students with disabilities

New York City says testing waiver sought by state could lower standards for students with disabilities

PHOTO: Monica Disare
New York City Schools Chancellor Carmen Fariña and State Education Commissioner MaryEllen Elia at Thomas A. Edison Career and Technical Education High School.

New York State wants to allow some students with disabilities to take below-grade-level exams — a plan that special-education advocates opposed and New York City officials questioned, arguing that would lower the standards for those students.

The state asked the federal education department in September for permission to give students with significant cognitive disabilities tests matched to their instructional level, rather than their age. State education department officials say this will provide schools with more useful information about what students have actually learned, while other supporters say it will spare those students from taking tests they have no chance of passing.

But New York City’s education department — which oversees half the state’s students — has raised concerns about the state’s request, while a coalition of 15 national special-education advocacy groups has urged U.S. Education Secretary Betsy DeVos to deny it. They argue that testing students below grade level would violate federal law, while city officials say that doing so would lower expectations of students with serious disabilities.

Maggie Moroff, a special-education policy expert at Advocates for Children, a New York City-based group that opposes the waiver, said she recognizes how frustrating it can be for students with disabilities to sit for exams they find extremely difficult and are unlikely to pass.

Nonetheless, “the waiver would give schools the opportunity to lower standards for students with disabilities,” she said, “instead of rising to the occasion.”

New York state submitted its testing waiver as part of a plan required under the new federal Every Student Succeeds Act. The request said that students may only be given a test written for younger students if they scored at the lowest level on the state exam or took an alternative test for students with severe disabilities in a previous year, are not qualified to take that alternative test in the current year, and have significant cognitive disabilities that affect their memory, language comprehension, or problem solving.

State officials said they expect only a small number of students would meet those criteria. Students would not be permitted to test more than two grade levels below their age, and students in grades 6-8 would have to take a test each year that is one grade above the one they took the previous year.

In their letter to DeVos, which was first reported by Education Week, the national Consortium for Citizens with Disabilities laid out several objections to New York’s waiver request. In addition to saying it violated the legal requirement that most students be tested at grade level, they said it would discriminate against students with disabilities and hide the achievement level of those students.

Meanwhile, the New York City education department also penned a letter to the state citing concerns about the proposal.

On a practical level, they said the student eligibility requirements were to left “many questions that need to be answered.” Disability advocates share this concern, saying that vague rules could allow districts to give below-grade-level tests to many students who don’t require them — reversing a yearslong effort by advocates to have students with disabilities take the same tests as their general-education peers.

The city also argued that the waiver risked lowering expectations of students with disabilities.

“It has been our experience that once we make a decision that a student is not able to take grade-level assessments, the likelihood of them being able to meet standards over time is significantly decreased,” said the city letter, which was signed by Sharon Rencher, senior advisor to the schools chancellor.

The state’s proposal has garnered some support, including from statewide associations of local school boards and superintendents. In all, 14 of 20 public comments submitted to the state were in “general support” of the waiver, according to the state education department.

Bob Lowry, deputy director of the New York State Council of School Superintendents, said he understands the importance of holding students with disabilities to high standards, but ultimately felt that forcing some students to take grade-level tests can do more harm than good.

“We just felt it was unfair to many of the kids,” he said. “They don’t have a realistic prospect of success and it’s just frustrating or discouraging for them.”

There is no guarantee that the federal education department will grant the waiver. The department rejected a similar request by New York in 2015. However, some observers think the state may stand a better chance under DeVos, who has emphasized the importance of letting states and districts make their own policy decisions.

A New York education department spokeswoman said districts would not be able to use the waiver to boost their accountability ratings because any student who takes a test below their grade level would automatically fall into the lowest score category.

“This waiver is simply designed to give a small group of students an assessment on which they may be able to demonstrate that which they do know,” said the spokeswoman, Emily DeSantis, “instead of giving them an assessment on which their result is likely to depend entirely on how well they guessed on the multiple choice questions.”

A spokeswoman for the city education department said it does not oppose the waiver request, but believes it presents challenges and questions that the city raised in a letter to the state.

“We remain committed to ensuring that all students are given every opportunity to access grade-level curriculum and assessments in order to ultimately earn their high school diploma and access all of the post-secondary options that this affords,” said the spokeswoman, Toya Holness.

Update: After the story published, Holness sent the following additional statement. “We appreciate that SED is working to give districts and schools more flexibility in assessing the progress and instructional needs of this small subset of students with disabilities without unduly frustrating them, and acknowledge SED’s clarification that this waiver is designed to enable these students to demonstrate their knowledge in a more meaningful way. We look forward to continuing to work with SED on this matter,” Holness 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.