Against Proposed DoE Regulations on ESSA

This is from Monty Neill:


Dear Friends,

The U.S. Department of Education (DoE) has drafted regulations for
implementing the accountability provisions of the Every Student Succeeds
Act (ESSA). The DOE proposals would continue test-and-punish practices
imposed by the failed No Child Left Behind (NCLB) law. The draft
over-emphasizes standardized exam scores, mandates punitive
interventions not required in law, and extends federal micro-management.
The draft regulations would also require states to punish schools in
which larger numbers of parents refuse to let their children be tested.
When DoE makes decisions that should have been set locally in
partnership with educators, parents, and students, it takes away local
voices that ESSA tried to restore.

You can help push back against these dangerous proposals in two ways:

First, tell DoE it must drop harmful proposed regulations. You can
simply cut and paste the Comment below into DoE’s website at!submitComment;D=ED-2016-OESE-0032-0001
or adapt it into your own words. (The text below is part of FairTest’s
submission.) You could emphasize that the draft regulations steal the
opportunity ESSA provides for states and districts to control
accountability and thereby silences the voice of educators, parents,
students and others.

Second, urge Congress to monitor the regulations. Many Members have
expressed concern that DoE is trying to rewrite the new law, not draft
appropriate regulations to implement it. Here’s a letter you can easily
send to your Senators and Representative asking them to tell leaders of
Congress’ education committees to block DoE’s proposals:

Together, we can stop DoE’s efforts to extend NLCB policies that the
American people and Congress have rejected.


Note: DoE website has a character limit; if you add your own comments,
you likely will need to cut some of the text below:

*/You can cut and paste this text into the DoE website:/*

I support the Comments submitted by FairTest on June 15 (Comment #).
Here is a slightly edited version:

While the accountability provision in the Every Student Succeeds Act
(ESSA) are superior to those in No Child Left Behind (NCLB), the
Department of Education’s (DoE) draft regulations intensify ESSA’s worst
aspects and will perpetuate many of NCLB’s most harmful practices. The
draft regulations over-emphasize testing, mandate punishments not
required in law, and continue federal micro-management. When DoE makes
decisions that should be set at the state and local level in partnership
with local educators, parents, and students, it takes away local voices
that ESSA restores. All this will make it harder for states, districts
and schools to recover from the educational damage caused by NLCB – the
very damage that led Congress to fundamentally overhaul NCLB’s
accountability structure and return authority to the states.

The DoE must remove or thoroughly revise five draft regulations:

_DoE draft regulation 200.15_ would require states to lower the ranking
of any school that does not test 95% of its students or to identify it
as needing “targeted support.” No such mandate exists in ESSA. This
provision violates statutory language that ESSA does not override “a
State or local law regarding the decision of a parent to not have the
parent’s child participate in the academic assessments.” This regulation
appears designed primarily to undermine resistance to the overuse and
misuse of standardized exams.

_Recommendation:_ DoE should simply restate ESSA language allowing the
right to opt out as well as its requirements that states test 95% of
students in identified grades and factor low participation rates into
their accountability systems. Alternatively, DoE could write no
regulation at all. In either case, states should decide how to implement
this provision.

_DoE draft regulation 200.18_ transforms ESSA’s requirement for
“meaningful differentiation” among schools into a mandate that states
create “at least three distinct levels of school performance” for each
indicator. ESSA requires states to identify their lowest performing five
percent of schools as well as those in which “subgroups” of students are
doing particularly poorly. Neither provision necessitates creation of
three or more levels. This proposal serves no educationally useful
purpose. Several states have indicated they oppose this provision
because it obscures rather than enhances their ability to precisely
identify problems and misleads the public. This draft regulation would
pressure schools to focus on tests to avoid being placed in a lower
level. Performance levels are also another way to attack schools in
which large numbers of parents opt out, as discussed above.

_DoE draft regulation 200.18_ also mandates that states combine multiple
indicators into a single “summative” score for each school. As Rep. John
Kline, chair of the House Education Committee, pointed out, ESSA
includes no such requirement. Summative scores are simplistically
reductive and opaque. They encourage the flawed school grading schemes
promoted by diehard NCLB defenders.

_Recommendation:_ DoE should drop this draft regulation. It should allow
states to decide how to use their indicators to identify schools and
whether to report a single score. Even better, the DoE should encourage
states to drop their use of levels.

