Please help us stop John King's "test and punish" ESSA regulations

John King, now US Education Secretary, is up to his old tricks and is trying to eliminate all the flexibility that Congress intended the new law called ESSA to achieve.  He instead wants to require that states punish schools with high opt out numbers and to impose a single grade on all schools-- which NYC wisely moved away from.  Other problems with the proposed regs are below. 

Please take a minute to leave a comment on the US ED Gov site on these proposed regs by using the NPE suggestions below -- and click on the link to send a letter to your members of Congress; if you can, try to edit the letter a bit so it doesn't register as spam.   thanks! 

We urge you to take a stand against the proposed regulations drafted by U.S. Secretary of Education John King for implementing the accountability provisions of the Every Student Succeeds Act (ESSA).  Although the intent of ESSA was to put an end to the “test and punish” regime of NCLB and give more flexibility to the states, in some ways the draft regulations are even more punitive and prescriptive than under NCLB.

For example, although ESSA permits states to pass laws allowing parents to opt their children out of taking the state tests, the draft regulations would require states to harshly punish or label as failing, schools in which more than 5% of students opt out.

The regulations would also require that every public school in the country receive a single grade--based primarily on test scores and other strictly academic factors -- even though the law properly leaves it up to the states to devise their own grading systems within certain limits. This would impose simplistic and damaging school grades that have already been found defective in many states and districts across the country.


In short, these proposed regulations would micro-manage the ability of states to create their own accountability systems, and take away the opportunity for parents and educators to have a real voice in their school accountability system.

It is imperative that we push back now while there is still time to change course. We need you to do two things as soon as you can:

1.     Please cut and paste the comments below the line into the area for comments on the US Department of Education website, which you will find by clicking here – or revise them according to your liking.

2.     Complete our Action Alert and send a letter to your own representatives urging them to block these destructive regulations. We make it easy to do! Just click here.

It is critically important that you take the time to try to improve these regulations, before it’s too late – and stand up for our public schools and students.

Although the comment period is open until August 1, we ask that you take action as soon as possible and preferably by Tuesday, June 29 because the Senate is questioning Sec. King on Wednesday. Thanks for your help!
Carol Burris, Executive Director of NPE
___________________________________________________________
Please cut and paste the text below here, or revise if you prefer.
 
I oppose the following proposed regulations as contrary to the language and spirit of ESSA and because they will impose damaging and overly prescriptive mandates on our public schools.
In each case, the US Department of Education is foisting its own preferences while tying the hands of states, districts, parents, and educators to devise their own accountability systems, as ESSA was supposed to encourage. Specifically:

1. Draft regulation 200.15: This would force states to intervene aggressively and/or fail schools in which more than 5% of students chose not to take the state tests. This violates the provision in ESSA recognizing “a State or local law regarding the decision of a parent to not have the parent’s child participate in the academic assessments”


Recommendation: This regulation should be deleted. States should be able to exercise their right to determine what measures should be taken if students opt out, free of federal intrusion.

2. Draft regulation 200.13
The law requires states to create a growth score as an indicator for elementary and middle schools. Secretary King has inserted “based on the reading/language arts and mathematics assessments” into the regulation. This would prevent states from creating their own measures of student learning across the curriculum, based on factors other than standardized test scores.

Recommendation: The language “based on the reading/language arts and mathematics assessments” should be deleted from the regulation so that states have the freedom to devise their own measures of student growth.


3. Draft regulation 200.14

The law requires that there be four accountability indicators. The fourth is a school quality indicator that is not based on test scores or graduation rates. States have the freedom to include school climate data, parent engagement, or other factors related to school quality. The proposed regulation insists that such measures prove by research how they are linked to achievement or graduation rates, therefore restricting what states can include.

Recommendation: This regulation should be amended by allowing states to encourage improvements in school climate, safety, engagement, or other factors that may or may not be directly linked to academic achievement, but are important in their own right.


4. Draft regulation 200.17

Proposed 200.17 would require that the test scores and graduation rates of any subgroup (such as students with an IEP or disadvantaged students) of at least 30 students be measured for accountability purposes. Both NCLB and the ESSA leave the decision of minimum subgroup size for the states to decide. The regulations argue that group size of 30 is sufficient to provide a fair and reliable rating, but this claim has no basis in research. It should be noted that with a group size of 30, even 2 absent students will push the school below the 95% participation requirement.

