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:

New Arrivals

In a letter to Betsy Devos, Michigan officials highlight the plight of refugee students — and ask for testing waiver.

PHOTO: Warren Consolidated Schools
Students at Warren-Mott High School in the Detroit suburbs. Officials there say that many students are arriving at the school from refugee camps, including 11th graders who had no formal schooling for nine or ten years. Such students would currently be required to take a state English test during their first year in school.

To teachers who work with recently arrived refugee students, the problem is clear: Although their students will eventually learn English, their language skills at first aren’t comparable to those of native speakers.

They’re hoping federal education officials will come to the same conclusion after reading the state’s detail-rich request to delay testing new immigrant children in English.

Michigan is he second state to ask for a waiver from a federal law that requires children who arrived in the U.S. this year to take standardized English tests within a year of arriving — even if they’re just being introduced to the language. The law also requires states to count such students’ scores in decisions about whether to close low-performing schools.

“We wanted to balance between presenting hard data and some anecdotes,” said Chris Janzer, assistant director of accountability at the Michigan Department of Education. “We’re hoping that the case we present, with some of the stories, will win us approval.”

The state’s request includes stories from the Detroit area, which is home to the nation’s largest concentration of Arabic speakers, including many newly arrived refugees fleeing wars in the Middle East. This population is unique in more ways than one: It includes more than 30,000 Chaldean Christians who arrived after the U.S. invasion of Iraq in 2003 — the largest such population in the world outside Iraq. And many of its children must deal with the aftereffects of violent displacement even as they attempt to attend school in what is in many cases an entirely new language.

The state’s waiver request offers Hamtramck, a hyper-diverse city enclave in Detroit, as an example:

Hamtramck has many recent arrivals from war-torn regions in Yemen and Syria and has students from remote villages with no formal education background, as well as many others with interrupted learning. New students can have toxic stress and can even be suicidal, and often require wraparound services. Older students are also often burdened with the responsibility of helping their families financially, emotionally, and with childrearing.

Even the luckiest new arrivals would benefit if Michigan receives a waiver from parts of the federal Every Students Succeed Act, says Suzanne Toohey, president of Michigan Teachers of English to Speakers of Other Languages.

“The intent of the waiver is for the most needy students, but it will help all students,” she said, adding that it typically takes 5-7 years for an English learner to catch up to her native-speaking peers.

With that in mind, Toohey says current federal requirements don’t make sense.

“It would be like an adult who is many years out of school, and who took French for two years of high school, going to France and trying to take a college course,” she said. “It’s just not going to happen.”

Following the same logic, Michigan officials are asking U.S. Education Secretary Betsy DeVos to put the brakes on federal requirements for testing recently arrived English learners. If the waiver request is approved:

  • In their first year in Michigan schools, those students wouldn’t be required to take the state English language arts exam.
  • In their second, they would take the test, but schools wouldn’t be held accountable for their scores.
  • In year three, the growth in their scores on the English exam would be factored into school ratings.
  • And in year four their overall score — known as proficiency — would be counted as well as their growth.

That’s still too soon to begin testing English learners, Toohey said, noting “the waiver is a start, but we haven’t gotten all the way there.”

Even so, the proposed change still faces substantial obstacles. New York’s request for a similar waiver was denied by the U.S. Department of Education in January. In its response, the department said it was holding New York to its responsibility to “set high expectations that apply to all students.” Janzer says his staff studied New York’s waiver and concluded that Michigan’s should include more details to humanize the situations of the affected students.

Michigan officials are currently working to incorporate public comments (there were seven, all of them supportive, Janzer said) into its request, which is expected to be submitted in the coming weeks. A decision isn’t expected from federal officials for several more months.

Whoever reads the 10-page document in Washington, D.C. will be confronted with details like these:

  • Lamphere Schools, of Madison Heights, MI, has received a significant influx of students from Iraq and Syria, and at least one elementary school’s student body is roughly 70 percent recently arrived students from these two nations. Lamphere reports that some students initially undergo temporary “silent periods,” a researched stage of second language acquisition, where children are watching and listening, but not yet speaking.
  • Warren Consolidated Schools, of Warren, MI, reports that they have many students from refugee camps, including students who are testing in 11th grade after having no formal schooling for nine or ten years. Warren Consolidated has received 2,800 students from Syria or Iraq since 2007.

Read the full document here. Most local details are on pages 7-9.

live stream

WATCH: Candidates for Detroit school board introduce themselves live

PHOTO: Koby Levin
Detroiters at IBEW 58 wait for candidates for school board candidates to address them.

The nine candidates for Detroit school board are gathering Thursday evening at IBEW 58 in Detroit to make their cases in advance of the November general election in which two seats are up for grabs.

The candidates have already introduced themselves in video statements, but this is one of their first chances to address the public in real time.

We’re covering the event — including a live stream the candidates’ opening statements, which should start around 7 p.m.

Click below or check out our Facebook page to see what they have to say. The candidate speeches begin at around the 12:00 minute mark.