Payment dispute

Disputes with Tennessee testmakers aren’t new. Here’s an update on the state’s lawsuit with Measurement Inc.

PHOTO: Dylan Peers McCoy

The testing company fired by Tennessee’s education department two years ago may have to wait until 2019 to settle the case, according to documents recently obtained by Chalkbeat.

As the future of the state’s current testing company, Questar, remains uncertain after a series of testing snafus this year, Tennessee continues to build a case against the first company it hired to usher in online testing three years ago.

The $25.3 million lawsuit, filed by Measurement Inc. of North Carolina, says the state owes about a quarter of the company’s five-year, $108 million contract, which Tennessee officials canceled after technical problems roiled the test’s 2016 rollout. So far, the state has paid the company $545,000.

The 2016 test was meant to showcase TNReady, the state’s new, rigorous, online testing program. But the online exam crashed, and the state abandoned it, asking Measurement Inc. to pivot to paper tests. After numerous delays in delivering the paper tests, Education Commissioner Candice McQueen fired the company.

Measurement Inc. filed a lawsuit last June, and the state Department of Education responded in January with a counterclaim saying the company did not fulfill its duties. Now, the state and the company have through spring 2019 to build their cases and call witnesses. (You can view Measurement Inc.’s claims, and the state’s counterclaim below).

The company argues that the state’s decision to cancel online testing and switch to paper was a series of “unrealistic, arbitrary, and changing demands,” and therefore, the state shares blame for the canceled test.

But the state department countered in its January response that Measurement Inc. breached its contract and didn’t communicate truthfully about the status of the online exam.

After Measurement Inc., Tennessee entered into a two-year contract with Minnesota-based Questar to revive the TNReady online exam. In 2017, the state opted to only use paper exams, and testing went smoothly for the most part, outside of delays in returning test results.

But things didn’t go well this spring, when Tennessee tried to return to online testing under Questar. The reasons for the complications are numerous — but different from issues that ruined the online test’s 2016 debut.

Although Tennessee completed its online testing this spring,  it was beset with technological glitches, a reported cyber attack on the testing system, and poor internet connectivity. Many districts are not planning to use the scores in student grading, and teachers can opt out of using the scores in their evaluations.

The state is negotiating with Questar about its $30 million-a-year contract and also is asking Questar’s parent company, Educational Testing Services, to take on the design work of TNReady. McQueen did not offer specifics about either, but any changes must be approved by the legislature’s fiscal review committee.

Questar’s two-year contract ends Nov. 30, and the state either will stick with the company or find its third testing vendor in four years.

You can view Measurement Inc.’s claims, and the state’s counterclaim, in full below:

Measurement Inc.’s June 2017 claim:

The Department of Education’s January response:

Measurement Inc.’s February response:

Follow the ratings

Illinois education officials laud their school ratings — but critics say they don’t go far enough

Illinois rolled out its new school accountability system in the Illinois Report Card late last month.

State education officials publicly lauded their new school rating system Friday, even as a new, nationwide analysis of school improvement plans criticized Illinois’ approach as too hands-off.  

While the state developed a clear rating system as the federal government requires, Illinois falls short in follow-through, according to the report from the Collaborative for Student Success, a non-profit advocacy group, and HCM Strategies, a policy analysis group.  

“The state is taking too limited a role in leading or supporting school improvement efforts,” said the report, which examined how 17 states are implementing school improvement plans under the federal Every Student Succeeds Act, which was passed in 2015 and replaced the No Child Left Behind Act.

Both those federal laws task states with identifying and helping improve underperforming schools and with creating criteria to judge which schools are doing well. Illinois rolled out its new school accountability system in the Illinois Report Card late last month.

State officials disagree with the criticism.

“Illinois is being held up as a model for other states to follow,” said Ralph Grimm, chief education officer of Illinois, speaking at the monthly state board of education meeting on Friday. “The entire (state) team has to be commended for providing useful information.”

Illinois’ rating system places every public school in the state into one of four categories based in part on scores on the annual PARCC standardized tests (click here to see how Chicago schools ranked).

Only about a third of Illinois students scored proficient or higher on PARCC tests administered last spring. In reading, 37 percent of students in grades 3 through 8 met that benchmark, while in math 31 percent did. Despite that, the state awarded 80 percent of its schools a “commendable” or “exemplary” rating. 

The state labeled 20 percent of schools “underperforming” or “low performing,” the only designations that could trigger state action. Intervention measures include improvement plans, visits from specialists, and additional funding.

The state released its ratings just days after Chicago released its own batch of school ratings, which take into account a different set of metrics and a different standardized test.

Grimm said the next step will be asking the state’s lowest-performing schools to draft improvement plans and then connecting them with experts to implement their changes.

The state ratings pay particular attention to how schools educate certain groups of students — such as children of color and English language learners. Improvement plans will focus on ways to raise their achievement levels.

Under the latest state rankings, nearly half of Chicago schools failed to meet the state’s threshold for performance, with a disproportionate number of high schools on the low-performance list. Nearly all of under- and low-performing Chicago high schools are on the South Side and sit in or border on the city’s poorest census tracts.

