Tag Archives: Board of Regents

The Politicization of State Tests: Creating Tests in Which “All Students in New York State Are Above Average”

When the dust cleared the greatest ally to the anti-testing clique was (roll of drums!!!)  MaryEllen Elia, the New York State Commissioner of Education.

The deeply flawed state tests (“All children are above average”) reignited the argument – why do we have state test at all (aside from the federal requirements)?

Statewide ELA test scores jumped by around 7% – although the racial achievement gap remained the same.

A magic potion, incompetence or simply political legerdemain?

A little review: in September, 2015 Governor Cuomo reconvened a blue ribbon panel, actually a process to repair the Governor’s foolhardy attacks on teachers and parents. In 2014 it appeared that Cuomo had a clear path the Democratic nomination for his second term and deep pockets for the November general election. Seemingly out of nowhere Zephyr Teachout, a law professor at Fordham challenged Cuomo for the Working Families Party spot on the ballot and challenged Cuomo in the Democratic primary. While the teacher union made no endorsement some members and locals were on the Teachout side. After defeating Teachout and Rob Astorino, his Republican challenger Cuomo decided to punish teachers. He cozied up to the charter school folks, used the budgeting process to tack on legislation to extend teacher probation, and, was nastier than usual.  NYSUT, the statewide teacher union responded with a series of aggressive TV ads and the opt-out movement was created, 20% of kids opted-out of the 2015 state tests.

Cuomo’s popularity rating tumbled.

I suspect clearer heads prevailed.

The purpose of the Task Force was to guide education policy from afar and place the Board of Regents and the commissioner in the foreground. The recommendations were more than recommendations; they were a pathway for state education policy. (Cuomo: This is the endgame – you figure us out how to get us there)

The Task Force Report (Read here), which was released in December, contained twenty-one recommendations, the last recommendation was a moratorium on the use of state tests to evaluate principals and teachers for four years, applauded by the teacher union.  The recommendations called for a thorough review of the Common Core Standards and teachers would be included in every step of the process.

Recommendation 15: Undertake a formal review to determine whether to transition to untimed tests for existing and new Standardized tests aligned to the standards; not controversial, garnered little,  if any discussion; perhaps a pilot in a few schools and school districts across the state.

Surprisingly, very surprisingly, without any discussion with the Board of Regents, the Commissioner announced that the 2016 state tests would be untimed.

The January announcement, entitled “Changes for the 2016 Grades 3-8 ELA and Mathematics Tests” begins,

This memo outlines changes made as a result of feedback from the field:

* Greater involvement of educators in the test development process

* Decrease in the number of test questions, and

* A shift to untimed testing

The announcement came from Angela Infante, Deputy Commissioner, Office of Instructional Support and Peter Swerdewski, Assistant Commissioner, Office of State Assessment.

The state document states, “…students will be provided with as much time as they need.” No pilot, no transition, jumping off the diving board into the pool, and, the state made no attempt to identify students who took additional time.

The scores soared, the state commissioner, in the Daily News admits the scores are “not exactly a perfect comparison,”

After widespread opposition to the difficulty of the tests erupted in 2015, state education department officials shortened the exams for 2016 and eliminated time limits.

“Because of the changes in testing, it’s not exactly a perfect comparison,” Elia said. “And even with the increases this year, there remains much work to be done.”

The state spent many millions of dollars purchasing tests, teachers and students months of test prep, to collect data from what turns out to be a non-standardized test. A test that might not even meet federal requirements, although I’m sure the feds will simply ignore the faux jump in scores.

Was the test itself “harder” or “easier;” many months down the road a Technical Advisory Committee (TAC) will release a report, hundreds of pages of dense analysis that few will read and fewer will understand.

The basic questions: are the results of the test useful?  Can they be compared with the previous year? Can schools and school districts be compared? And, at the top of the list: are the schools in New York State making academic progress?

Howard Wainer, a Distinguished Research Scientist, the author of innumerable books and articles, an internationally recognized expert writes,

Because of the changes this year’s scores can’t be compared to last year’s and because of the untimed nature of the test (and there being no record of how long anyone took) you can’t compare scores of students who took it this year with one another. It is, in no uncertain terms, an unstandardized test.

This test is akin to measuring children’s heights but allowing some students, we don’t know who, to stand on a stool, we don’t know how high, and then declaring some taller than others.

Fred Smith, another testing expert, writing in City Limits, had doubts about the validity of the test before the test administration.

Either the state education psychometrician is lacking in competence, or knew by adopting untimed tests scores would likely jump – either is unacceptable.

If the state continues down the same path, retaining the untimed tests, even if it keeps track of students who take extra time, and the amount of extra time, we will be once again be comparing apples to oranges. Kids who take extra time or choose not to take extra time may not be the same kids as this year – we simply can’t know.

