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.

new rules

Now that TNReady scores will count less for students, will they even try?

PHOTO: Nicholas Garcia

In the face of a statewide testing debacle, the Tennessee legislature’s hasty edict this week to discount test results has mollified some teachers and parents, but raised more questions about the role of test scores and further eroded the motivation of students, who must labor for about two more weeks on the much-maligned TNReady test.

Thursday’s sweeping measure to allow districts to ignore test results when grading students and to prohibit the use of test scores when determining teacher compensation has left educators and students shrugging their shoulders.

“I’ve gone from ‘oh well, tests are just a part of life’ to ‘this is an egregious waste of time and resources and does not respect the developmental needs of our children,’” said Shelby County parent Tracy O’Connor. For her four children, the testing chaos has “given them the idea that their school system is not particularly competent and the whole thing is a big joke.”

Her son, Alex O’Connor, was even more succinct. “We spend $30 million on tests that don’t work, but we can’t get new textbooks every year?” said the 10th-grader at Central High School. “What’s up with that? I’m sure half of us here could design a better test. It’s like buying a used car for the price of a Lamborghini.”

The legislature’s decision created a new challenge for Tennessee’s Department of Education, which planned to use 2018 TNReady testing data to rate and identify the lowest-performing schools, as required by the federal government. Now, with the test’s reliability under question, state officials say they are determining “additional guidance” to provide districts on how the state will comply with the U.S. Department of Education.

Student test results still will be used to generate a score for each teacher in the Tennessee Value-Added Assessment System, known as TVAAS. Scores will count for 20 percent of teachers’ evaluations, though districts now cannot use the scores for any decisions related to hiring, firing, or compensating teachers.

For students, local school boards will determine how much TNReady scores will count toward final grades — but only up to 15 percent. Several school districts have already expressed serious reservations about the testing data and likely won’t use them in students grades at all. And in previous years, the results didn’t come back in time for districts to incorporate them anyway.

In sum, asked Memphis sophomore Lou Davis, “Why are we doing this anymore when know it won’t count?”

About 650,000 students are supposed to take TNReady this year, with 300,000 of them testing online, according to the state. Each student takes multiple tests. As of Friday, more than  500,000 online tests sessions had been completed.

Even as testing continues, some education leaders worry the exam’s credibility is likely to sink even further, because students might not try, and parents and teachers may not encourage much effort.

“In the immediate term, there’s concern about how seriously people will take the test if they know it’s not going to count,” said Gini Pupo-Walker, head of the Tennessee Educational Equity Coalition and a member of the state’s testing task force. “Will students continue to take the test? Will kids show up? Will parents send their kids to school?” she asked. “Now, there’s the whole question of validity.”

Sara Gast, spokeswoman for the Department of Education, said while the new legislation provides more flexibility for districts in how they use TNReady results, it doesn’t mean that the results don’t matter.

“The results always matter. They provide key feedback on how students are growing and what they are learning, and they provide a big-picture check on how well they are mastering our state academic expectations,” Gast said. “It serves as accountability for the millions of taxpayer dollars that are invested into public education each year.”

Jessica Fogarty, a Tullahoma school board member and parent, says she thinks this year’s testing issues could lead to more parents telling their kids to refuse state tests in the future.

A proponent of opting out of state tests, Fogarty said, “We need to understand that we can choose what our children do or do not suffer through. I hope this debacle showed parents what a waste of time this is — students would gain more through reading a book.”

Because Tennessee has no official opt-out policy, students wanting to opt out must “refuse the test” when their teacher hands it to them.

Jessica Proseus, a parent of a student at Bartlett High School, said her daughter has opted out of state testing in the past, but started taking the exams this year because she believed it could affect her final grades.

“With college looming in a couple years, she couldn’t afford to get zeroes on her report cards,” Proseus said. But with the test debacle, her daughter might change her mind and just skip the remaining two weeks of testing.

“I even took the online practice TNReady a few years ago and it was terribly confusing to navigate,” Proseus said. “The testing in Tennessee is not transparent — it is almost like it is set up to trick and fail children — and that’s very cruel for a young child to deal with.”

Chalkbeat explains

Four reasons Tennessee likely won’t go back to paper testing

As another wave of problems with online testing plague Tennessee schools, one of the solutions proposed by state legislators — go back to paper exams — is a stretch for a state that has invested millions into electronic exams.

In short, reverting to pencil-and-paper tests would be akin to ordering iPhone users to go back to flip phones. It almost certainly won’t happen.

Two Memphis-area state lawmakers want to ban the online version of TNReady starting next school year until the state comptroller determines its problems are “fully and completely fixed.” And other lawmakers suggest districts should be able to choose between paper and electronic testing..

(Other amendments that would ensure this year’s test results wouldn’t count against teachers, students, or schools passed Thursday.)

The list of problems has grown since the first day of testing Monday, affecting about two dozen districts, including the four largest ones in Tennessee. The meltdown follows the monumental online failure in 2016 when a server crash prompted Education Commissioner Candice McQueen to cancel most of state testing that year.

Here are four reasons why it’s unlikely Tennessee won’t go back to paper testing despite current overwhelming frustrations:

Superintendents think they’ve gone too far to turn back now. Maryville Director of Schools Mike Winstead cautioned against rash decisions in the heat of the moment.

“When things like this happen, it’s easy to overreact,” he told Chalkbeat. “But we’ve come too far. We know that online testing is the future. If we turn back, it will take a long time to get back to where we were.”

And school systems and counties have poured millions into infrastructure and devices, said Dale Lynch, the executive director of the Tennessee Organization of School Superintendents.

“We don’t want to back up. We want to get it right, though,” he said.

Paper is more time consuming. With online testing, McQueen said Wednesday, “we can get test materials [and scores] back or to folks much quicker.”

Preparing paper tests requires hours of sorting and labeling exams. And if the materials arrive late, like they did for several districts this month because of severe weather at Questar’s printing center in the Northeast, the time crunch is especially stressful.

Granted, a top-notch online system that protects against cheating and hacking could be more expensive than a paper version, said Wayne Camara, the research chair at ACT who has long overseen test security.

“The issue of cost is relative.” he said. Multiple versions of computer tests are necessary to help safeguard against cheating, especially via social media.

“If you’ve having to produce 10 or 15 forms of a computer test, most likely it’s not cheaper.”

If Tennessee switches back to paper testing, it will be one of few states nationwide. A recent analysis by John Hopkins School of Education listed 11 states that were still using paper tests in 2016 for elementary students. For middle schools, it was nine states.

Nearly across the board, those states with no experience with online testing did worse in national online testing.


Read more about Tennessee’s most recent performance on “the nation’s report card.”


There’s security issues with paper too. The alleged cyber attack on Questar’s data center Tuesday spraked a statewide outcry, but switching back to paper won’t eliminate security issues.

“Both digital- and paper-based testing are certainly susceptible to cheating,” said Camara, the testing cybersecurity expert. “I don’t think anybody would say that there’s a significant reduction of security measures or cheating with computers, it’s just different.”

One of the largest state test cheating scandals happened in Atlanta with paper tests when principals and teachers changed student answers. That’s much harder to do online.

Jacinthia Jones and Marta W. Aldrich contributed to this story.