_DoE draft regulation 200.18_ further proposes that a state’s academic
indicators together carry “much greater” weight than its “school
quality” (non-academic) indicators. Members of Congress differ as to the
intent of the relevant ESSA passage. Some say it simply means more than
50%, while others claim it implies much more than 50%. The phrase “much
greater” is likely to push states to minimize the weight of non-academic
factors in order to win plan approval from DOE, especially since the
overall tone of the draft regulations emphasizes testing.

_Recommendation: _The regulations should state that the academic
indicators must count for more than 50% of the weighting in how a state
identifies schools needing support.

_DoE draft regulation 200.18_ also exceeds limits ESSA placed on DoE
actions regarding state accountability plans.

_DoE draft regulation 200.19_ would require states to use 2016-17 data
to select schools for “support and improvement” in 2017-18. This leaves
states barely a year for implementation, too little time to overhaul
accountability systems. It will have the harmful consequence of
encouraging states to keep using a narrow set of test-based indicators
and to select only one additional “non-academic” indicator.

_Recommendation:_ The regulations should allow states to use 2017-18
data to identify schools for 2018-19. This change is entirely consistent
with ESSA’s language.

Lastly, we are concerned that an additional effect of these unwarranted
regulations will be to unhelpfully constrain states that choose to
participate in ESSA’s “innovative assessment” program.

Monty Neill, Ed.D.; Executive Director, FairTest; P.O. Box 300204,
Jamaica Plain, MA 02130; 617-477-9792;; Donate
to FairTest:

Remedial College Courses and Real Problems

From a recent discussion on the Concerned4DCPS list about a recent NYT article on the numbers of students taking remedial courses at the college level. I have taken the opportunity to revise and extend my remarks. If you want to read these in chronological order, start at the bottom.


(From me:)

Just how flat ARE those 12th grade NAEP scores?

Perhaps you read or heard that the 12th grade NAEP reading and math scores, which just got reported, were “flat“.

Did you wonder what that meant?

The short answer is: those scores have essentially not changed since they began giving the tests! Not for the kids at the top of the testing heap, not for those at the bottom, not for blacks, not for whites, not for hispanics.

No change, nada, zip.

Not even after a full dozen years of Bush’s looney No Child Left Behind Act, nor its twisted Obama-style descendant, Race to the Trough. Top.

I took a look at the official reports and I’ve plotted them here you can see how little effect all those billions spent on testing;  firing veteran teachers; writing and publishing new tests and standards; and opening thousands of charter schools has had.

Here are the tables:

naep 12th grade reading by percentiles over time

This first graph shows that other than a slight widening of the gap between the kids at the top (at the 90th percentile) and those at the bottom (at the 10th percentile) back in the early 1990s, there has been essentially no change in the average scores over the past two full decades.

I think we can assume that the test makers, who are professional psychometricians and not political appointees, tried their very best to make the test of equal difficulty every year. So those flat lines mean that there has been no change, despite all the efforts of the education secretaries of Clinton, Bush 2, and Obama. And despite the wholesale replacement of an enormous fraction of the nation’s teachers, and the handing over of public education resources to charter school operators.

naep 12th grade reading by group over time


This next graph shows much the same thing, but the data is broken down into ethnic/racial groups. Again, these lines are about as flat (horizontal) as you will ever see in the social sciences,

However, I think it’s instructive to note that the gap between, say, Hispanic and Black students on the one hand, and White and Asian students on the other, is much smaller than the gap between the 10th and 90th percentiles we saw in the very first graph: about 30 points as opposed to almost 100 points.
naep 12th grade math by percentiles over time


The third graph shows the  NAEP math scores for 12th graders since 2005, since that was the first time that the test was given. The psychometricians atNAEP claim there has been a :statistically significant” change since 2005 in some of those scores, but I don’t really see it. Being “statistically significant’ and being REALLY significant are two different things.

*Note: the 12th grade Math NAEP was given for the first time in 2005, unlike the 12th grade reading test.

naep 12th grade math by group over time


And here we have the same data broken down by ethnic/racial groups. Since 2009 there has been essentially no change, and there was precious little before that, except for Asian students.

Diane Ravitch correctly dismissed all of this as a sign that everything that Rod Paige, Margaret Spellings and Arne Duncan have done, is a complete and utter failure. Her conclusion, which I agree with, is that NCLB and RTTT need to be thrown out.


Listen to the Newark Five

Five principals in Newark, NJ were suspended by Cami Anderson very recently for defending their schools.