Will states across the nation also jump on the untimed tests bandwagon?

In the politicized world of education the charter school folk and their acolytes beamed at higher scores, of course, we have no way of knowing why charter school scores were generally higher than public schools, and, the pro-charter print media crowed. Mayor de Blasio and Chancellor Farina also took a victory lap, and the Mayor immediately claimed the scores were proof that mayoral control be made permanent.

Board of Regents Chancellor Rosa reminded us it’s not time for a victory lap, unfortunately everyone else is milking the results – de Blasio and Farina, the charters and principals and teachers are breathing a sigh of relief.

A perverse kind of victimless crime: except for the kids who were tortured preparing for a non-standardized test.

Although the law has changed, No Child Left Behind has been replaced by the Every Student Succeeds Act; the requirement for annual testing in grades 3-8 remains. The Leadership Conference is an umbrella group representing the major civil rights organizations across the spectrum has strongly supported the accountability requirements, aka, testing and reporting scores by subgroup, and, the law is not changing.

Testing is here to stay.

The US Department of Education has announced they will be selecting six or so states or consortiums of states to play with alternate assessments.

The anti-testing crowd points to the new law and the testing kerfuffle in New York State, why not move to portfolios and performance tasks to current replace testing? This is not a new idea.

Vermont spent a decade working to create an assessment system based on portfolios, and after an external report pointed to fatal flaws, abandoned the effort.

…report by the RAND Corporation … found that the “rater reliability” in scoring the portfolios–the extent to which scorers agreed about the quality of a student’s work–was very low. The researchers urged the state to release the assessment results only at the state level.

Daniel M. Koretz, a senior social scientist at RAND and the report’s author, said the low levels of reliability indicate that the scores are essentially meaningless, since a different set of raters could come up with a completely different set of scores.

Can thousands of teachers be expected to rate portfolios the same?

The portfolio process was expensive, extremely time consuming  and there is no guarantee the portfolio work was not “assisted” by parents or others .

Yes, portfolios and performance tasks are effective classroom tools and in the perfect world might be a way of assessing student progress, in the real world, the world in which we live, it is not reasonable to expect inter-rater reliability.

The anti-testing movement will not disappear and the opt-out movement is alive.

What is absent is leadership – Arne Duncan drove us down a path for seven years that divided education: reformers versus deformers, marketeers versus public schools, unions versus the hedge funders: education is bitterly divided. Will the next president nominate an education leader who can bring together the disparate constituencies?

Education is adrift and the unstandardized testing regimen in New York State is a prime example.

Why Did New York State Test Scores Jump? Better Instruction? Untimed Tests? All the Kids Got Smarter, or, Shenanigans?

If you want to bury a news story you issue the press release on a Friday afternoon, if you want as much mileage as possible you issue the release on a Tuesday morning, followed by a press conference, in person and online, followed by laudatory speeches across the state and try to maximize the time the story garners headlines and clicks.

The State Education Department released the 2016 grades 3-8 ELA and Math scores on Friday afternoon with an odd presser. The test scores up, way up; why is the SED ashamed?

You can take a deep dive into the New York City Scores here: http://schools.nyc.gov/Accountability/data/TestResults/ELAandMathTestResults

The SED analysis of the state scores with many disaggregated charts here and here.

The Commissioner was careful not to publicly laud the increase in the scores,

But rather than celebrate the largest bump since New York adopted new tests tied to the Common Core Learning Standards, education officials reported the increases with caution. They suggested that changes in how the tests were given – not actual improvement by schools and students – may have accounted for the gains.

State Education Commissioner MaryEllen Elia also warned against making comparisons with previous years, which is typically done to evaluate schools and teachers.

“It’s not an apples to apples comparison and should be viewed in that context,” Elia said during a news conference when the results were released Friday.

For the data wonks who want to parse the results check out the files here and here.

The SED states, “…  changes in how the tests were given – not actual improvement by schools and students – may have accounted for the gains;” however, a deeper analysis is necessary.

If the increases are due to fewer questions and untimed tests, we should know, if both teachers and kids have been exposed to the more effective Common Core instruction and better professional development, we should know, or, if the SED, as some suspect, manipulated the process, we should know. All of the kids in New York State getting smarter just doesn’t seem creditable.

Under Commissioner Mills test scores increased year after year, when Chancellor Tisch and new Commissioner Steiner took over they asked a Harvard professor, Daniel Koretz to take a look – sure enough – the SED had been using many of the same questions year after year. Whether incompetence, or, more likely a method of increasing scores, we’ll never know. Scandals in Atlanta and accusations elsewhere have cast doubt on the entire testing regimen. Jumps in test scores are treated with skepticism.

