Archives for category: New York

The state of New York released some of the questions that were used on its tests for grades 3-8. Kate Taylor and Elizabeth Harris of the New York Times wrote about a question on the third grade test that more than half of the children got wrong. When the author of the passage was asked the same question, he got it wrong. After he heard the “right answer,” it made sense to him.

The East African fable goes like this: A man frees a snake that is trapped between two rocks, and as a reward the snake gives him a charm that will allow him to hear what animals say, but only if the man keeps it a secret. The man betrays his new power by giggling at the things he hears, arousing his wife’s curiosity. He eventually tells her about the charm, and it stops working.

This story, which was included on this year’s New York State third-grade reading test, is easy to read. But a couple of the questions that went along with it on the test were trickier, stumping many third graders and, perhaps, even a few much older readers.

Some of the questions were relatively easy, others were “hard.” But “hard” seems to mean that they were confusing, poorly written, and made no sense, neither to children nor to many adults.

Peter Afflerbach, a professor of education at the University of Maryland and an expert in reading assessments and comprehension, said he considered the questions to be a mix. While some of the simpler questions seemed acceptable, he said, the more complex ones could sometimes be confusing.

“A really important guideline for item-writing is you never want the prompt to be more complex than the text the child actually read,” Dr. Afflerbach said.

Dr. Afflerbach was troubled by the third question: “How does Niel add to the problem in this story?” The correct answer is B, that “he laughs at what the animals say.” But the entire premise of the question might not make sense to a child, he said.

“As a third grader, I’d be thinking, ‘How is a magical charm a problem?’ ” Dr. Afflerbach said.

The reporter tracked down the writer of the passage. “He was initially stumped by the same question Dr. Afflerbach took issue with, but when told the answer, he said it made sense.” 

Probably the third graders had the same response. When confronted with the question, they were stumped. And they picked the wrong answer. If they had been told the right answer as the author was, then it would make sense. If the author of the passage can’t understand the question or the answer, on first hearing it, why should third grade children? This is a “gotcha” question, unfair on its face.

If

Prob

P

Some of the question

Some of the

Soon after MaryEllen Elia was selected unanimously by the New York Board of Regents to be the State Education Commissioner, she gave me a call to introduce herself. We had a very pleasant exchange, and I made one request of her: Would she be willing to meet with the board of New York State Allies for Public Education (NYSAPE)? I explained to her that NYSAPE was the primary organizer of the historic opt out from state testing last spring, leading to about 200,000 students refusing to take the mandated tests. That’s 20% of the children who were supposed to take the tests. I told her that I thought it was important for her to meet them and hear their concerns. She readily assented.

Commissioner Elia took office on July 6, and she met with the leaders of NYSAPE (a few were away on vacation) on August 4. I joined the meeting to hear the discussion. From the outset, it was clear that Commissioner Elia intended to listen and that she is warm and personable. She may have heard that parents had a serious problem with her predecessor John King, who lectured them and seemed never to listen. Commissioner Elia asserted that there would be no teacher-bashing from her office; she was a teacher, and she wants the public to respect teachers.

That was a good start. Then the parents and educators expressed their views candidly. They do not like high-stakes testing; they do not like teachers’ evaluations tied to test scores, because that distorts the educational process. They are not opposed to testing, so long as testing is used only within the school for diagnostic purposes. The parents of children with disabilities complained that the tests were too long (three hours a day for six days), and in some cases, meaningless to their children. There were complaints about the State Education Department’s failure to answer FOILS (freedom of information requests) in a timely manner (or at all!) and complaints that the SED had failed to appoint a chief privacy officer, as a state law required.

What was striking was that this group of leaders are very well-informed. They have testified at hearings in Albany and in their towns. They are active in their communities and interact with elected officials. They are determined and they are not going away. One promised that if there were no policy changes from the Regents or the Legislature, the number of opt outs would grow.

Commissioner Elia was very cordial, but she hinted that there might be some kind of sanctions for opting out. It is hard to see how the state could withhold funds from school districts without incurring the wrath of some powerful state legislators. She also said that although Pearson had been replaced by Questar, Pearson’s tests would be used again this coming year. The new tests would be used for the first time in 2016-17. I am not sure if the change of vendor breaks the trend line, nor do I know anything about the record of Questar.

Commissioner Elia calmly but clearly stated her support for evaluating teachers by the test scores of their students. She did it in Florida and says that the teachers supported the practice. She is also a fan of online testing and raised the question of “embedding” online testing into instruction.

