A Policy Failure

State Board of Education moves to address failed third grade retention policy

One year into Tennessee’s third-grade retention policy and the predictably disastrous results are becoming apparent.

It seems the State Board of Education is aware of the failures of the policy and members are making some attempts to improve it or at least lessen the negative impacts.

“Failing a fourth-grader is not the answer,” said former fourth-grade teacher and current state Board of Education representative Krissi McInturff during the February meeting. While McInturff — who represents Tennessee’s 1st Congressional District on the board — voiced support for the intention of the law, she also listed negative effects associated with retaining students, including academic struggles, stress, increased dropout rates among students who have been retained and emotional impact. 

Lawmakers are also considering tweaks to the law following the first year of implementation.

Other states that have implemented similar laws have run into problems. Michigan ultimately repealed the retention element of the law and instead focused attention on providing support for reading in grades K-3.

On the Futility of State Testing

In the latest edition of The Education Report, I write about standardized testing and note that Tennessee’s version has seen its share of problems.

Here’s more from that piece:

State standardized testing is supposed to help identify areas in public education that need improvement – and is often used to highlight achievement gaps based on socioeconomic status. However, a new piece in Jacobin suggests that high-stakes testing has done little to help in this regard and may, in fact, be creating more problems than it solves.

When we sort children into “proficient” and “failing” categories based on test scores, we’re not solving the opportunity gaps that show up in public education; we’re creating new ones. No one is helped, and many people are hurt, when we give students, teachers, and schools an impossible assignment and then sanction them for failing to complete it. Looking forward to the ESEA’s now overdue reauthorization, it’s high time we built accountability systems that nurture the humanity and potential of all kids — rather than placing artificial roadblocks in their way.

Tennessee’s experience with standardized testing has certainly been problematic.

It’s difficult to say this particular iteration of the state’s testing system has done anything helpful. Still, this year, the results determined whether or not third graders would be allowed to move on to fourth grade.

Previous analysis of the state’s testing system found it to be a solid way to identify the relative concentration of poverty in a school district – but otherwise, not really useful at all.

An analysis of TCAP performance over time indicates that those school systems with consistently high levels of poverty tend to have consistently low scores on TCAP. Likewise, those systems with the least amount of poverty tend to have consistently higher scores on TCAP.

Nevertheless, Tennessee’s testing vendor, Pearson, recently received a $40 million increase in its contract.

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

Funding Failure: Testing Vendor Gets $40 Million Increase

Amid third grade controversy, Pearson collects more cash

Tennessee standardized testing vendor Pearson will soon be collecting $40 million more thanks to Gov. Bill Lee’s administration extending and adding to the testing company’s contract.

Tennessee Lookout has more:

Amid uproar over third-grade reading scores and the prospect of thousands of failing students, Tennessee lawmakers extended the testing vendor’s contract and bumped up the total payout by nearly $40 million.

The Legislature’s Joint Fiscal Review Committee voted Wednesday to tack on another year for British-based NCS Pearson to administer TNReady and increase the total contract to $132 million from $93 million. The state previously paid $30 million a year to Questar to handle its main K-12 test.

Pearson became the state’s testing vendor of choice after Tennessee had a difficult time transitioning to online tests several years ago:

Pearson’s lobbying expenditure reports show the company spends between $25,000-$50,000 a year to influence lawmakers.

I’m guessing the $40 million contract increase is considered by the testing vendor to be a pretty solid ROI for those expenses.

bitcoins and u s dollar bills
Photo by David McBee on Pexels.com

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

The Least Wonderful Time of the Year

It’s TNReady trouble time – an annual event in Tennessee

Ah, yes. It’s that time of year again. The time of TNReady troubles.

This year, of course, the TNReady issue is compounded with a new and ridiculous third grade retention law.

We’ll start there.

As a result of the devastating new law, third grade students who didn’t meet a certain score on the ELA portion of TNReady this year are subject to being held back. To avoid that fate, they can participate in summer school and possibly have a tutor in 4th grade.

If those options don’t work, or they don’t complete summer school, the student will repeat third grade.

Since the test had much higher stakes this year than normal, the TN Department of Education offered the opportunity for students to retake the test if they fell into the score category requiring retention.

Those retakes were set for this week.

Here’s how that went:

My district ran into tech issues today with the 3rd grade retest. Our kids sat for over an hour after trying unsuccessfully to log in.

This type of issue – a technical difficulty with accessing the test – happened in a number of districts across the state.