For years Howard T. Everson chaired the Regents Technical Advisory Committee (TAC) and was sharply critical of test score inflation.

But given all the flaws of the test, said Prof. Howard T. Everson of the City University of New York’s Center for Advanced Study in Education, it is hard to tell what those rising scores really meant.

“Teachers began to know what was going to be on the tests,” said Professor Everson, who was a member of a state testing advisory panel and who warned the state in 2008 that it might have a problem with score inflation. “Then you have to wonder, and folks like me wonder, is that real learning or not?”

Each year after the release of the state tests scores the TAC issued a lengthy analysis of the quality of the test. Recently the TAC process has changed, as I understand the current process the TAC report goes to the test creator, Pearson, (now replaced by Questar) who vets the report, over the last few years the report was released a year after the test and was so heavily “massaged” it was meaningless.

The SED/Regents should, in the footsteps of Tisch and Steiner, immediately ask Everson or Koretz or a colleague with equally impeccable credentials to examine the current state test results.

If, in fact, the Commissioner doesn’t know why scores jumped we have to ask: why not?  If untimed tests resulted in higher test scores shouldn’t Regents Exams be untimed?  If the increased exposure to better Common Core instruction resulted in higher scores why are the Algebra 1 and Geometry scores not increasing?

Shrugging and simply saying we’re happy with increased scores but we’re clueless as to why is simply not acceptable. Data should influence policy at all levels, and, we have to be confident that the testing regimen is creditable.

The New York State Legislature Adjourns with a “Whimper,”as Educational Policy-Making Moves to the Board of Regents

This is the way the world ends
This is the way the world ends
This is the way the world ends
Not with a bang but a whimper

T. S. Eliot, The Hollow Men (1925)

The last stanza of Eliot’s poem is an apt description of the end of the 2016 legislative session. The final days, called “the Big Ugly,” is a scramble, an endgame, the Republicans and the Democrats vying for an advantage as the state moves toward the November election. All the seats in the legislature, the 150 in the Assembly and the 63 in the Senate will be on the ballot. While the Assembly is firmly in the Democratic column the Senate is far more complex, and byzantine. The Democrats hold a single seat edge in the Senate (32-31); however five Democrats (Jeff Klein, Diane Savino, Tony Avella, David Valesky, and David Carlucci), the Independent Democrat Conference (IDF), under the leadership of Klein (Bronx) caucuses with the Republicans, giving the Republicans control of the Senate.

Hanging in the balance were mayoral control, campaign finance reform, removal of pensions for convicted legislators, online fantasy sports betting and scores of other bills.

You may ask: why is all this conflict and wheeling and dealing necessary? Why can’t legislators have civil conversations and decide the issues?

James Madison, in Federalist # 51 wrote,

Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary

The Constitutional Convention (1787) was not covered in CSPAN; the Constitutional Convention was a secret meeting. The only notes we have are Madison’s personal notes, not made public until after the death of all the delegates, The fifty-three delegates argued, came and went, delivered lengthy speeches, met in private, and made deals.

Slavery was one of the most significant stumbling blocks, the anti-slavery Northerners versus the slave-holding South, The compromise: slavery is not mentioned in the constitution, the question of slavery was left to the states, and, as part of a compromise; slaves were counted as 3/5th of a ”free person,” and referred to in the clause as “all other Persons.”

Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons.

Deal-making, as reprehensible as it may seem, is at the essence of making government work.

Whether to extend mayoral control in New York City had nothing to do with education. Weakening the mayor might give the Republicans a chance in the 2017 mayoral election. In spite of pleas from Merryl Tisch and others in the upper echelons of power Senate leader John Flanagan offered “unacceptable” plan after plan until in the closing hours an agreement was reached, the NY Times describes the plan as a one year extension plus,,

It would effectively create a parallel system of charter schools within the city, allowing “high-performing charter schools in good standing” to switch to join the State University of New York umbrella or the Board of Regents of the State Education Department.

Probably a meaningless change, currently charters schools authorized by both New York City and Buffalo make reauthorization proposals after five years, the authorizer, SUNY or the Board of Regents can reject the recommendation. The proposal allows the charter school, if it’s  “high performing and in good standing” to move directly to SUNY or the Regents for reauthorization.

The session is most interesting for what it did not do – the houses steered clear of legislation directing the State Education Department to take any actions. A host of education bills simply died. Neither the governor nor the party leaders had any desire to once again get involved in the morass of teacher accountability or testing, any of the issues that birthed the opt outs and/or angered teachers and their unions.

The budget was generous and the political leaders appear to be leaving the educational decisions to the educational leaders.