Carol Burris, the recently retired principal of South Side High School in Rockville Center (and new executive director of the Network for Public Education Fund, of which I am chair), participated in the meeting. She read off the ratings of teachers at very low-performing schools in Buffalo; many of the teachers in those schools received high ratings. Then she read the ratings of teachers at the high-performing Scarsdale public school, and an extraordinary proportion were rated “ineffective.” Commissioner Elia agreed that these results made no sense. Carol Burris wrote about this same meeting here. She suggested that New Yorkers hoping for a change in direction should not hold their breath waiting.

Of course, Commissioner Elia has to deal with the political realities. New York has a governor, Andrew Cuomo, who loves high-stakes standardized tests and wants to find and fire teachers who don’t “produce” them. Elia can’t write her own laws. But the story isn’t over. The leadership of the Board of Regents might change next spring when new members are appointed. There is already a strong bloc of retired educators on the Board who don’t like the current regime of high-stakes testing and don’t think the tests are either valid or reliable. That bloc might become the majority, and the realities would change.

It was a friendly and cordial meeting, but the differences in opinion were large. If NYSAPE was hoping for a change of direction, it seems unlikely to happen soon. Commissioner Elia agreed to meet again, and NYSAPE will no doubt continue to try to change her views. If nothing changes, the number of opt outs could increase in a big way next spring.

This is a terrific profile of Jeanette Deutermann, the parent who has mobilized thousands of other parents on Long Island to opt their children out of state testing. Being a modest person, Jeanette would be the first person to tell you that she relied on a large team of other parents to launch what is now recognized as the largest social movement in the state in many years.

Jeanette works closely with other parents and with educators across New York State, as well as with Peggy Robertson of United Opt Out. She is one of the founding members of New York State Allies for Public Education (NYSAPE), which helped to spur opting out in upstate New York and elsewhere. NYSAPE represents some fifty parent and teacher organizations.

She is living proof that one person can make a huge difference. Unlike the reformers, she really is doing it “for the kids,” including her own.

The Tampa Bay Tribune reported that school officials in Hillsborough County were surprised to discover a big hole in the budget after Superintendent MaryEllen Elia was fired and became New York State Commissioner of Education.

“TAMPA — In the last four years of superintendent MaryEllen Elia’s administration, the Hillsborough County School District went on a spending jag, tearing through more than half of its $361 million reserve fund, officials revealed this week.

“Left unchecked, the pattern would have resulted in another operating deficit this year — a $75 million hit that would bring the fund down near its legal minimum threshhold.

“The situation has surprised Elia’s successor, unsettled School Board members and put bonding agencies on alert, which could lead to the district facing higher interest rates when it has to borrow money.

“Jeff Eakins, who took over as superintendent after serving as Elia’s deputy, says he was caught off guard when he realized the district used $68.5 million in non-recurring funds to meet this year’s payroll.

“We’re not in any kind of financial crisis,” Eakins told the Tampa Bay Times editorial board Tuesday. But, he said, “we need to put some measures in place right now.”

A new pay structure started with funding from the Gates Foundation may cost as much as $50 million.

“It is clear, Eakins said, that the district, which serves more than 200,000 children, is spending money to extend programs that were launched with temporary funding from foundations.

“The Gates grant is one example, as it is in its final year of funding. Expenses anticipated for 2015-16 include $11.3 million for teacher peer evaluators and $6.1 million to pay mentors. Eakins said he will take a close look at these expenditures to see if they are worth sustaining, or if they should be reduced.”

Judge Kimba Wood ruled that one of the four tests that are required to become a teacher in New York is not discriminatory, although whites passed at a much higher rate than black or Hispanic test-takers.

A federal judge on Friday ruled that a new licensing exam for teachers given by New York State did not discriminate against minorities, saying that even though they tended to score poorly, the test evaluated skills necessary to do the job.

The ruling is a departure from earlier decisions by the same judge, Kimba M. Wood of Federal District Court in Manhattan, in which she threw out past certification exams. It also symbolizes a significant moment in a long-running tug of war between two policy goals in education: making tests for new teachers more rigorous, and increasing the diversity of the nation’s teaching force.

The exam, the Academic Literacy Skills Test, often called the ALST, was first given in the 2013-14 school year, and is meant to assess a potential teacher’s reading and evidence-based writing skills, and ability to master the Common Core standards for English.

In New York, the exam is one of four tests new teachers must take to become certified.

Ken Wagner, a former New York State deputy commissioner of education who is now Rhode Island’s education commissioner, said in a court brief last month that the new tests were developed “with the need to address the achievement gap in mind and in recognition of the state’s responsibility to ensure that each newly certified teacher entered the classroom with certain minimum knowledge, skills and abilities.”

But some schools of education in New York complained that the literacy skills test was not a true measure of what makes a good teacher, and that many of their black and Hispanic students were failing it. An analysis last year found that 46 percent of Hispanic candidates and 41 percent of black candidates passed the test on the first try, while 64 percent of white candidates did so. Students may retake the exams.