So, imagine being a third grader at the end of your school year. You find out you have to retake an 85 minute test you’ve already taken. If you don’t do well enough, you have to go to summer school and possibly repeat third grade.

No pressure at all, right?

Then you show up for your retake and you’re ready to go and you have to wait for an hour or two while some tech issues are worked out.

It doesn’t matter that you’ve waited and are now likely extra anxious. This is it.

This test counts. For a lot – especially in the life of a 9-year-old.


Of course, this isn’t the first time TNReady has had problems. In fact, just about every single year the test has been administered, there have been challenges.

This year, many districts did not receive the necessary scores in time to include them in student grades. Here’s how Clarksville-Montgomery County describes the situation:

CMCSS will not include the TCAP/EOC state standardized test results as part of students’ final grades this school year. In accordance with T.C.A. § 49-1-617 and District policy, students’ TCAP scores will not be included in their final spring semester grades if the scores are not received by the District at least five instructional days before the end of the academic year. CMCSS did not receive scores in time.

Although scores will not be included in semester grades, in accordance with state law, the third-grade ELA TCAP score, or retest score, is still being used to determine the pathways to fourth-grade promotion unless a student is exempt from third-grade retention. CMCSS received scores from the state last Friday afternoon and processed through the weekend. Families of students at-risk for retention began receiving communications last Sunday regarding the retest and next steps.

Here’s an update from Sumner County:

So, the scores don’t count for a student’s grades, but they can be used to determine whether or not a student needs to take another test in the last days of the academic year.


Not only are there recurring technical issues with TNReady, it is important to note what the test actually measures:

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

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Clamoring for Change

Yet another group has added its voice to those calling on the Tennessee General Assembly to amend the state’s third grade retention law that goes into effect this year.

For more on that law, check this out:

Now, the Tennessee Parent Teacher Association (PTA) has issued a statement calling for change – specifically, to give local districts more control and to include multiple measures in any retention decision.

Here’s the full statement:

The Tennessee PTA works to ensure that all students can be successful.  The current third grade retention law, while working to ensure that students are capable of meeting standards, creates an environment where a singular test (i.e. TCAP or TNReady), and not a student’s tracked growth or potentially their full capabilities, determines their educational outcomes and progress in school.  We believe that the exceptions to retention set forth in the current legislation do not meet the full spectrum of needs a student might present or provide enough flexibility to prevent a student who is capable from being retained.

The Tennessee PTA Board of Directors believes that legislation regarding student retention should work to meet the needs, skills, and abilities of each student and must be based on multiple measures including student growth and achievement. The board of directors also believes that this legislation should return the ability for students, parents, teachers, and schools to make decisions for each student on an individual basis.  The board of directors deems that local education agencies are best suited to craft individual retention policies that promote the success of their students. The Tennessee PTA Board of Directors asks that the third grade retention legislation be amended to ensure that decisions are made individually and based on a student’s capabilities, and not as a collective in order to ensure the success of every student.  

Tennessee PTA and our board of directors will continue to focus on our mission: To make every child’s potential a reality by engaging and empowering families and communities to advocate for all children.

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

Test Data Given Added Weight in Teacher Evaluations

This year, teachers in Tennessee who teach in subjects that take state standardized tests (TNReady) will see the quantitative portion of their evaluation increase by 10%.

Previously, TNReady scores in tested subjects counted for 35% of a teacher’s evaluation score and “other achievement measures” accounted for 15%. The remaining 50% came from observation scores.

Under the new law and updated State Board of Education policy, “other achievement measures” will now account for 25% of a teacher’s evaluation. TNReady will still count for 35%. Observation scores are reduced to 40%.

Other achievement measures include items like ACT scores.

TNReady is a notoriously unreliable measure of both student achievement and teacher performance. In fact, the test is not even designed to evaluate teacher performance. Additionally, the value-added model used to assess teacher impact has repeatedly been called into question in terms of its validity.

It’s also noteworthy that just as more colleges are dropping standardized test scores from admissions requirements, Tennessee is placing stronger emphasis on them in teacher evaluation.

The disconnect between Tennessee education policy and reality continues to grow.

The Tennessee Education Association has noted its opposition to the move:

“We know that test scores have never been a valid measure of teacher effect and that our kids are more than a score,” said TEA President Tanya Coats. “TEA wholly disagrees with the state’s continued push to increase its reliance on test data over other methods of evaluation like observations that are more meaningful in improving our practice as educators.”