Recommendation:

The minimum group size should be decided by states, as the law requires, after consultation with researchers, given the high-stakes consequences for schools.

5. Draft regulation 200.18
This would require that each school receive a single “summative” grade or rating, derived from combining at least three of the four indicators used to assess its performance.  Yet imposing a single grade on schools has been shown in states and districts across the nation to be overly simplistic, unreliable and unfair, and is nowhere mentioned in the law. This is why it has been severely criticized in Florida, for example, and why NYC has moved away from such a system. The proposed regulations go further and forbid states from boosting a school’s rating if it has made substantial improvement on the 4^th or non-academic category.

By doing so, the US Department of Education is again undermining the right of each state to determine its own rating system, and whether it chooses to provide a full or narrow picture of school performance.


 Recommendation: DoE should allow states to retain the authority given to them by ESSA to create their own rating systems, and to determine their own weighting of various factors. The federal government should be prevented from requiring that schools be labelled with a single grade, just because that happens to be its own policy preference.

A mother's lament after learning the grades of her sons' schools

 Lots more commentary and criticism of the latest school grades.  Gary Rubinstein explained how the DOE's claims of stability are an example of "how to lie with statistics" here. The NY Post pointed out that the Ella Baker school  which got a "C" had just been singled out as one of the best schools in the city by the State Education Department. An editorial in the same paper criticized the grades as being entirely untrustworthy.  Eagle Academy, which last spring was praised by Bloomberg at a ceremony at Yankee Stadium as "a model for improving student achievement." fell from the 81% percentile to to 14%,   receiving a "C"  overall and a "D" for progress.   The Daily News reported that of the seven elementary and middle schools that DOE tried to close last year -- blocked by a lawsuit -- two got "B"s and the others "C"s.  Not a single one received a failing grade.  More about why these grades are so unreliable in our previous post, Why no one in his right mind should believe the school grades. 

Here is what one mom wrote, Tory Frye, after learning the grades of her sons' schools:



My sons' schools have a C and a D!  Last year was great for my older son at the "C" school and my little guy come homes from Kindergarten at the "D" school and describes the most loving, stimulating and creative environment.

My older son wrote a letter to  the [US Attorney General] Eric Holder last year about the effectiveness of incarceration of non-violent offenders as a crime prevention strategy (and got a response) and wrote a 9-page paper on Thomas Jefferson.  My 5-year old son came home the other day and said that a month is a long time because it is 4 weeks long and a week is 7 days long so that is 28 days altogether.  Oh, and he has art, music, movement and drama all year long!

Yeah, these two schools suck.  -Tory Frye

Why no one in his right mind should believe the school grades OR the teacher growth scores

UPDATE: Here is Gary Rubinstein's new graph of school ranks. this year compared to last, according to the Progress reports.  The "x" axis is 2011; the "y" axis is 2012. 
The new DOE school grades for elementary and middle schools, euphemistically called “Progress reports,” came out with much fanfare, with 217 schools potentially put on the closing list because they either received failing grades or three “Cs” in a row, more than ever before.  As parent leader Shino Tanikawa pointed out in the New York Post, DOE is using unreliable grades to implement terribly misguided policies. (If you'd like to see your school's grade anyway, you can find it here.)

Last year’s headlines ran like this: School report cards stabilize after years of unpredictability. This year again, reporters cited claims of DOE officials, who “highlighted the stability of this year’s reports.”

It wasn’t true last year and it isn’t this year either.  Here is a figure from Gary Rubinstein’s blog from last year, showing no correlation between the rank order of schools in 2010 and 2011. I suspect the Gary’s illustration will be similar for this year, once he gets around to making it.

As InsideSchools reported, 24 out of the 102 schools that received “D”s or “F”s this year had received top grades of “A” or “B” the year before. Other high-performing schools, such as PS 234 in Tribeca that received an “A” last year, fell precipitously to a “C” with the same principal, same staff and most of the same students.  The school plunged from the 81^st to the 4^th percentile, which would have meant a “D,” if not for the DOE rule that no school that performs in the top third citywide can receive a grade lower than C, as Michael Markowitz pointed out in a comment on GothamSchools.