If you are interested in the subject of teacher evaluation, here is a treat for you. This file contains the affidavits of the experts in the Lederman v. King case, which will be heard in New York Supreme Court in Albany on August 12 at 10 a.m. (If you have trouble with that link, try this one.)

It also contains statements from Sheri Lederman’s superintendent in Great Neck, New York, her principal, her former students, and parents, all testifying to her effectiveness as a teacher. It also includes an affidavit by an economist at AIR attempting to explain New York’s method of calculating teacher effectiveness, defending Sheri Lederman’s rating as ineffective.

Just reading all these affidavits should be enough to earn course credits at any college or university.

If Sheri Lederman should win, her victory will have statewide impact and even national impact.

If she should lose, it is the triumph of an incoherent and punitive status quo.

Lisa Eggert Litvin, a lawyer in the northern suburbs outside New York City, asserts persuasively that the New York State Education Department issued regulations for teacher and principal evaluations in an illegal manner, by declaring an “emergency” and failing to meet the requirements of state law.

I call this post “Note to Bruce Lederman,” because he is the lawyer who is challenging the legitimacy and validity of the state teacher evaluation program on behalf of his wife, teacher Sheri Lederman; if he doesn’t know already, he should be aware that the program was imposed without meeting the requirements of state law.

Litvin is co-president of the Hastings on Hudson PTSA and co-chair of the New York Suburban Consortium for Public Education. She follows the actions of the State Education Department and is an expert on school finance.

She writes:

The state Education Department, with the approval of the Board of Regents, creates rules that school districts legally have to follow. But in doing so, the department has failed to follow the laws that tell it how to make these rules.

Over the past two years, the majority of the Education Department’s rules have been temporary “emergency” rules, which then become permanent — but the vast bulk of these rules haven’t been real emergencies at all. Typically, SED’s reason for the “emergency” is simply that it has run out of time to get something done, and following the legal requirements would take too long. So, SED fast tracks the rules’ adoption process by improperly labeling them as “emergency.” But the law is specific that an “emergency” is rare, and exists only when “necessary for the preservation of the public health, safety or general welfare,” not simply because something is time-sensitive.

Why is this important? Because the legal process for SED to make rules, set forth in the State Administrative Procedure Act, ensures that the public has a right to offer input before rules are finalized, typically in a 45-day window. Also, SED must respond to each of the public’s comments. This is central to our democracy, as this is the only voice the public has in situations where non-elected officials, like the Board of Regents and the Education Department, which the board oversees, make binding rules.

This past June, in response to an impending deadline set by the state Legislature, SED proposed and the Board of Regents adopted new teacher evaluation rules, on an “emergency” basis. There was tremendous outcry over these rules, as they arbitrarily place even more weight on standardized test scores than the prior plan, apparently with no supporting research. Over 25,000 New Yorkers — including many of the state’s most well respected educators — signed a petition urging that the new evaluation plan not be rushed. They called instead for the state to work hand-in-hand with experts on testing and psychometrics to create a thoughtful, well reasoned and research-based plan that would accurately assess teachers, and not harm children’s educations. (Prior plans have not been supported by experts, and have shown erratic and unreliable results.)

The Board of Regents, which is supposed to set state education policy, and SED could have sought an extension to the Legislature’s deadline or presented an alternative vision for creating a better evaluation system. Instead, SED claimed “emergency” — a designation reserved for the “preservation of the general welfare,” even though it was clear that there was no such threat — and pushed the rules through, without any opportunity for public give and take. For this reason, those emergency evaluation rules should be declared invalid.

In its follow-up efforts to make the emergency teacher evaluation rules permanent, SED still continues to disregard the law. The law requires that SED provide the public with critical information about how the rules were created, specifically identifying for the public “each scientific or statistical study, report or analysis that served as the basis for the rule … and the name of the person that produced each study, report or analysis.”

In short, the “emergency” rules were adopted when there was no emergency; public hearings were avoided; and the state continues to break the law by making its “emergency” mandates permanent without public input.

Litvin calls on the Board of Regents and the State Education Department to stop declaring phony “emergencies” and to provide the factual information required by law. It is time, she says, for the new commissioner of education to demonstrate her willingness to consult with experts and practitioners in a collaborative and transparent manner. She should immediately suspend the new evaluation rules and turn to recognized experts to produce a research-based plan. The “emergency” rule-making evades the law and offends democracy by cutting the public out of its role in reviewing policy. Litvin calls for the restoration of a transparent, democratic, open process.