Published in: on January 21, 2014 at 7:15 pm  Leave a Comment  
Tags: , ,

Trends for DC & Charters & Nation in 8th grade NAEP reading scores, black students

Here we have yet another surprising graph showing how the scores for black 8th graders on the NAEP reading tests have been bouncing around for students in DC public schools, DC charter schools, DC as a whole, large US cities as a whole, and the nation’s public schools as a whole.

Tell me what you see:

dc, dcps, charters, national, black 8th grade reading, naep to 2013

What I see is that under the ‘leadership’ of Rhee and Henderson, African-american 8th graders enrolled in DC public schools (blue and purple line) are actually doing a bit worse than they did before mayoral control. However, the average scores for the their counterparts in DC’s charter schools (dotted orange line)  are rising quite rapidly and are now higher than the national averages for black 8th graders.

However, on the average, the scores for all 8th-grade black students in publicly-funded DC schools (black dashed line) on the NAEP since 2008 (when Rhee was installed – purple vertical line) seem to be following the trends that were in place before that date.

No wonder Henderson recently admitted that her administration had no real idea on how to make DCPS middle schools attractive to families. One might conclude that the DC African-American families and students who were motivated to do well in school have in many cases migrated to the charter schools, leaving the less-motivated ones behind.

As in my previous three posts, I had to do have my spreadsheet do some computation to calculate the scores for the charter schools. You can find the formula in my first two posts. I used the overall DCPS and charter school and DC total enrollments rather than the specific 8th-grade-level enrollments for each institution because the latter was too difficult to find and I suspected that it wouldn’t make a big difference. If anybody finds any errors, please let me know.

Trends on NAEP for 8th grade math, black students in DC, DCPS, DC charters, and nation

Yet another graph, this one showing how this year’s group of African-American 8th grade students did on the NAEP math tests in the regular DC public schools, in all DC publicly-funded schools, in the DC charter schools, in large cities across the nation, and in all US public school systems, going back to the early 1990s.

dc, dcps, charters, national - black 8th graders, math to 2013

As usual, I had to do a bit of algebra to calculate what the average charter school scores were in the post-Rhee era, since those are not explicitly given anywhere. I give the explanation in my previous two posts.

My previous results seem to disagree a bit with those produced by NCES (by a couple of points). Therefore I used their data instead of what I calculated; the graph above is new as of 1/6/2014.

I still make these conclusions:

(1) Since the establishment of mayoral control of the schools, as a whole, the overall average for DC students in publicly-supported schools is following just about the exact same trends that were established from 2000 through 2007.  As a result, math scores for DC’s African-American 8th graders are now equal to those in large cities across the nation, which is a positive development.

(2) The DC charter schools seemed to have siphoned off the more motivated black 8th grade students and their families; as a result, scores for students in the regular DC public schools at that level in math lag significantly behind those of their counterparts in the charter schools, whose scores now surpass those of black 8th graders n the nation’s public schools as a whole and also those in large urban school systems as well.

As usual, if anybody finds any errors in my work, please let me know by leaving a comment.

Trends in DC on the NAEP for 4th grade reading, black students only: regular DCPS, charter schools, and pre- and post-Rhee

Here is a graph showing how African-American 4th students have been doing over time in Washington DC public schools and charter schools. I have drawn a clear dividing line at year 2008, because the scores before that were under the influence of DC’s former school board and superintendents. After that time, DC has been under a chancellor answerable only to the mayor.

dc, dcps, dc charter, and national naep trends, 4th grade reading to 2013You may notice that the blue, black and purple lines separate after 2007. That’s because NAEP began reporting separate scores for DC’s regular public schools and for all publicly-supported schools, though not for the charter schools as a bloc. As a result, you have to do a little bit of linear algebra to calculate what the average scales were for the charter schools from 2009 onwards. (I used essentially the same equation that I did in the previous post. Please write me a note if you think I made an error.)

As usual, we can see that since the late 1990s and up until Rhee took over, the overall trend in all large cities, in the nation’s public schools, and in DC’s publicly-supported schools was upwards on this test. (Yes, I know, these are not scores that follow the same kids year after year, but for whatever reason, the group of kids answering these tests are in general getting more answers right every two years.) Before that, i.e. from 1992 to 1998, scores bounced around or went down.

After Rhee took over, those scores seem to have entered another bouncy period. In fact, in DCPS, the scores on this test in 2013 were only back up to the level of 2007. There is a clear demarcation between the scores in the charter schools (blue line) and the regular public schools. The line for the charter schools seems to follow the trend from 1998 to 2007.