The state could grant underperforming schools $15,000, and  the lowest performers can apply for $100,000 under its IL-Empower program — which helped schools improve by funneling federal funds to them. Advocates have welcomed the change to a carrot to help schools pull themselves up, after years of sticks that overhauled and cut funding for low-performing schools.

Nationally, the Collaborative for Student Success report applauded Colorado for its streamlined application system, and Nevada for asking districts to directly address equity.

The collaborative criticized Illinois for failing to involve parents and community members in its plan. The group also said the state needs to give districts more guidance on putting together school improvement plans. 

carry on

These 16 Denver charter schools won renewal from the school board

PHOTO: AAron Ontiveroz/The Denver Post
Sebastian Cruz waves to Rev. Leon Kelly as he works with children in a classroom during his after-school program at Wyatt Academy in September 2018.

The Denver school board on Thursday night unanimously renewed agreements with 16 of the district’s charter schools. The lengths of those renewals, however, varied from one year to five years — and signaled the board’s confidence in the schools to deliver a quality education.

The board also accepted Roots Elementary’s decision to close and surrender its charter at the end of this school year. The Park Hill school is facing low enrollment and high costs.

Denver Public Schools is a charter-friendly school district that has for years shared tax revenue and school buildings with its 60 publicly funded, independently operated charter schools. The schools are controversial, though, with opponents viewing them as privatizing public education.

Every charter school in Denver has an agreement with the district that spells out how long it’s allowed to operate. To continue running after that time period, the charter school must seek renewal. The arrangement is part of the deal for charters: They get the flexibility to operate independently, but they must periodically prove to the district that they’re doing a good job.

The school board relies on one set of recommendations from Denver Public Schools staff and a second set of recommendations from a districtwide parent committee in deciding how long a leash to give each charter school. The district staff and the parents on the committee consider factors such as test scores, school culture, financial viability, and the strength of a school’s leaders when making their recommendations.

They also consider a school’s rating on Denver Public Schools’ color-coded scale based largely on academic factors. The School Performance Framework, or SPF, labels schools either blue, green, yellow, orange, or red. Blue means a school has a distinguished academic record, while red means a school is not meeting the district’s expectations.

The staff recommended the school board renew the charters of all 16 schools that applied. Two other charter schools — DSST: Cole Middle School and Compass Academy — are also up for renewal this year. But because they earned the district’s lowest rating, they must go through a separate process in which they will present a detailed improvement plan. Their renewals will depend on the strength of their plans, which is why they weren’t included in this batch.

The board approved the 16 renewals Thursday without discussion. All of the new terms begin next school year. Here’s the rundown:

STRIVE Prep Federal, a middle school in southwest Denver
Year opened: 2006
School rating: Green
Renewal: Five years

DSST: Green Valley Ranch High School, a high school in far northeast Denver
Year opened: 2011
School rating: Green
Renewal: Five years

Rocky Mountain Prep Creekside, an elementary school in southeast Denver
Year opened: 2012
School rating: Green
Renewal: Five years

DSST: College View High School, a high school in southwest Denver
Year opened: 2015
School rating: Green
Renewal: Three years, with a possible two-year extension

KIPP Northeast Denver Leadership Academy, a high school in far northeast Denver
Year opened: 2015
School rating: Blue
Renewal: Three years, with a possible two-year extension

KIPP Northeast Elementary School, an elementary school in far northeast Denver
Year opened: 2015
School rating: Yellow
Renewal: Two years, with a possible three-year extension

Rocky Mountain Prep Southwest, an elementary school in southwest Denver
Year opened: 2015
School rating: Yellow
Renewal: Two years, with a possible three-year extension

Wyatt Academy, an elementary school in northeast Denver
Year opened: 2003
School rating: Yellow
Renewal: Two years, with a possible two-year extension

KIPP Northeast Denver Middle School, a middle school in far northeast Denver
Year opened: 2011
School rating: Yellow
Renewal: Two years, with a possible two-year extension

Downtown Denver Expeditionary School, an elementary school in central Denver
Year opened: 2013
School rating: Yellow
Renewal: Two years, with a possible two-year extension

Denver Justice High School, an alternative high school for at-risk students in central Denver
Year opened: 2009
School rating: Yellow
Renewal: Two years, with a possible one-year extension

REACH Charter School, an elementary school in central Denver
Year opened: 2015
School rating: Yellow
Renewal: Two years, with a possible one-year extension

Monarch Montessori, an elementary school in far northeast Denver
Year opened: 2012
School rating: Orange
Renewal: One year, with a possible two-year extension

STRIVE Prep SMART, a high school in southwest Denver
Year opened: 2012
School rating: Orange
Renewal: One year, with a possible two-year extension

Academy of Urban Learning, an alternative high school for at-risk students in northwest Denver
Year opened: 2005
School rating: Red
Renewal: One year, with a possible one-year extension

Rise Up Community School, an alternative high school for at-risk students in northeast Denver
Year opened: 2015
School rating: Red
Renewal: One year