In December the Cuomo-appointed Task Force released their report with 21-recommendations: a blueprint for the Commissioner and the Board of Regents. The core of the report was a 4-year moratorium on the use of student test scores as part of a metric to assess teacher performance.

In the six months since the release of the report the Commissioner has made tests untimed, a recommendation in the report, established a number of large field-based committees to review elements of the Common Core, and, the Regents created a number of alternative pathways to graduation.

Quietly, very quietly, the Commissioner announced a change in the observation section of the teacher evaluation regulation. The outside observer would be scrapped – what might be a good idea in theory was both overly complex and a financial burden on school districts. There was no high drama – no headlines, simply an announcement undoubtedly based on quiet discussions.

The decisions before the Board of Regents are complex, politically explosive and without explicit answers.

Can you create a teacher evaluation plan that is acceptable to principals and teachers and not trashed by external critics?

Can better tests win back opt out parents?  And, what do you mean by “better tests?”

Will alternatives to testing, perhaps, portfolios or other performance assessments, be acceptable to the feds, and acceptable to the principals and teachers?  Are performance assessments practicable in actual classroom settings?

Will additional alternative pathways to high school graduation make students more or less prepared for college?

The Regents appear to have a window – three or four years – to make decisions based on their expertise as well as respond to external pressures and scrutiny, and, hovering aloft: “disruptive” solutions such as unlimited charter schools or vouchers.

Windows open, and windows close.

Getting It Right: Building a Research-Based Teacher Assessment System

A couple of years ago I was participating in a Danielson Training Workshop, two Saturdays in a room filled with principals and network support folk. We watched a video of part of a lesson – we were told we were watching a first year teacher in November in a high school classroom.

Under the former Satisfactory/Unsatisfactory rating system the lesson was clearly satisfactory. The Danielson Frameworks (Read the 115-page NYSED document here) requires that teachers are rated on a four-point scale (Distinguished, Proficient, Basic and Unsatisfactory) while New York State also requires a four point scale (Highly Effective, Effective, Developing and Ineffective). The Frameworks divides the teaching process into four domains, 22 components and 76 elements.

The instructor asked us to rate the lesson: at my table we were all over the place. For a teacher in the third month of her first year of teaching the lesson was excellent – clearly “proficient.”  Others argued the time in teaching was irrelevant, you had to rate her against all other teachers regardless of experience – at best, she was “developing.” Inter-rater reliability was absent.

Decades ago the union sent me to an Educational Testing Service conference on teacher assessment; about thirty experienced superintendents from all over the Northeast, and me, one union guy. We began by watching three 15-minutes videos of lessons: one an “old-fashioned” classroom, the kids sitting in rows, the kids answered teacher questions, the kids stood when they answered; the questions were at a high level although a small number of kids dominated the discussion. In the other video kids were sitting at tables, the teacher asked a question, gave the kids a few minutes to “huddle,” and one of the kids answered for the group and the teacher followed up with a few clarifying questions, in the third classroom the kids were at stations around the room, it was noisy, the noise was the kids discussing the assignment, the teacher flitted around the room, answering, clarifying and asking questions.

We were asked to rate the lesson on a provided checklist.

The result: the superintendent ratings were all over the place.

I was serving as the teacher union rep on a Schools Under Registration Review (SURR) team – we were visiting a low performing school. We were told to wait, the principal was busy, four of the 50 teachers were absent and there were three vacancies, the principal was assigning classroom coverages.

At the initial get acquainted session a team member, considering the staffing issues asked, “What are the primary qualities you look for in assessing teacher quality?” The principal blurted, “They come every day and blood doesn’t run out from under the door.”

A colleague was touring a school with very high test scores.  As he walked the building with the principal, he saw uniformly “mediocre” instruction – teacher-dominated, no student engagement. He mentioned the low quality of instruction to the principal, who shrugged, “Why mess with success?”

Once again, there is no inter-rater reliability.

In a number of school districts across the state almost all teachers received maximum observation ratings.

The State Ed folk simply accept the observation ratings of principals and school districts.

Charlotte Danielson, in her other book, Talk About Teaching  (September, 2015), discusses the complex role of the principal as rater as well as staff developer: how can a principal, who is the summative evaluater honestly engage with teachers who they rate?

In an excellent article from the Center for Educator Compensation Reform, Measuring and Promoting Inter-Rater Agreement of Teacher and Principal Performance Ratings (February, 2012), the authors parse the reliability of teacher observation ratings. There are a number of statistical tools to assess reliability – the state uses none of them.

In New York State 60% of a teacher rating is made up of the teacher observation score, and, we have no idea of the accuracy of the rating.