The move also comes as Tennessee is experiencing a teacher shortage:

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

Turns Out, TNReady Still Isn’t

The spectacular failure that is Tennessee’s statewide testing system for students (TNReady) just continues to fail. So much so that when districts announce that TNReady scores won’t be factored into student grades yet AGAIN, it’s not even a major news story.

Sure, the state pays in excess of $100 million for the test and yes, teachers are evaluated based on the results, but the test is a colossal waste of time year after year after year.

Here’s a recent announcement from Sumner County Schools about this year’s test scores:

Dear Parents,

Earlier this week, we were informed by the Tennessee Department of Education that the TNReady scores for third, fourth and fifth grade were incorrect for several elementary schools and were scored again by the state. The new scores were not returned before final report cards were sent home on Thursday. TNReady scores for grades 6–8 were received 3.5 school days before report cards were issued.State law requires TNReady testing to count a minimum of 15% of a student’s grade. School Board Policy 4.600 states that in the event of testing modifications by the state, such as a delay in scores being returned to the district, Sumner County Schools can waive the 15% TNReady grade. Due to this issue in testing, we will not include the TNReady score in your student’s final report card. Your student’s grade will be calculated by averaging the final grade from the first and second semester.In the fall, you will receive your child’s full TNReady scores

And here’s a notice from Metro Nashville Public Schools about TNReady:

I’m sure similar notices went out in other districts across the state.

So, the state spends millions on the test, schools spend hours prepping for it, students spend days taking the exams, and then — NOTHING. No score that is useful for grades, no return of data in a timely fashion.

In fact, TNReady has failed so often and in so many ways, the clown show is now just accepted as an annual rite of passage. We’ll give the test because the state can’t imagine NOT testing every year and then we’ll fully expect there to be one or several problems. A surprising TNReady year would be one in which there were no problems with administration AND the results came back on time.

It’s bad public policy when the bare minimum acceptable outcome IS the surprising outcome. Alas, that’s the case with TNReady.

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

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Opting Out of TNReady

Yes, you can opt your child out of this year’s TNReady test. This is true in spite of misleading guidance offered to school districts by the Tennessee Department of Education.

Fortunately, the advocates over at Save our Schools PAC offer some key insight into just how to accomplish this. Here’s a quick rundown:

There are only eight states that allow you to opt your child out of testing. Tennessee is NOT one of those states. However, there are no state laws in TN that require your child to take any TNReady test, so you and your child can refuse the test.

To refuse the test, you’ll need to make your request in writing and explain to your child why they will not be taking the test and to not be pressured into taking the test.

About a week prior to the testing window, send a confirmation email to the school principal. In this email, ask what your child will be allowed or not allowed to do during testing. We found this differs with schools and even with teachers within the schools. Most of the time, children will be allowed to read. You may also wish to hold your child out of school on test days. This could impact truancy reports, so be sure you speak to your child’s school about the impact of this decision. One parent who refused all tests was happy to keep her children home on testing days, knowing that if the school or state tried to punish her child for this decision, it would make a great news story.

If teachers, principals, or district leaders tell you can’t “opt out” because it hurts the school or district, you might share this with them:

There’s just one problem: The federal government has not (yet) penalized a single district for failing to hit the 95% benchmark. In fact, in the face of significant opt-outs in New York last year (including one district where 89% of students opted-out), the U.S. Department of Education communicated a clear message to New York state education leaders:  Districts and states will not suffer a loss of federal dollars due to high test refusal rates. The USDOE left it up to New York to decide whether or not to penalize districts financially.

See, no big deal. Except, well, Penny Schwinn wants to make it a big deal. Just like the previous Commissioner of Education wanted to make it a big deal.

Save our Schools offers some additional background:

The 2015-2016 school year was the first year for online testing, and it was a dismal failure. Measurement Inc.’s MIST testing platform frequently crashed due to a severe network outage. Quick scores were waived from being counted in student grades. The roll out of the new standards aligned with the TNReady test was delayed for a year when the legislature outlawed PARCC testing. As a result, the TDOE signed a $108M contract with Measurement Inc. using AIR as its subcontractor. AIR is affiliated with the Smarter Balanced test, a competitor to Pearson’s PARCC assessment.

On May 16, 2016, Candice McQueen sent out a letter to superintendents announcing the termination of the Measurement, Inc. contract on April 27, 2016. The immediate termination of Measurement, Inc. forced TDOE to spend yet more money on testing and execute an emergency contract with Pearson to score and report 2015-2016 assessments. The state hired a new test vendor, Questar Assessment, Inc., which received a $60M contract for 2 years. In June 2017, Measurement Inc. filed a $25.3M lawsuit against TDOE.