If I knew nothing about the politics of EduDeform, I would wonder why the WaPo editorial board is claiming victory.



Fact-free Praises for “Rhee-form” in DC from a Dick

Richard Whitmire is at it again, claiming huge success for the eduDEformers without the slightest evidence.

I’ll explain.

I think I have showed pretty clearly in my last several posts that the current trends (that is, slow but fairly steady progress as measured by the NAEP) in DCPS have been going on for the past decade or so: There has been no perceptible change in trends post-Rhee as opposed to pre-Rhee that we can see in any of the officially-produced data from the NCES on the NAEP and the TUDA. (Write something like NAEP TUDA DC in the little ‘search’ box on this page, perhaps to the right, and you’ll see a lot of my recent posts that have graphs and so on; you can see for yourself. )

From 2002 through the taking of the 2007 NAEP, DCPS used to have superintendents, an elected school board, and a veteran teaching staff, mostly black, that often had deep roots in the local community. DCPS also had a union that had to be listened to and reckoned with, because it actually was something that the members had themselves helped to build. (As in many other areas, we certainly had our share of crooks. It’s my contention that the crooks have had a very bad effect, by allowing themselves to be an example of black, inner-city corruption at all levels, so, as Richard Whitmire has argued, the African-American teachers and principals were precisely the ones who were holding their black DC students back. (I’m not making up this accusation – read The Bee Eater)). DCPS certainly had its share of very serious problems, about which I and many other teachers and parents spoke up and tried to fix in one way or another, not always successfully…

But for the last five years, Washington now has a completely powerless school board, a mayor who appoints chancellors based on wishful thinking, and a loss of about 80% of the former teaching staff (retired, resigned, or fired) and their replacement by overwhelmingly young, white recent college grads who find it a VERY difficult job and seldom last more than 2-3 years in the classroom, because the work load has become so overwhelming and crisis-like, with no support from any administration member at any level…

And over the last 5 years of Rhee-form, in a time when enrollment in K-12 was booming again in DC after many decades of free-fall, regular DC public schools have managed steadily to lose market share to charter schools, to such a degree that today, it’s nearly 50% charter, 50% regular public. And teaching staff are judged by a pseudo-scientific formula couched in impenetrably complex and ENORMOUS AMOUNTS of mathematical processing that literally no one can do by hand: a prominent mathematician calls this “Intimidation by Mathematics” is used to judge teachers’ and administrators’ worth. The pressure on teachers is unrelenting.

Nowadays, all of the principals and all of the downtown staff is new, too. Many of the higher-ups seem to be connected through Teach for America and various other foundations funded by a relative handful of billionaires (some very public, such as Bill Gates or Michael Bloomberg or the Koch brothers or the Walton family) but they often jump from city to city, too, seeking higher pay and better perks wherever they go…

The curriculum has now become preparation for standardized tests; art, music, gym, recess, projects, libraries, and anything else not tested is disappearing from the curriculum.

On the charter-school side, it’s fairly easy for someone to open up a few charter schools and pay him/herself high salaries, set up a separate for-profit corporation that the “public” charter school does all its business with, and it’s often perfectly legal. But it’s very common for charter school operators to earn half-a-million dollars a year, or more. (Options PCS, anybody? Many charter heads report that they earn large six figures, and I wonder what they don’t report…)

So, to repeat, there has been an almost complete changeover of teaching and administrative staff in the District of Columbia’s public education sector.  And the ‘system’ appears to have totally changed, to the point that every administrator and every teachers knows full well that he/she has absolutely no right to any due process: they can be fired or forced to resign at almost any time, even in the middle of the school year, while they waste untold amounts of time that could be used actively engaging kids in real thought-provoking activities, they are expected to follow scripted lessons to the letter, and spend almost the entire year preparing a test that many of the students don’t care about all and means nothing at all to their future.

And what has changed regarding these all-important test scores? Nothing..

The trends before Rhee in the NAEP tests are almost exactly the same as after Rhee, on all levels that NAEP reports on, for DCPS.

All those changes – for NOTHING?

(I have not yet teased out the charter schools data for DC, so I won’t say anything about how they compare with the regular public schools.)

In any case, this same Dick Whitmire has, as usual, been given yet another opportunity in the Washington Post to pour his accolades on his  personal friends, Michelle Rhee, Kaya Henderson, and the rest of the new millionaire class of edupreneurs who made good via TFA, and their billionaire backers.