In the pre-Race to the Top days, the Satisfactory/Unsatisfactory rating days, the entire rating was dependent on the observation – in the last year of Bloomberg term 2.7% of teachers in New York City received Unsatisfactory ratings, under the current far more complex system that incorporates student tests scores and other measures of student growth only 1% of teachers were rated ineffective (Read a description of the plan:  APPR 3012-c).

Under the newest  system the other 40% is a combination of Measures of Student Learning and Student Learning Objectives, the use of state test scores is suspended until the 2019-20 school year.

Read a detailed description of the current APPR 3012-d teacher evaluation law here and a lengthy Power Point here.

In May, 2015 the Regents convened a Learning Summit and asked a number of experts to discuss the use of student growth scores (VAM): Watch the lengthy, sometime contentious discussion  here.

With one exception the experts criticized the use of student growth scores (VAM), the VAM scores did not meet the tests of “validity,” “reliability” and “stability.”

There have been glaring errors in the system. In the Sheri Lederman law suit  a teacher had very high observation scores and due to the composition of her class, very low student growth scores. The judge ruled the use of the growth scores, in the individual case, was “arbitrary and capricious.”

The APPR plan negotiated in New York City, on the other hand, allows for appeals by a neutral third party, and, the “neutral” has overturned appeals in which there was a wide disparity between the observation and VAM scores.

The current plan, created by the governor and approved by the legislature has been rejected by teachers and parents. Teachers are convinced that their score is dependent on the ability of the students they teach, not their competence. Parents feel schools are forced to “teach to the test” due to the consequences facing principals and teachers.

Angry parents, angry teachers and principals and a governor and a legislature looking for a way out of the box they created.

And, a cynicism from elements among the public – if two-thirds of kids are “failing” state tests how is it possible that only one percent of principals and teachers are rated “ineffective?”

The Board of Regents has been tasked with finding the “right” plan.

There has been surprisingly little research and public discussion of teacher attrition – in high poverty schools staggering percentages of teachers, 30%, 40%, 50% or more leave within their first few years.

The December, 2015, Cuomo Commission Task Force, in a scathing report, tasked the Regents with “correcting” what has been a disastrous path. Partially the governor creating an incredibly complex teacher evaluation matrix and partially the Commissioner King rushing to adopt the common core, common core testing and teacher evaluation simultaneously.

Can the Regents separate political decisions from research-based and guided decisions? Can the Regents move from the John King path, an emotion-guided political path to actually following “what the research says”?

On Tuesday the new Research Work Group, chaired by Regent Johnson will convene for the first time.

The roadmap for the State Ed Department and the Board of Regents are the twenty-one recommendations of the Cuomo Common Core Task Force. A number of the recommendations: untimed testing, an in-depth review from the field of the standards, greater transparency of the test items, alternatives to the use of examinations for students with disabilities, and, the beginning of an review of teacher evaluation are already in progress.

The Commissioner and the Regents have to regain a lost credibility: from policy emanating from the Gates Foundation and the so-called reformers to policies guided by scholarship and supported by parents and educators.

A Conundrum: How Do You Create a Teacher Evaluation Process That Satisfies Teachers, Principals, Parents, the Legislature and the Governor? (Hint: With Difficulty)

No one’s life, liberty or property is safe while the New York State Legislature is in session.” Anonymous, 19th century.

Diane Ravitch convened her third annual Network for Public Education conference in Raleigh with hundreds of teachers, parents and public school advocates.  The attendees do not represent organizations; they dug into their own pockets to meet with like-minded public education devotees from across the nation. I met a band director from Fort Worth, a second-career math teacher from Jacksonville, a literacy coach from North Carolina; we chatted and shared experiences, we all face incredible challenges and legislatures and privateers intent on eroding the public in public education.

We stood and cheered as Reverend Barber, the leader of the North Carolina NAACP, called a modern day Martin Luther King, preached and taught us – both a history lesson and a sermon.  Bob Herbert challenged us to vote, and emphasized that while coming to the polls in 2008 and 2012 elected Barack Obama, staying away from the polls allowed the Tea Party to seize control of the House, the Senate and state legislatures in 2010 and 2014. A subtle message to the Bernie voters – staying away from the polls in November could lead to a Trump presidency.

Fifty workshops allowed us to meet together in smaller groups. One theme was teacher evaluation: in school districts across the nation student test scores play a significant role in the evaluation of teachers; a Report  by the Network for Public Education is summarized,

72% of respondents also reported that the use of standardized test scores in teacher evaluation had a negative impact on sharing instructional strategies.

Over 41% of black and 30% of Latino/a educators reported racial bias in evaluations.

About 84% of respondents report a significant increase in the amount of teacher time spent on evaluations.

84% of respondents said that the new evaluation system in their state had negatively changed the conversations about instruction between their supervisors and themselves.

