Three years of major technical failures have severely damaged the trust educators and parents have in the state’s test, TNReady. It is the main measure of how schools and teachers are doing, but state lawmakers exempted districts from most testing consequences in 2018.


From Schwinn’s first day on the job: Tennessee’s new education chief wants to ‘listen and learn’ with school visits


Prior to talking with reporters, Schwinn said she heard “hard-hitting questions” from several students at Douglass High School in Memphis about what the state can do to improve education. Schwinn has said she will visit Tennessee schools throughout her tenure to ‘listen and learn’ by talking to students and educators.

Reporters were not allowed to attend the student discussion with Schwinn and some Shelby County Schools leaders.

Douglass High entered Shelby County Schools’ turnaround program, known as the iZone, in 2016 and saw high academic growth in its first year. But test scores fell this past year as the state wrestled with online malfunctions.

Timmy Becton Jr., a senior at Douglass High, said he hopes for fewer tests and more projects to demonstrate what a student has learned. Those kind of assessments, he said, can help a student connect what they are learning to their daily life.

PHOTO: Shelby County Schools
Tennessee’s new education commissioner met with students at Douglass High School and Shelby County Schools leaders.

“We figured it would be a different way to measure and see how much knowledge a student really has on a specific subject,” he told Chalkbeat after meeting with Schwinn during a student roundtable session. “It’s a good alternative to taking tests.”

He said he was “surprised and happy” to see Schwinn actively seek student perspectives.

“I really think that’s the most important part because students are the ones going to school every day,” Becton said. “So, if you want to find a good perspective on how to solve a problem, it’s really great to talk to the people who are actively involved in it and the people who are actually experiencing these problems directly.”

The state’s annual testing window runs from April 15 to May 3.

School discipline

Michigan schools have expelled fewer students, but that may not be cause for celebration

PHOTO: Getty Images

Michigan schools have expelled far fewer students since the state enacted laws aimed at cutting back on expulsions. But an advocate who’s pushed for an end to zero-tolerance policies pointed out persistent problems and told elected state education leaders this week that, “We shouldn’t start celebrating yet.”

This is why: Peri Stone-Palmquist, executive director of the Ypsilanti-based Student Advocacy Center, told State Board of Education members that in the 18 months since the new laws took effect in 2017, expulsions have dropped 12 percent. But she’s concerned that too many school leaders don’t understand the law or are ignoring its requirements. And she believes some schools are finding other ways of kicking kids out of school without expelling them.

Michigan did away with zero-tolerance policies that had earned it a reputation for having some of the toughest disciplinary rules in the nation. In their place, lawmakers instituted new rules, such as requiring schools to consider seven factors — including a student’s age, disciplinary record, disability and seriousness of the incident — in making expulsion decisions.

“We have had districts and charters tell advocates that they would not consider the seven factors at all,” Stone-Palmquist said. Others aren’t sharing with parents and students how those seven factors were used. And she said there’s a general “lack of understanding of lesser interventions and the persistent belief that lengthy removals remain necessary.”

That’s a problem, she and others say, because of the negative consequences of kicking students out of school. Studies have shown that students kicked out of school are often missing out on an education and are more likely to get into trouble. Advocates also worry that expulsion exacerbates what they describe as a “school-to-prison” pipeline.

She said advocates are noticing that more students are receiving long suspensions, an indication that some schools are suspending students rather than expelling them. Hiding students in suspension data won’t work much longer, though. Michigan now requires schools to collect such data, which soon will be public.

Stone-Palmquist also said that some schools aren’t even going through the expulsion process, but simply referring students with discipline issues to “understaffed virtual settings.”

“Once again, the students who need the most get the least, and no one has to report it as an expulsion.”

Stone-Palmquist gave an example of a ninth-grader involved in a verbal altercation who was expelled for a long time for persistent disobedience, “despite our team lining up extensive community resources for him and despite the district never trying positive interventions with him.”

In another case, a fifth-grader was expelled for 180 days for spitting at another student who had done the same to them first. Stone-Palmquist said the seven factors weren’t considered.

“We were told at the appeal hearing that the student’s behaviors were too dangerous to consider lesser interventions.”

She and Kristin Totten, an education lawyer for the ACLU of Michigan, provided board members with statistics that some members found alarming. Totten noted that an ACLU review of data collected by the federal government shows that for every 100 students in Michigan, 38 days are lost due to suspension. In Oakland County, 26 days are lost for every 100 students. In Macomb County, it’s 35 days and in Wayne County, it’s 55 days.

One child who’s experienced trauma for years was repeatedly suspended from multiple schools. The 11-year-old has been diagnosed with post-traumatic stress disorder and attention deficit hyperactivity disorder. This school year, she’s been suspended for 94 days.

“Never once were the seven factors mentioned to her mother,” Totten said.

Stone-Palmquist asked board members to consider recommendations, including developing a model student code of conduct that incorporates the new rules, partnering with the advocacy center to request an attorney general’s opinion on what districts are required to do, and expanding data collection.

Tom McMillin, a member of the state board, asked whether the state should consider financial penalties, such as withholding some state aid.

“I’m a fierce advocate for local control. But in areas where the incentives might not be there to do what’s right … I’m fine with the state stepping in,” McMillin said.

Board member Pamela Pugh said she appreciated the push for the board to “move with great speed.” She said the data and stories provided are “compelling, as well as convincing.”

Stone-Palmquist said that despite her concerns, there have been some successes.

“Districts that used to automatically expel 180 days for fights, for instance, have partnered with us to dramatically reduce those removals with great outcomes,” she said. “We know alternatives are possible and that they actually help get to the root of the problem, prevent future wrongdoing and repair the harm.”

The Detroit school district didn’t come up during the hearing. But on the same day Stone-Palmquist presented to the state board, Detroit Superintendent Nikolai Vitti gave a presentation to his local board of education about what’s happened in the months since the district embarked on an effort to improve school culture by revising the student code of conduct, hiring deans for each school, and providing training on alternative discipline methods.

The bottom line: Vitti said that schools are booting out dramatically fewer students and greatly increasing alternative methods of discipline. In-school suspensions are up, given the push against out-of-school suspensions.

But the changes have also raised concerns. Some school staff have said the new rules are tying their hands. Vitti said it will take time for the changes to take hold, and he outlined some areas that need to improve, including more training.