If you are anywhere near Albany, New York, you should try to attend the oral arguments in the Lederman v. King case on August 12 at 10 a.m. in the court of Judge McDonough, Albany County Supreme Court, 16 Eagle Street, Albany, New York.

This is a major challenge to New York’s teacher evaluation system, which could have national implications.

Sheri Lederman is an extremely successful and respected fourth grade teacher in Great Neck, New York, who was rated “ineffective” even though more than twice as many of her students passed the state tests as in the rest of the state. Her lawyer is her husband Bruce Lederman.

Here is a description of the case.

Several national experts on teacher evaluation have submitted affidavits supporting Sheri Lederman, including Linda Darling-Hammond, Aaron Pallas, Sean Corcoran, and Audrey Amrein-Beardsley, asserting that New York State’s teacher evaluation system is incoherent.

This post was written by Fred Smith, who worked for many years as a testing expert in the New York City Board of Education. In recent years, he has advised anti-testing groups like Change the Stakes.

 

I’ve passed the point of exasperation. But, after 40 years in New York’s testing trenches, giving up now is a luxury I can’t afford. Call it over-investment.

 

And here today is this email I get from a friend sending me the following link from Education Dive (a new one to me), which does a very short summary of a July report from the National Center for Educational Statistics. It compares common core standards and core-aligned test results across the states. Headline: New York Tops List of States with Most Difficult Tests.

 

http://www.educationdive.com/news/new-york-tops-list-of-states-with-most-difficult-tests/402129/

 

The study examines proficiency cutoff scores and equates statewide performance on reading and math exams with corresponding results on the National Assessment of Educational Progress. It shows the relative standing of each state in terms of the NAEP scale.

 

 

Given the high regard in which NCES and NAEP are held, their methodology and findings must be respected. Here is the link to the report

 

Mapping State Proficiency Standards Onto NAEP Scales: Results From the 2013 NAEP Reading and Mathematics

 

I have two immediate reactions to this. First, making a test difficult in a statistical sense–does not make it valid, nor does it make it rigorous, a measure of critical thinking or more challenging—as proclaimed by proponents of core-aligned exams. More than 200,000 children, whose parents opted them out of the exams this year, loudly reject this proclamation.

 

Confusing, badly constructed items, inadequate time limits, developmentally inappropriate content–make a test “more difficult.” So does taking exams in an unlighted classroom, or when you’re hungry, homeless, sleep-deprived, just learning English or have special needs.

 

The study itself issued this caution about interpreting the results. The analyses in this report do not address questions about the content, format, exclusion criteria, or conduct of state assessments in comparison with NAEP.

 

Second, the fact that 2013 is the centerpiece of this report is important. According to the New York State Education Department (SED), 2013 was supposed to be the foundational year—the baseline, if you will, that would usher in the common core and assessments against which progress toward meeting the standards would be measured. NCES’s report merely shows that New York produced the most difficult tests. And…??

 

Finally, we come back to exasperation. Two recent events let us know that despite our protests and the importance of gaining necessary reform, we the public, remain where the politicians want us, on the outside looking in. The New York State legislature in the shoddiest, last-minute way possible just passed the weakest test-related bill imaginable. It does nothing to require truth in testing, which had been the focus of proposed legislation that was evidently abandoned. (A real T-in-T measure could have passed in this session. It was an extraneous item insignificantly glommed onto a much larger omnibus bill that satisfied the diverse interests of the legislators and was crafted to pass.)
And SED managed to award the next 5-year testing contract to an outfit called Questar Assessments. It has worked closely on testing projects with Pearson, Inc. in the past. And, before the contract was awarded, Pearson was quietly granted a one-year extension of its expiring 5-year contract. It will work to assure a smooth hand-off to Questar, especially in the matter of field testing, which may project Pearson’s involvement beyond 2016. We all know how sound Pearson’s test development expertise proved to be. Why not reward it for more of the same.

 

Will Pearsona non grata silently become the subcontractor, running the testing program from the shadows. Again, SED has gone about its decision-making with no transparency—leaving us to find out the details too late.

The New York Times has a fascinating article today about how a handful of very wealthy people invested in Andrew Cuomo and the Republican majority in the State Senate to gain control of public schools in Néw York City and state. The article says they want to continue former Mayor Bloomberg’s policies of closing public schools and replacing them with charter schools and tying teacher evaluations to test scores.

The leader of this effort, the story says, is former chancellor Joel Klein, who now works for rightwing media mogul Rupert Murdoch.

Unmentioned is the undemocratic nature of this purchase of public policy. There was a mayoral election. Bill de Blasio won handily, after making clear his opposition to Bloomberg’s education policies. So, the reformers lost at the polls but used their money to nullify the voters’ choice.