75% of respondents stated that these new evaluation systems incorrectly label many good teachers as being ineffective.

Nearly 85% of respondents stated that these evaluation systems do not lead to high-quality professional growth for teachers.

Nearly 82% of teachers reported that test scores are a significant component of their evaluation.

Opposition to the use of student test data to rate/measure/assess teachers has united teachers from across the nation.

At the conference one of the sessions pitted Jennifer Berkshire, aka EduShyster against Peter Cunningham, the Executive Director of Education Post. Jennifer and Peter are on opposite ends of the teacher evaluation spectrum – forty-five minutes of thrust, parry and riposte – spellbinding!!

Critics pointed to research that avers teachers only account for 14% of a student’s test score, family and income account for the largest percentage, therefore, rating teachers by test scores is invalid, Cunningham responded that teachers are the crucial factor in student achievement, we cannot change a family or income, we can change teachers and highly effective teachers have significant impacts on children, as other research shows. Meeting with teachers from across the nation was invigorating; listening to the anti-teacher stories from state after state was discouraging.

A week earlier the New York State United Teachers (NYSUT) annual convention took place in Rochester, Teachers from hundreds of school districts across the state met to debate and set policy for NYSUT. The state is incredibly diverse, New York City and the Big Four (Buffalo, Rochester, Syracuse and Yonkers), the high tax, high wealth suburban districts, the hundreds of rural low tax, low wealth districts, facing sharply different problems. The delegates representing the teachers within the state university system, (SUNY) and the teachers in the city university system (CUNY); CUNY teachers have not had a raise in six years.

Speeches from Karen Magee, the leader of NYSUT as well as Randi Weingarten, the AFT president and a rousing in-person speech by candidate Hillary Clinton (Watch and listen to Clinton’s speech here). The most vigorous debate: teacher evaluation. Although the state is in the first year of a four year moratorium on the use of student test scores to assess teacher performance the debate was hot and heavy.

Watch videos of convention speeches: http://www.nysut.org/resources/special-resources-sites/representative-assembly

From the NYSUT website,

“Sending a strong message to Albany that more needs to be done to stop the harmful over-testing of students, some 2,000 delegates approved resolutions calling for a complete overhaul of the state’s grades 3–8 testing program; swift implementation of the Common Core Task Force’s recommendations; and new assessments that are created with true educator input to provide timely and accurate appraisals of student learning.”.

A few days after the NYSUT convention the UFT Delegate Assembly held its monthly meeting; a thousand or so delegates, elected in each school by staffs, meeting to listen to a report by UFT President Mulgrew and debate and set policy.  Mulgrew gives updates on the national scene: retired teachers were ringing doorbells in Pennsylvania supporting Hillary; the California Supreme Court reversed the lower court decision in the Vergara case, supporting tenure and reminded delegates that while the US Supreme Court deadlocked on the anti-union Fredericks decision attacks from the right will not end. Mulgrew criticized the use of test scores to rate teachers; however, he reminded teachers that under the Bloomberg administration principals had the sole voice in teacher assessment. In the last year of Bloomberg 2.7% of teachers received “unsatisfactory” ratings, under the current multiple measures system only 1% of teachers received “ineffective” ratings. Almost all schools in New York City use Measures of Student Learnings (MOSL), dense  algorithms that assess student growth attributed to each teacher – there are hundreds of algorithms  to account for the many different school situations. The system, that includes an appeal process, melds principal observations and MOSLs appears to work well.

At the first meeting of the Board of Regents under the leadership of new Chancellor Betty Rosa a lengthy discussion over teacher evaluation took place. Chancellor Rosa appointed Regent Johnson to chair a Work Group to link research to policy decisions.

The 700 school districts in New York State are currently negotiating teacher evaluation plans under the four year moratorium, the use of grade 3-8 test scores are prohibited.  A few members of the Board suggested asking the legislature to clarify exactly what they wanted the Regents to do in reference to teacher evaluation, others argued that the decision was given to the Regents members and it would be wrong to punt back to the legislature. Clearly, the newly constituted Board has a ways to go to reach consensus.

Even Charlotte Danielson, the doyen of teacher assessment has her doubts about the current policies across the nation,

The idea of tracking teacher accountability started with the best of intentions and a well-accepted understanding about the critical role teachers play in promoting student learning. The focus on teacher accountability has been rooted in the belief that every child deserves no less than good teaching to realize his or her potential.

But as clear, compelling, and noncontroversial as these fundamental ideas were, the assurance of great teaching for every student has proved exceedingly difficult to capture in either policy or practice…

There is also little consensus on how the profession should define “good teaching.” Many state systems require districts to evaluate teachers on the learning gains of their students. These policies have been implemented despite the objections from many in the measurement community regarding the limitations of available tests and the challenge of accurately attributing student learning to individual teachers.