According to the DOE formula, 80-85% of school’s grade depends on last year’s test scores on the state exams.  Most of that figure is based on supposed “progress,” i.e. the change in test scores from the year before.  As I have pointed out many times, including in this 2007 Daily News oped, “Why parents and teachers should reject the new grades”, experts in statistics have found that the change in test scores at the school level from one year to the next is highly erratic and up to 32-80% random. 

In recognition of this fact, Jim Liebman, who developed the school grading system, originally told skeptical parents that the system would eventually incorporate three years of test scores, which would lessen the huge amount of volatility, a promise that DOE has failed to abide by.  For proof of this promise, see Beth Fertig’s book, Why Can’t U teach me 2 read?:

“…[Liebman] then proceeded to explain how the system would eventually include three years’ worth of data on every school, so the risk of big fluctuations from one year to the next wouldn’t be such a problem. (p.121)”

To make things worse, the state exams last year and the scoring guides were riddled with errors, as many parents, teachers and students noted . Finally, test scores are not a good way to assess school quality, for myriad reasons, even if the tests were perfect and the formula based on multiple years worth of data, as I pointed out in this NYT Room for Debate column. 

LESSON: Anyone who believes in the accuracy of these school grades is sadly misinformed, and DOE’s attempts to dissuade parents from sending their kids to schools with low grades or to close schools based upon such unreliable system is intellectually and morally bankrupt.

In another untenable move, the teacher “growth scores,” also based on the one year’s change in test scores, but this time at the classroom level, have been released to principals outside NYC.  These growth scores will be incorporated in the new teacher evaluation system to be imposed statewide.  See this excellent column by Carol Burris about how the heedless use of growth scores is likely to damage the education of our kids. 

Here are the detailed results of the statewide survey by principals, including their comments, showing that the vast majority believe that these scores are NOT an accurate reflection of the effectiveness of individual teachers.  More than 70% of principals also said they were “doubtful” or strongly opposed to any use of growth scores in teacher evaluations.  Aside from the annual volatility in these scores, there are many other problems with relying upon such flawed measures of teacher quality:

The growth scores, developed for the state by the consulting company AIR, attempted to adjust only for the following demographic factors: 

• Economic disadvantage (ED), but without differentiating free lunch or reduced lunch students – very different, with very different expected outcomes;
• Students with disabilities (SWDs), but not types or severity of disability;
• English language learners (ELLs).
  

And even though AIR did attempt to control for the above factors, they still admitted that teachers who work at schools with large numbers of students who were poor or had disabilities tended to have lower growth scores. 

AIR made NO attempt to control for classroom characteristics such as class size, or the racial/ethnic background of students, or any other variable that is known to affect achievement. This is different from the NYC value-added teacher data reports, released last year by DOE, widely derided as unfair and unreliable, which at least attempted to control for many of these factors.

Even so, Bruce Baker, professor at Rutgers, found that while the teacher data reports claimed to control for class size, teachers at schools with larger class sizes were significantly more likely to be found ineffective than those who taught at schools with small classes, and as “class size increases by one student, the likelihood that a teacher in that school gets back to back bad ratings goes up by nearly 8%.”  The situation with these growth scores is yet worse, with no attempt made to control for class size at all.  Is it fair to deny NYC teachers tenure and/or risk losing their jobs because they are saddled with larger classes than teachers in the rest of the state?

AIR also found that teacher growth scores tended to be higher in “schools with students with higher mean levels of ability in both ELA and in Mathematics.” This shows that teachers who work in schools with large numbers of low-achieving students are more likely to be found ineffective. 

Apparently NYC principals have not yet been offered the opportunity to examine the growth scores of their teachers, unlike principals in the rest of the state. As far as I know, DOE has not explained why.  With far larger numbers of struggling students who are economically disadvantaged and crammed into larger classes, it is quite likely that a higher proportion of NYC teachers will be found ineffective than elsewhere in the state– and thus unfairly penalized for teaching disadvantaged students in worse conditions.

Here is the link where you can find the AIR technical manuals on growth scores.