During the 2016-2017 school year, testing finally aligned with the new state standards for the first time, and TCAP was renamed TNReady. Due to prior failures, online testing was abandoned, and the TDOE returned to paper tests. However, there were still problems. Questar incorrectly scored almost 10,000 tests, which affected 70 schools in 33 districts. Quick scores were once again waived from being counted in student grades.

During the 2017-2018 school year, the TDOE attempted online testing again, and it was a complete disaster. Testing was abruptly cancelled midstream due to widespread technical problems. TDOE blamed an outside “deliberate attack” and a dump truck for the outages. Later, TDOE recanted and said that Questar was at fault. An attempt to print paper tests was initiated but soon scrapped, and testing was cancelled for the year.

The bottom line:

TNReady testing has been a disaster. Even before the pandemic. No matter who the vendor has been or how has held the title of Commissioner of Education. The results this year will likely yield almost no actionable information due to the overall disruption caused by COVID-19. And, what happens even in “good years” of testing?

The test is a demonstration of poverty – both among students and among districts:

An analysis of TCAP performance over time indicates that those school systems with consistently high levels of poverty tend to have consistently low scores on TCAP. Likewise, those systems with the least amount of poverty tend to have consistently higher scores on TCAP.

Much attention was focused on Tennessee and our “rapid gains” on the NAEP. Less celebrated by state officials was the attendant expansion of the achievement gap between rich and poor students.

One possible explanation for the expanding achievement gap is the investment gap among districts. That is, those districts with lower levels of poverty (the ones scoring higher on TCAP) also tend to invest funds in their schools well above what the state funding formula (BEP) generates. The top ten districts on TCAP performance spend 20% or more above what the BEP formula generates. By contrast, the bottom 10 districts spend 5% or less above the formula dollars.

It’s no accident that the districts that spend more are those with less poverty while the districts with less investment above the BEP have higher poverty levels. And, I’ve written recently about the flaws in the present BEP system that signal it is well past time to reform the formula and increase investment.

Of further interest is an analysis of 3-year ACT averages. Here again, 9 of the top 10 districts on ACT performance spend well above the state average in per pupil spending. The top 10 districts in ACT average spend an average of $900 more per student than the state’s average per pupil expenditure.

Opting out is up to you, of course. But, it’s definitely possible. Refer to Save our Schools for the guidance you need to make that happen.

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

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Did They Even Read This?

It’s not clear that the Department of Education previewed or even actually read the words in a document intended to dissuade parents from opting their children out of state standardized tests.

While activists in Tennessee and around the country are encouraging the Biden Administration to grant testing waivers, parents are not waiting and are taking matters into their own hands.

In fact, when one parent recently indicated to a school principal that their child would be “opting out” of state testing in 2021, they were provided with a one page document from the Tennessee Department of Education explaining that opting-out is not an option.

Here’s that letter:

Opting Out of Annual Assessments 

October 2020 Updated 10/19/2020 

What is the Purpose of Annual Assessments? 

Annual assessments are critical to ensure that all students are making strong academic progress. In Tennessee, one measure of  student, school, and district academics is through the Tennessee Comprehensive Assessment Program (TCAP), which are tests  aligned with our state’s academic standards, outlining what students are expected to know, guiding educators as they design their  lessons and curriculum. As Tennessee’s teachers work to equip all students with the knowledge and skills they need, we have to  ensure that we can identify any major gaps in students’ learning and find variations in growth among different schools – both so we  can strengthen support in places that need it and learn from educators and students who are excelling. 

Results from TCAP tests give both teachers and parents a unique feedback loop and big-picture perspective to better understand  how students are progressing and how to support their academic development. This yearly academic check-up is the best way to see  how all students in Tennessee are doing, and it is one key measure through which we learn if are meeting our responsibility to  prepare all students for college and the workforce. Because of the importance of annual assessment, we believe it is crucial for all  students to take all TCAP tests each year.  

May parents opt their students out of testing? 

State and federal law requires student participation in state assessments. These statutes specifically reference the expectation that  all students enrolled in public schools in Tennessee will complete annual assessments. Therefore, school districts are not authorized  to adopt policies allowing these actions.  

No, state and federal law 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. Given both the importance  and legal obligation, parents may not refuse or opt a child out of participating in state assessments. Therefore, school districts are  not authorized to adopt policies allowing these actions.  