I strongly urge you to read the entire Danielson essay: http://www.edweek.org/ew/articles/2016/04/20/charlotte-danielson-on-rethinking-teacher-evaluation.html

There are a few schools that have created teacher assessment processes that are valuable because they both assess teaching and encourage teachers to grow in their profession. There is insightful research; unfortunately we do not know how to “scale up.”  There is no inter-rater reliability, in some districts every teacher received a “highly effective” score, which also means so did the rater. Teachers in high wealth, high achieving districts receive higher scores than teachers in low wealth lower achieving districts. (Check out research studies  from the Chicago Consortium on School Research here  and here).

Getting teacher evaluation/assessment right is exceedingly complex in a highly emotional climate.

The Regents have a challenging task.

From “Good Old Boys” to “Sisterhood,” A New Leadership Begins in Albany

The monthly meeting of the Board of Regents typically have lengthy agendas, some items are pro-forma, other subject to extended discussion. Each month a division of State Ed recommends the extension of charters, depending on the data either a full five year term or fewer years if there are problems to be remedied.. The staffers only recommended a three year extension for a few charter schools in Buffalo. Bob Bennett, at that time a Regents member for over twenty years and the former chancellor objected. He failed to acknowledge that his daughter taught in a charter school. He claimed he “knew the school” and it deserved the full five year extension. The “good old boys” huddled, changed the recommendation to five years, cast aside a few objections, and passed the full extension.

Merryl Tisch had a close relationship with the Shelly Silver, the disgraced former Speaker and the “good old boys” Regents members supported the Tisch/King initiatives. There was nothing evil or corrupt; Board members who had served together for over twenty years were collegial, very collegial.

The world of the Regents has changed, and changed dramatically. Over the past year seven new Regents members have been appointed by the new Speaker of the Assembly – six women, five of them educators, an active public school parent and a nurse.

The Regents moved from the “good old boys” club to the “sisterhood.”

On Monday Betty Rosa will assume the leadership of the Board of Regents.

Chancellor Rosa is not a naïf.

She was the superintendent in District 8, which covers Hunts Point and Soundview, one of the poorest sections in the nation. District 8 is in the Bronx and politics in the Bronx parallels politics in Afghanistan – warring families rule Bronx politics and Betty navigated the politics; excellent training for her current job.

The Chancellor of the Board of Regents cannot eliminate annual grade 3-8 testing. No matter how adamant the opt outs, the law requires annual testing. The Commissioner has already started the process to review sections of the Common Core – it will take a  year or more. Can you tweak the high school graduation requirements to jack up the graduation rate at the same time community college graduations rates are appalling?

The Chancellor has to choose a path, has to stake out her ground. She has to narrowly focus, a laser-like focus on a few areas, perhaps English language learners. The current regulations, passed only a year ago after many years of hassling behind the scenes are bureaucratic and unworkable.

Can the new Chancellor and the full Board work to further refine and implement the recommendations of the Working Group for Improving Outcomes for Young Men and Boys of Color?

The attacks will come from all sides.

The opt outs want aggressive actions to prohibit high stakes testing.

Well-funded anti-union super-PACs will continue to attack unions and tenure.

The district to district funding inequities are the “elephant in the room,” can you equalize school funding with a Robin Hood impact? Taking from the richer and giving to the poorer districts?

Hovering in the wings is the Speaker of the Assembly who selected the new Board members and the Governor, How much rope do the Regents have?  Can the new Chancellor and the Board, older and newer members, take actions that will be praised by the New York Times, parents and the unions?

The days are getting longer, daffodils bloomed, the tulips are up, warmer days; in a few weeks I’ll plant my herb garden, all of good with the world (if I avoid cable news); now our leaders in Albany have to hack through the weeds and thorns and create a path to a better world for our kids.

Who Are the Opt Out Parents? Why Has The Movement Accelerated So Quickly? What is the Future and the Impact?

This week kids in grades three through eight in New York State will begin taking federally mandated tests that are used to assess school progress, or, lack thereof. The results can be used to transform, redesign or close schools and layoff teachers, or, reward schools and teachers with additional dollars.  Many parents will opt to have their kids skip the tests.

In the years ahead sociologists, political scientists and doctoral candidates will explore the phenomenon of opt out parents.

The parents of one in five students opted their children out of taking state tests last year; tests that were routinely administered for a dozen years.

Tests are deeply embedded in history; Chinese Imperial examinations  originated in the Han Dynasty and the system spread to other Asian nations.

