Colorado’s policy of not penalizing schools that fail to meet federal requirements for student participation in state tests isn’t going over well with the federal government.
The U.S. Department of Education told state officials in a letter Friday that the policy is not acceptable. Colorado faces losing millions in federal funding if it doesn’t change course.
Federal officials flagged the opt-out policy in a response to the state’s plan to comply with the nation’s new federal education law, the Every Student Succeeds Act.
The federal government’s feedback to states is being closely watched for signs of how the department, under Education Secretary Betsy DeVos, enforces a law that was meant to shift more decision-making away from the federal government and back to states.
“It didn’t come as a surprise,” Pat Chapman, the Colorado Department of Education’s executive director of federal programs, said of the feedback. “There’s a need to reconcile state board, state legislature and federal requirements and policies.”
The State Board of Education, reasoning that it wasn’t fair to punish schools for something not in their control, adopted a policy forbidding the state education department from lowering schools’ quality ratings or otherwise punishing them for high refusal rates.
Previously, schools and districts could have seen their quality ratings lowered if they failed to annually test 95 percent of students in math and English. Schools that receive the state’s lowest quality ratings for five consecutive years face state intervention.
Education Commissioner Katy Anthes is expected to brief the state board at its regularly scheduled meeting this week on possible responses. The state has until Aug. 24 to submit a revised state plan or ask for an extension.
State board Chairwoman Angelika Schroeder, a Boulder Democrat, said Monday she doesn’t expect the board to take any formal action on rethinking the board’s policy this week. She declined to elaborate further.
“The board should have an opportunity to talk about this before I publicly comment,” she said.
Board member Steve Durham, a Colorado Springs Republican who championed the policy, also held back Monday.
“I’m not sure what all the options available are,” he said. “We’ll wait and see what the staff’s analysis is and go from there.”
The state’s unique opt-out policy wasn’t the federal government’s only criticism.
The U.S. Department of Education also raised concern about the state’s long-term academic goals, using an average of test scores to determine school quality and monitoring how well students are learning English as a second language.
The federal department is asking the state to resubmit long-term academic goals for particular student groups, including different ethnic groups and students with disabilities.
In the current version of the plan, all student groups are expected to have the same average test score in six years, which is slightly higher than the state’s current average. The goals seem confusing and unattainable. For example, students with disabilities would need to make unprecedented progress, while Asian students would need to lose academic ground in order for the state to meet its targets.
As part of its plan, Colorado also proposed rating schools based on averages from English and math test scores, not how many students met grade-level proficiency as it did in the past.
While the use of average test scores was applauded by some, it isn’t flying with the federal education department. It wants Colorado to better explain how using average scores relates to measuring whether students are at grade level.
Moreover, U.S. officials want an assurance from Colorado that students who are far above grade-level won’t “overcompensate” for students who are not proficient. In other words, the department wants to make sure high-performers aren’t masking serious problems.
Dale Chu, vice president of policy and operations for America Succeeds, a nonprofit of business leaders that support education reform, helped a coalition of education groups review state plans independently of U.S. education department. The group, the Collaborative For Student Success, was critical of Colorado’s switch to using an average of test scores.
“There’s no sense of proficiency,” he said. “There has to be some sort of sense that kids are coming out school being able to read and compute and be on a successful path.”
Finally, the U.S. education department is also seeking more clarity on how the state is tracking the progress of students learning English as a second language. It said the state needs to provide a clear timeline on when it can provide specific goals and more detail about how the state will use data to determine school quality.
Chapman said the state education department did not have the data available to provide the federal government the information it needed. However, that’s changing and he expects that portion of the plan to be accepted.
The Every Student Succeeds Act was signed by President Barack Obama in 2015. The law required states to develop plans to outline how it would use federal dollars to improve schools, teacher quality and boost language proficiency for students learning English as a second language.
Pushback from the U.S. education department to states has been more stern than many education policy observers expected given DeVos’s support of school choice and local control.
Chapman said the federal department has been helpful.
“They’re asked to uphold the letter of the law, he said. “I do think they’re approaching it in anyway that they’re being helpful to states to write a plan that’s consistent with statue.”
Chalkbeat is a nonprofit news site covering educational change in public schools.