Here’s a quote from that Dick:

“The education momentum has shifted so dramatically in the past few years that most Washingtonians have no idea why D.C. students suddenly are being singled out for making remarkable progress.”

More on Advanced Placement Tests, 1955-2011

Last post, we looked at the total number of students taking Advanced Placement exams since 1955.

What about pass rates? Are more kids taking them but flunking them?

In a few places, that may be true, especially schools that are trying to do well on Jay Mathews’ fairly short-sighted ‘Challenge Index’. But look for yourself at the graph below, which shows how many students get scores of 3, 4, or 5 (passing)  on their exams and how many get scores of 1 or 2 (not passing). This graph only goes back to 1991, because that’s all that I could find on The College Board website.

passing + failing numbers of AP exams 1991-2011


I present the pass rates next as a percentage, rather than the absolute numbers.  In general, pass rates are declining a bit, but not tremendously. It would be better if the pass rates were bit higher, but consider this:

If a test is really rigorous, as these tests are, NOT EVERYBODY IS GOING TO SUCCEED.

Remember: neither you nor I would probably be able to pass the AP Chemistry test unless we happened to be an AP Chemistry teacher.

Nor could we succeed at being on ANY national Olympic Decathlon team, to pick a sport at random!

pass rates on AP exams 1991-2011


Once again, my point is this: despite all the problems that they really do have, and despite all the pressures and attacks on American public schools they are, in fact, doing some things much better than ever before, despite everything.

And it’s taken a lot of hard work by professionally trained and experienced teachers and administrators, with support from families and local school boards, to accomplish this.

Neither Bill Gates, Michelle Rhee, Wendy Kopp, nor Arne Duncan attended public schools. At best, they don’t know what they are talking about. At worst, they are trying to destroy American public education completely.

I’m Rather Disappointed with the New Frontline Piece on Michelle Rhee

I just finished watching John Merrow’s most recent hourlong piece on Michelle Rhee.

I was disappointed that it still seemed to make Rhee seem like a superstar who does little wrong.

Yes, he does point out pretty clearly that there was a huge amount of cheating by adults in DC public schools in the form of changing student answers on yearly tests; it is clear to me that Rhee pushed for impossible gains, and principals and teachers felt that they needed to cheat in order to keep their jobs and gain large bonuses. Merrow was, of course, unable to get Rhee to admit to stonewalling the investigations. But she clearly did, if you look at the exchange of emails and letters printed in USA Today. But will viewers agree with me, or give her the benefit of the doubt?

Merrow should have asked Rhee something like this: “You held up Wayne Ryan of Noyes ES as a superstar for raising test scores so dramatically — and promoted him, and gave him large bonuses. It is abundantly clear that those gains were the results of cheating. He refuses to comment. What do you have to say for yourself now?”

Another question he should have asked, as a follow-up: “You say that you don’t know why Caveon didn’t use all of their investigative tools to detect cheating on the DC standardized tests. But the reason was very simple: they would have to be paid more money to do so. Why did you decide not to commit the funds to have these extra investigations done?”

He did get the subsequent principal of Noyes to describe what looked like an ‘erasure party’ by staff at the school, and evasions by staff to avoid talking to investigators. She also told how nobody from the DC Inspector General’s office even interviewed her at all.

He also should have examined one of Michelle Rhee’s supposedly signature reforms: the ‘Capital Gains’ experiment, where students at certain middle schools were paid to be good, to be on time, do their homework, and so on. It was a failure: there were no differences in achievement between the control group and the experimental group; but she never, ever acknowledged this failure; I seem to be the only person who has commented on this failure in print.

He also should have shown with graphs what the results were in DC public schools on the National Assessment of Educational Progress, or NAEP, before, during, and after Rhee’s administration. If he had done so, he would have had to note that her reign made only one really significant difference: the gap between whites and blacks in DC, the largest in the nation, became wider than ever.

Having Richard Whitmire on screen so much was a joke: he is a fawning admirer of Rhee.

Not enough was done to point out that every single “fact” that Rhee put forth in her resume and verbally concerning her career at Harlem Park ES in Baltimore was a lie. I personally gave Merrow plenty of data, but he let Whitmire have the last say on the famous “90% below the 13th percentile to 90% above the 90th percentile” claim that Rhee made.


If you watched the show, what were your reactions?

As usual, if you want to make a comment you have to find the words “leave a comment” that are in super-tiny letters at the bottom of this column.

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