…  the exams were based on knowledge of the classics and literary style, not technical expertise, successful candidates were generalists who shared a common language and culture, one shared even by those who failed. This common culture helped to unify the empire and the ideal of achievement by merit gave legitimacy to imperial rule.

While the Imperial exams ended in 1905 the respect for education and an exam system is alive and well. Stuyvesant High School, an elite high school in New York City that requires a rigorous entrance examination, is overwhelmingly Asian. The school is 72% Asian and less than 1% Black.

No one opt outs of the bar exam.

The passage of the New York Bar Exam is required to practice law in New York State – in 2015 79% of test takers passed, the lowest percent in a decade. The Bar Exam has been frequently criticized,

For too long the unregulated monopoly of the testing industry has masqueraded as the self-appointed guardian of professional standards.

Many argue that a student’s GPA is a far better indicator of knowledge than the score on a bar exam; however, the bar exam remains the essential credential required for the practice of law.

Prior to the 2002 No Child Left Behind law all students in grade 4 and 8 took English and Math exams, the city also gave exams as did school districts.

The state exams school scores were published in major newspapers and schools with declining scores faced close scrutiny. In the late eighties the Board of Education began to close low performing schools and create replacement small high schools. The staffs in the closed schools could apply for positions in the successor schools or choose to be excessed to a cluster of schools of their choice.

For a decade every student in grade 4 through 8 took the required English and Math tests, I never knew that there was the possibility of opting out. If the participation rate in the school and in sub-groups in the school were lower than 95% the school faced undefined sanctions.

Teachers have been arguing that the annual testing regimen is simply unnecessary.

Standardized tests are unnecessary because they rarely show what we don’t already know. Ask any teacher and she can tell you which students can read and write.

On the other hand the civil rights community avers that annual testing, especially of the poorest children, children of color and children with disabilities is essential. Wade Henderson, the President and CEO of the Leadership Conference on Civil and Human Rights testified at a congressional hearing on the reauthorization of ESEA,

Federal investments are unlikely to result in meaningful gains unless they are accompanied by unequivocal demands for higher achievement, higher graduation rates, and substantial closing of achievement gaps … … This is why it is so important that ESEA continue to include strong requirements for assessments and accountability … Accountability is a core civil rights principle …

…high quality, statewide annual assessments are needed. It is imperative that parents, teachers, school leaders, public officials and the public have objective, unbiased information on how their students are performing. ESEA must continue to require annual, statewide, assessments for all students (in grades 3-8 and at least once in high school) that are aligned with, and measure each student’s progress toward meeting the state’s college and career readiness standards.

The civil rights community strongly supports the continuation of annual tests and the newly passed ESSA law continues annual testing.

With the administration of the 2015 round of testing the opt out movement exploded across New York State as well as in other states: what changed?

Who are the opt outs?

The parents choosing to opt out are in suburban, white, higher achieving schools as well a small number of white, higher income, higher achieving schools in New York City.

What triggered the opt out wave?

The NYS Commissioner of Education John King imposed Common Core state exams, the seventy plus percent proficiency scores on the previous tests nosedived to thirty plus percent proficiency rates.  2/3 of students “passing” suddenly became 2/3 of children “failing.” As parent outrage bubbled over King decided to go on a listening tour – first stop: Poughkeepsie. The raucous meeting  was a disaster (Watch highlights here) and the commissioner canceled his listening tour and blamed outside agitators.

Why the passion and the anger?

An Afro-American commissioner who was in his thirties, who sent his children to a private school was telling parents that their kids were failures; was telling parents that superintendents, principals and teachers, who they liked and trusted were failing their children.  I believe parents felt disrespected, their parenting skills were being challenged.  The pent-up anger exploded.

Did the frustration over the perceived failures of government trigger the anger? Why should dysfunctional politicians in Washington or Albany tell us how to run our schools? Why should they be able to brand our children as failures? And, by the way, will these tests prevent our kids from getting into the college of their choice? Just as many in the electorate blame Wall Street and the banks for the economic ills of the nation was the vast testing industry manipulating policy to enrich themselves?

How does the Opt Out movement impact politics?

The opt out parents are not Republicans or Democrats – they are simply anti-testing, and, testing is beyond the ability of local or state electeds to impact. A frustrated state elected official asked me, “Is there a bill number? How do I satisfy these parents?” The governor, after aggressively interfering in education has backed away, the Democratic leader of the Assembly has passed the baton to new members of the Board of Regents.

So far, opting out has had no consequences, the feds have ignored the fact that schools in New York State are below the required 95% participation rate.

Will the opt out movement continue to build momentum, or fade away?  Will the feds accept competency-based testing (CBE) as “annual testing”? While the exams are required will the opt outs make the exams de facto voluntary?

The test results will be available in July, numbers of opt outs probably in June.