Ready to Refuse

As Tennessee schools prepare for Phase II of TNReady, the Department of Education has sent districts a memo outlining how they should handle students who refuse or attempt to “opt-out” of the test.

The general gist, according to reporting by Grace Tatter, is that you can’t opt-out or refuse. She reports:

District leaders received a memo last week instructing schools to “address student absences on testing days in the same manner as they would address a student’s failure to participate in any other mandatory activity at school (e.g. final exams) by applying the district’s or school’s attendance policies.”

The memo specifically notes:

 “State and federal law also requires student participation in state assessments. In fact, these statutes specifically reference the expectation that all students enrolled in public schools in Tennessee will complete annual assessments.”

That’s not entirely true.

Federal law, even with the newly passed Every Student Succeeds Act (ESSA), requires states to administer annual assessments in grades 3-8 and at least once in high school.

But there’s a difference in requiring a state to administer and requiring a student to complete an assessment. Federal law requires administration of the test, but does not compel students to complete the exams.

Then, there is state law. The memo lacks specific references to Tennessee statute, but there are a few sections that relate to testing.

TCA 49-1-6 includes references to performance assessment and the Tennessee Value-Added Assessment System (TVAAS). This portion of state law says that annual assessments will be administered in grades 3-8 and then outlines the secondary school testing schedule. Here again, the law notes tests will be administered, but contains no compulsory language for students.

Then there’s TCA 49-6-60 dealing with proficiency testing. This section specifically details testing to be administered in grades 8, 10, and 11 as a strategy to promote college readiness. As these three tests are required for graduation, they are essentially mandated. Students who don’t take them won’t complete the graduation requirements.

What’s missing? Language that compels a student to take the test or requires a district to compel students to take the test. The memo says that “state and federal” statutes specifically reference the expectation that students will complete the assessment. True, TVAAS and other accountability measures are made valid by significant student participation in state tests. But, that alone doesn’t make them compulsory. Unless it’s one of the three proficiency tests specifically referenced in the graduation requirements section, there’s no language directly compelling students to participate in annual assessments.

It’s worth noting that while the Department of Education has said there would be penalties if districts refused to administer the TNReady tests, the memo says districts are not authorized to allow “opting-out” or test refusal. What it doesn’t say is what impact allowing opt-out would have on the district. If a district offers the test, and students refuse, then what?

Stay tuned as Phase II starts later this month.

For more on education politics and policy in Tennessee, follow @TNEdReport

 

 

Decoding Dyslexia Opposes MNPS Reading Recovery Initiative

Today, members of Decoding Dyslexia – Tennessee wrote to the Nashville School Board in opposition of the budget investment in Reading Recovery. Decoding Dyslexia has four major points in their letter.

  1. We feel that MNPS should not spend so much money funding a program that is not evidence-based and is known not to work for the very kids (those with dyslexia) who struggle most to read.
  2. We feel strongly that MNPS should spend its money training teachers in the Orton-Gillingham method, which will soon be required by law, which has been proven by years of research to teach the most troubled readers how to read
  3. We strongly feel that MNPS should heed the guidance of the TNDOE (who worked tirelessly with dyslexia advocates from TN STEP, Decoding Dyslexia – Tennessee, Tennessee Center for the Study and Treatment of Dyslexia and Tennessee chapter of the International Dyslexia Association to craft this guide) and spend its money on the Orton-Gillingham program contained in the guidance from the State. 
  4. We feel strongly that your district should follow the United State Congress’ lead and give students an evidence-based program to help all students read.

I hope you will read the full letter below. Decoding Dyslexia – Tennessee makes a push for using evidence-based reading interventions for all students. Let’s hope MNPS takes their advice.

 

