The More Things Change, the More They Stay the Same: NYSED’s Bungled Release of the 2016 Test Scores


The NYS Department of Education recently released this year’s state test scores with test refusal information on a Friday afternoon, timing typically reserved for when an organization wants to bury a news item.

Before opening the State’s press release and PowerPoint slides, many expected more of the same: minor increases touted as large improvements, a characterization of opt out as a movement for and by privileged parents with struggling students, and a tone deaf approach to the changes demanded by parents and educators.

On July 14th I participated in NYSED’s ESSA (Every Student Succeeds Act) “think tank” or “task force” meeting. The group was tasked with representing stakeholders (the State is only planning two regional public hearings) and guiding the creation of New York’s new accountability plan as required by the federal government to align with the regulations put forth in ESSA. During the Commissioner’s opening remarks, she asserted that the public thought the 2016 state test questions were “fair” and went so far as to say that that there was “very little criticism” of the tests. Commissioner Elia went on to state that she had received overwhelmingly positive feedback across the state regarding the new practice of untimed tests.

It should be noted that the NYS Department of Education did not require school districts to maintain any data or information regarding which students, let alone how many students took advantage of the additional time afforded under the Commissioner’s new untimed testing edict. Considering the State’s penchant for data collection, this was an unusual “oversight.” For a state department of education to implement a brand new, never-before-piloted testing protocol or practice, to essentially experiment on almost a million children, and maintain no data to measure its efficacy is negligent at best. To declare it a success without any formal survey or interviews of students, educators, or administrators is highly questionable.

Ironically, on July 22nd, 8 days after publicly citing overwhelming support of the practice, the Commissioner disseminated a survey of teachers regarding untimed testing.

Why does this matter?

As advocacy groups like NYSAPE have recently pointed out, two years ago, New York State passed a law placing a 1% cap on the amount of instructional hours that could be spent on mandated state testing. As a result of Commissioner Elia’s new untimed test directive, many students have spent more than four times the amount of time on state testing than New York State law allows.

We have no way of knowing whether this new, experimental, and potentially illegal practice disproportionately impacted poorer districts or districts under the threat of receivership, or whether or not districts coerced students to utilize the extra time. We cannot know if the extra time yielded better scores for individual students, or whether it made no difference. We have no qualitative data as to whether or not this new practice diminished test anxiety. This was sloppy at best, and when the well-being of children is at stake, when we are weighing whether or not is is appropriate to allow children as young as 8 years old to sit with an exam for 5 hours per day, 3 days in a row, such an “oversight” is unacceptable.

Cut to today’s release of the 2016 testing data. There is little to celebrate. While the state tests are still labeling more than 60% of the children in NYS as failures, once again NYS and the pro-“reform”, pro-privatization groups are applauding minor gains in ELA and largely flat math scores. Among certain sub-groups, the increases, particularly in ELA scores, were inexplicably larger.

When describing and disaggregating the data from this year’s test questions, NYSED consistently compares this year’s data to last year’s data, highlighting the improvement in scores where they exist. Ironically, NYSED’s own press release states, “While the content of the 2016 tests and last year’s tests are comparable and similarly rigorous, it is not possible to make direct comparisons of the 2016 results to prior years’ results because of changes to the tests this year. The 2016 results are valid and reliable indicators of student proficiency in the tested grades and subjects.” The State’s PowerPoint presentation reiterates, “Given the numerous changes in the tests, we cannot pinpoint exactly why the test scores increased.”

To recap, according to NYSED, direct comparisons can not be made, but the state will make them anyway in order to give the illusion that their Common-Core-based testing program and test-based accountability system are working. And because of a lack of due diligence in keeping data on yet another large scale experiment on our children, NYSED cannot say whether or not untimed testing was successful. And while the state cannot pinpoint why test scores increased because they did not properly monitor the variables in this year’s test, and because this year’s tests cannot be compared to last year’s tests (although they are being compared), these tests are valid and reliable. Got that?

Despite the efforts to squash the opt out movement, test refusals increased this year. These efforts included the State’s  Assessment Toolkit designed to help parents “recognize the importance of state tests” and Commissioner Elia’s constant messaging that she is “listening” to parents and educators. Test refusal increased in many high need school districts as more and more parents gained access to factual information and 50% of test refusers refused for the first time this year. Clearly, the opt out movement is alive and well.

Despite her constant “I am listening” messaging, and despite the persistence of the opt out movement Commissioner Elia is clearly not listening. In a July 29th interview with Politico, the Commissioner insulted parents refusing the 2016 state tests in a remark reminiscent of Arne Duncan’s infamous soccer mom gaffe. The Commissioner states, ““I think what you’re seeing is many people who finally realized, ‘Well they are listening and they’re making changes,’ [and] they were willing to have their children test,” Elia said. “You have another group of parents who said ‘Geez, I think I’m not going to be happy with what’s going on and I don’t know about a lot of changes, and so therefore I’m going to have my child not test.’”