With the exception of students impacted by COVID-19 as described below, school districts must 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.  

What considerations may be made for students impacted by COVID-19? 

Students Impacted Medically by COVID-19 

A student who tests positive for COVID-19 and is unable to return to school to test may be exempt from testing following  appropriate medical exemption documentation.  

Supporting Students with Existing Health Conditions 

Students with health conditions, such as those who may be immunocompromised, may also qualify for a medical exemption, if the  school building testing coordinator or district testing coordinator is unable to accommodate the testing environment needed to  ensure student safety. Students with other diagnoses whose needs can be addressed with appropriate supports throughout the  school year should have a plan that includes the student’s needs during testing as well. Districts should follow accommodations  available to students as outlined in these plans, as long as they do not compromise test security or the validity of the assessment.  

Guidance for Classrooms and Schools Impacted by Quarantine 

In the case of a student, set of students, or school impacted by a quarantine due to COVID-19 in advance of testing, school districts  are strongly encouraged to schedule make-up testing opportunities that would be able to be administered at a date when students  could safely return to school. School districts typically schedule make-up opportunities shortly after their previously communicated  test dates but this Fall may choose to offer additional make-up testing opportunities for students later if they can plan with enough  advance notice to ensure test availability. 

Key Phrase

Here’s the key phrase (repeated twice in the letter):

These statutes specifically reference the expectation that  all students enrolled in public schools in Tennessee will complete annual assessments.

Note that no sections of Tennessee Code Annotated (TCA) or United States Code (USC) are referenced here. Why? Because the codes that require students to take the tests do not exist. There are Tennessee regulations preventing districts from adopting policies regarding opting-out. Violation of such policies is subject to a penalty determined by the Commissioner of Education.

But, the laws on the books regarding students merely “reference the expectation” that students will complete the assessments.

Umm? What?

Did anyone at DOE read this “guidance” before sending it out? Does the staff there assume that Tennessee parents can’t actually read?

Your child “must” take the test because districts aren’t allowed to adopt policies allowing opt-out and because someone who wrote some statutes “expects” that children will complete assessments?

No. Just no.

That’s not how this works.

In fact, here’s something I wrote back in 2016 that is directly relevant now:

There’s just one problem: The federal government has not (yet) penalized a single district for failing to hit the 95% benchmark. In fact, in the face of significant opt-outs in New York last year (including one district where 89% of students opted-out), the U.S. Department of Education communicated a clear message to New York state education leaders:  Districts and states will not suffer a loss of federal dollars due to high test refusal rates. The USDOE left it up to New York to decide whether or not to penalize districts financially.

See, no big deal. Except, well, Penny Schwinn wants to make it a big deal. Just like the previous Commissioner of Education wanted to make it a big deal.

Dear parents: Don’t be bullied by letters riddled with redundancy from the Department of Education. Instead, push back on Penny’s petulance.

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

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Cancel the Tests

In response to the Biden Administration’s insistence that students will take standardized tests this year amid the COVID-19 pandemic, a number of Members of Congress are urging Education Secretary Miguel Cardona to rethink that decision and cancel the tests. Now, the Network for Public Education is urging action to support these Members of Congress in their efforts.

Here’s more from the NPE email:

In December of 2019, candidate Joe Biden promised that if elected, he would stop standardized testing. His Department of Ed, however, said that we should have testing in the middle of the pandemic.

We pushed back and today, we have good news! Some members of Congress are asking the U.S. Department of Education to change its mind about testing! Read about it here. Let’s give them our support TODAY!

We need more members of Congress to get on board. We can’t give up.

1. Call Speaker Nancy Pelosi’s office at: (202) 225-4965.

Here is a suggested script.

My name is (name). I am calling to request that Speaker Pelosi ask the President and Secretary Cardona to grant waivers from annual testing. Forcing schools to administer annual tests undermines the administration’s call to support our students’ social-emotional and mental health in this time of crisis. We need to put children, not data, first. Thank you.

2. Then call your Representative and Senators. You can find their numbers here and here.

Here is a suggested script.

“My name is (name), and I am a constituent of (name). I strongly oppose the Department of Ed’s recent letter that forces schools to administer annual tests this year. All of our schools’ efforts must be used to support our students’ social-emotional and mental health in this time of crisis.  I am requesting that (name) speak with the President and Secretary Cardona and ask them to grant waivers from the annual testing mandate. Thank you.”

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

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