April 5, 2016
Dear Metro Nashville School Board Members,
We, members of Decoding Dyslexia – Tennessee, would like to voice our opposition to the School Board’s proposal to invest a large amount of money into the “Reading Recovery” literacy program in MNPS.  Although we are pleased with your district’s focus on literacy, we strongly urge you to consider using a program that is evidence-based that will address the needs of ALL struggling readers. We urge you to fund a multi-sensory, evidence-based literacy program, such as Orton-Gillingham, which is proven to work for ALL students, not just those with dyslexia. Here is why:
1. Science knows that students with dyslexia make up 20% of our student population and 80% of the kids who ultimately end up in special education for learning disabilities.  Students with dyslexia are a huge percentage of our struggling readers. Scientists and dyslexia experts also know that students with dyslexia need an evidence-based program, like Orton-Gillingham, to learn to read. Leading dyslexia experts agree that Reading Recovery does not work for students with dyslexia and some, such as Lousia Motts, go as far to say its harmful and that it is “indefensible to keep spending money on this.” Sally Shaywitz, of the Yale Center for Dyslexia and Creativity writes “We have come too far and made too much progress to allow anything less than valid scientific evidence to be used in determining if, indeed, a program is effective in improving students’ reading.” We feel that MNPS should not spend so much money funding a program that is not evidence-based and is known not to work for the very kids (those with dyslexia) who struggle most to read.
2. Tennessee Legislature is about to pass the Say Dyslexia Bill which will require districts to screen students for dyslexia in kindergarten and will require districts to provide dyslexia-specific interventions, like Orton-Gillingham, to be put into general education in the RTI Tiers. Specifically, the Bill says “The LEA shall: provide student with appropriate dyslexia-specific intervention through the RTI framework.” We feel strongly that MNPS should spend its money training teachers in the Orton-Gillingham method, which will soon be required by law, which has been proven by years of research to teach the most troubled readers how to read.
3. The TN DOE has issued, in January 2016, the “Understanding Dyslexia: a Guide for Parents and Educators” which clearly states that: “It is not necessary for a student to be diagnosed with dyslexia in order to receive appropriate intervention. Once a school identifies that a student shows characteristics of dyslexia, it is important to provide the right interventions…These principles of instruction are often referred to by the following terms: Orton-Gillingham based, a Multisensory Structured Language, or Structured Literacy. Interventions must be aligned to individual students’ needs. For students with dyslexia or for students with the characteristics of dyslexia, the intervention should address the specific phonological deficits identified through targeted assessments.” We strongly feel that MNPS should heed the guidance of the TNDOE (who worked tirelessly with dyslexia advocates from TN STEP, Decoding Dyslexia – Tennessee, Tennessee Center for the Study and Treatment of Dyslexia and Tennessee chapter of the International Dyslexia Association to craft this guide) and spend its money on the Orton-Gillingham program contained in the guidance from the State. 
4. The United States Congress has recently passed the Research Excellence and Advancements for Dyslexia (READ) Act which instructs the National Science Foundation to create best-practices on evidence-based educational tools for children with dyslexia.  To pass the bill, the Congress held extensive testimony from dyslexia experts which, again, highlighted the need for evidence-based interventions for students with dyslexia.  We feel strongly that your district should follow the United State Congress’ lead and give students an evidence-based program to help all students read.
We urge you all to look deeply at this issue before dedicating such a large amount of money on something that is not proven to work for ALL students.  Dr. Michael Hart, an international dyslexia expert of 25 years, is willing to come present to your board on our behalf once he returns from an international dyslexia conference in India the week of April 18th.  Thank you for your attention on this most important issue. Thank you further for focusing your attention on literacy, which is hugely important for the success of ALL our students.
Sincerely,
Anna Thorsen
Eillen Miller
Julya Johnson
Lori Smith
Melissa Tackett
Suzanne Roberts
Rachel Doherty
P.S. If you would like more information about the details listed above, here are some resources:
  1. “Cautionary Note – Show me the Evidence” – by Sally Shaywitz, Yale Center for Dyslexia and Creativity. http://dyslexia.yale.edu/ABOUT_Shaywitz_MajorStepForward.html
2.  The text of the whole Tennessee #SayDyslexia Bill can be found here: https://decodingdyslexiatn.files.wordpress.com/2014/01/hb2616-sb-2635-dyslexia.pdf
3. Full text of “Understanding Dyslexia: a Guide for Parents and Educators” https://tn.gov/assets/entities/education/attachments/sped_understanding_dyslexia.pdf
4. Congressional testimony about evidence-based vs. research-based practices https://youtu.be/nbQ9wAtTxlU.
5. A short, general informational TEDed Video “What is Dyslexia.” https://www.youtube.com/watch?v=zafiGBrFkRM

 


 

 

A Little Less Ready

Grace Tatter reports on proposed reductions to the total testing time for TNReady:

After weeks of hard conversations prompted by the rocky debut of Tennessee’s new assessment, Education Commissioner Candice McQueen said Monday that the state will reduce the number of hours that students spend taking TNReady in its second year.