In the PowerPoint slides accompanying the release of 2016 testing data, the State enumerates the various “important” changes they have made. These are the changes that according to Commissioner Elia, test refusal parents “don’t know about”:

-Started with a new test vendor; even greater teacher involvement

While NYS has contracted with a new test vendor, Questar, all passages and questions on this year’s test (and next year’s test) were constructed from an already existing bank of Pearson text passages and questions. The 22 educators involved in test development could only accept or reject text and questions from the Pearson created pool.

-Reduced the number of questions on every grade 3-8 assessment

The New York State tests rival the SATs in length. Now with untimed testing, some students are testing for triple the amount of time required to take the SATs. Reducing a test that is grossly inappropriate in length by one reading passage or a handful of multiple choice questions is negligible. While Governor Cuomo’s Common Core Task Force report recommended that NYS reduce testing by one full day, Commissioner Elia revealed in an April 2016  interview with the Poughkeepsie Journal that this may not happen, “We’re going to look to try to get it down from three days (of testing) to two, maybe we won’t be able to … we’re going to review it.”

-Allowed students working productively to complete their exams

This “change” was implemented without the backing of any research or evidence. The practice of giving young learners untimed tests which can last up to 5 or 6 hours for three consecutive days is highly inappropriate and in school districts under the threat of receivership, can lead to unethical testing situations.

-Released more test questions than ever before and earlier to support instruction

75% of test questions and student reports  were released on June 1st. With only three weeks remaining in the school year, it is doubtful that these reports could “support instruction.”

Here’s what those in the opt out movement know has not changed:

  • NYS tests are STILL based on inappropriate standards that lack a foundation in research or best practice
  • Teachers continue to have little meaningful input into the construction of state tests
  • State tests continue to be too long and continue to rob students of valuable learning time while diverting financial resources from school programming
  • State tests continue to lack instructional value
  • The misuse of test scores to evaluate teacher efficacy and to sort, label and punish schools persists
  • The focus on test scores continues to narrow the curriculum
  • Many children continue to be denied equitable, fairly funded public educations

Commissioner Elia has made some small but laudable adjustments, but when the experience of the individual child remains the same, it is disingenuous to tout these changes as significant.

During the ESSA think tank meeting, the work group I participated in was told that if most members in the group held a majority opinion about a particular aspect of the regulations and one person had a different idea, NYSED would choose that one person’s idea if it aligns with the Regent’s Agenda and that there is no democratic, majority rule in the “think tank.” In contrast to the theme of collaboration and public engagement, we were essentially told that our input holds little to no weight.

I wasn’t surprised.



6 thoughts on “The More Things Change, the More They Stay the Same: NYSED’s Bungled Release of the 2016 Test Scores

  1. -Started with a new test vendor; even greater teacher involvement

    Also, it should be noted that Questar has been charged with developing the “on-line” testing for NYS. Questar will be using the platform developed by a company called IMS Global. PARCC, SBAC, and other on-line tests all use the IMS Global on-line platform. So, no, not a new test vendor, Questar is just an additional layer in the testing machine, making millions.

    Liked by 1 person

  2. In my inner-city middle school, untimed tests caused many new problems:

    1- Many students took advantage and tested “all day” in order to miss afternoon classes.

    2-Many tried to take naps, claiming they could concentrate better if they first got some rest first.

    3-Lunch breaks in the cafeteria required testing children to be monitored by staff so they don’t discuss questions, a difficult proposition in large groups and for kids in the bathroom.

    4-Staff resources were stretched too thin as teachers had to proctor tests 2-3 times longer, for as few as one student. As a result, classes like art were cancelled, for multiple days, if their teacher was unavailable and students were warehoused in the gym or combined into other classes.

    5-Teachers always lost AM prep periods when proctoring under timed testing, but now lost even more due to expanded proctoring and coverages, something not negotiated in contract.

    6-Besides the six testing days, we also had six make-up days for absent students to test. This means a teacher could be out of their classroom to proctor all day, depending on the whim of one student, over 12 days of testing. And we can’t forget the teachers pulled out of their classrooms to score exams for 3-5 additional days.

    7-Hundreds of students were filtering back into classrooms at random times, all day long, interrupting normal teaching practice.

    We also know NYSUT touts the “teacher approved” nature of 2016 tests but as we learn, the 4-person panels assembled for each grade included administrators who never taught the subject. There was no transparency in the selection process and therefore no way of knowing how geographic areas or student subgroups may or may not have been represented. We also do not have certainty the tests approved by the teacher panels fully ended up reflecting the final tests.

    And finally, no one has a clue how the all-important “cut scores” were set, defining proficiency thresholds. All states set them differently, meaning Common Core failed it’s stated goal to make test scores comparable nationwide, but last year NY was caught secretly withdrawing a “test item” from the 3rd grade exam, swinging scores as much as 11% long after the tests were taken and scored.

    This years-long struggle against flawed standardized tests continues, with NY’s tinkering clearly and consistently doing more harm than good as more unproven practices are forced on live children from the top-down.

    Liked by 1 person

  3. All true.
    And then there was the missing planning page that no one ever talks about.
    Th missing page alone should be invalidating all the ELA scores for grades that were missing that page. And calling into question the ability of Questar to effectively carry out their mission. (Was there any consequence to the company for their gross oversight of test materials? What else was improperly printed or omitted that wasn’t as obvious as a missing page?
    just wondering…


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