Beginning in 2016-17, the State Department of Education plans to scrap TNReady Part I in math and streamline the English portion of Part I, she said. Department officials will determine how many hours of testing the changes will save students in the coming weeks.

On average, third-graders this year will have spent 11.2 hours taking TNReady end-of-course tests; seventh-graders, 11.7 hours; and high school students, 12.3 hours.

The announcement comes amid concerns expressed by parents and district leaders and at least one district inquiring about the possibility of not administering TNReady Phase II this year.

Tullahoma’s Dan Lawson said:

“Outside of RTI-squared and TNReady, we don’t have time to do anything,” Lawson said. “We’re trying to have class on occasion.”

For more on education politics and policy in the volunteer state, follow @TNEdReport

Tyese Hunter: Let’s Accept The Facts

Nashville School Board Member Tyese Hunter is out with an editorial in the Tennessean where she discusses facts around Nashville’s charter schools.

Tyese Hunter breaks down some statistics on charter schools, including a recent report that showed that many Nashville charter schools are closing the achievement gap while MNPS schools are seeing the gap widen.

She compared this recent report to the data from the MNPS Academic Performance Framework, which showed that many charter schools were labeled as high performing.

Screen Shot 2016-04-05 at 8.20.02 AM

 

She also discusses a report that showed that charter schools are teaching more students of color, more economically disadvantaged students, and more students with disabilities than the typical public school. Screen Shot 2016-04-05 at 8.09.32 AM

But more than just laying out the facts, Tyese Hunter calls out her fellow school board members who ignore any data or study that doesn’t fit their belief system.

Screen Shot 2016-04-05 at 8.12.29 AM

Read more of here editorial here.

Much Ado About Nothing?

Representative Bill Dunn of Knoxville has proposed an amendment to the Tennessee Constitution that purports to remove the requirement that the General Assembly adequately fund public schools in the state.

However, an Attorney General’s opinion published on March 29 notes:

“… the proposed amendments to the public schools clause of the Tennessee Constitution do not substantively change that clause.”

The opinion was issued in response to a query from Rep. Dunn regarding the amendatory language and the state constitution’s equal protection clause. Here’s some relevant discussion from the opinion:

The amendatory language proposed in HJR 493, if adopted, would do nothing to change the fact that any legislation enacted in furtherance of the public schools clause must comply with the equal protection guarantees of the Tennessee Constitution.

But the opinion also says:

It is, therefore, redundant to add that the General Assembly “as the elected representatives of the people” shall provide for free public schools.  The General Assembly cannot provide for public schools in any capacity other than as representatives of the people.  Similarly, it is superfluous to add that the General Assembly shall provide for free public schools “in such manner as the General Assembly shall determine.”  It is already implicit in the current version of article XI, § 12, that the General Assembly determines the manner in which to provide for the required system of free public education.

If the new language is “redundant” and does not “substantively” change the Constitution, then it would not prevent local districts currently seeking relief due to alleged inadequate funding from finding that relief through the courts.

But, that’s not what Bill Dunn thinks.

In his advocacy for the amendment, he noted that courts in Kansas and Washington had used clauses similar to Tennessee’s Article XI, Section 12 to require those states to provide additional funding for their public schools.

When the Kansas Supreme Court ruled that schools there required additional funds to meet the state’s Constitutional mandate, the reply went like this:

“A political bullying tactic” and “an assault on Kansas families, taxpayers and elected appropriators” is how the president of the Senate, Susan Wagle, a Republican, responded to that ruling, which was based on requirements in the state Constitution. Mr. Brownback spoke darkly of an “activist Kansas Supreme Court.”

In his remarks, Dunn warned Tennessee lawmakers of future activist courts that may require the General Assembly to actually follow the Tennessee Constitution.

Of course, he also fudged the numbers and claimed that the Small Schools lawsuits and the resulting BEP did little to improve education outcomes in the state.

So, here’s the bottom line: Either the Attorney General is right, and the amendment proposed by HJR 493 does nothing OR, Rep. Bill Dunn is right, and the proposed amendment would prevent the Supreme Court from finding in favor of districts seeking to force the General Assembly to fund a system of free public schools.

Either way, the resolution should be rejected.

For more on education politics and policy in Tennessee, follow @TNEdReport