March 17, 2016 (X) (X) Action Required Informational BULLETIN NO. 011-16B SPECIAL PROGRAMS & FEDERAL ACCOUNTABILITY TO: Educational Service District Superintendents School District Superintendents School District Federal Program Directors School District Assessment Directors FROM: Randy I. Dorn, State Superintendent of Public Instruction RE: Meaningful Requirement for 95 Percent Participation Rate in the State’s Assessments CONTACT: Gayle Pauley, Assistant Superintendent, Special Programs & Federal Accountability [email protected], 360-725-6170 Robin Munson, Assistant Superintendent, Assessment & Student Information [email protected], 360-725-6336 Agency TTY: 360-664-3631 On November 2, 2015, the Office of Superintendent of Public Education (OSPI) received a letter from Dr. Monique Chism, Director of Office of State Support from the United States Department of Education (ED) (see Attachment A). The letter reminded states that the assessment requirements under the Elementary and Secondary Education Act of 1965 (ESEA) as amended by the No Child Left Behind Act of 2001 (NCLB) remain in place for the 2015–16 school year and that similar requirements are included in the reauthorization of ESEA known as the Every Student Succeeds Act (ESSA). The letter specifically cited section 1111(b)(3) of ESEA which requires each State educational agency that receives Title I, Part A funds to implement in each district a set of academic assessments that includes assessments in mathematics and reading/language arts administered in grades 3 through 8 and not less than once during grades 10 through 12; and in science not less than once during grades 3 through 5, Bulletin No. 011-16B SP&FA Page 2 March 17, 2016 grades 6 through 9, and grades 10 through 12. Additionally, ESEA sections 1111(b)(C)(i) and (ix)(1) require state assessments to “be the same academic assessments used to measure the achievement of all children” and “provide for participation in such assessments of all students.” A reminder of the State’s assurance to administer the Title I, Part A program in accordance with all applicable statutes and regulations was also included in the letter (defined in ESEA section 9304(a)(1)). In addition, the State was required to assure the Title I, Part A program would be administered in accordance with all applicable statutes and regulations as defined in ESEA section 9306(a)(1). Based upon Washington’s release of 2014–15 assessment data, ED pointed out that the State did not assess at least 95 percent of students in the “all students” group or individual ESEA subgroups. Because of not meeting the 95 percent participation rate, the State was required to submit a response to ED identifying the steps the State was currently taking and will take to ensure the State will meet its assessment obligations under ESEA (see Attachment B). OSPI received a response from ED on February 12, from Patrick Rooney, Acting Director of the Office of State Support, stating that the State had submitted sufficient information to address ED’s request (see Attachment C). The information provided included the following: 1. OSPI reported that it is transitioning from its previous high school test, which is a graduation requirement, to Smarter Balanced, which is a graduation requirement for 2019. The low participation rate in high school is likely to be resolved by spring 2018, when the Class of 2019 is in the 11th grade, if not before. 2. OSPI reported that higher education partners have embraced the use of the high school assessment in establishing a Memorandum of Understanding regarding the use of high school students’ Smarter Balanced test scores as evidence that the student is ready for college-level work. At some institutions, high school graduates who meet certain requirements will be able to skip college placement tests and pre-college courses and be able to enroll directly into entry-level college courses. 3. OSPI reported that the State has taken a strong stand on cases of parent refusal of statewide assessments by calling these instances as “test refusal” and has increased public relations efforts to help parents understand the value and uses of these assessments. OSPI will continue to provide information to schools and districts to share with their communities regarding the State’s assessments which includes information on the ESEA and State assessment requirements, and how the results are used to determine the impact on student success outcomes. Bulletin No. 011-16B SP&FA Page 3 March 17, 2016 4. OSPI reported that districts and schools that fall below the 95 percent participation rate target will be required to address the low participation rate in their district or school improvement plan. The plan must address the causes of the low participation rate and the actions the district or school will take in response to the low participation rate to ensure that all students will participate in the future. 5. OSPI reported that any school or district that did not meet the 95 percent participate rate would not be eligible for any state or ESEA Title Program awards or recognitions. Included are: Washington Achievement Awards, English Language Acquisition Awards, or the Title I, Part A Distinguished Schools Awards. 6. OSPI reported that the Office of Student and School Success will require any district with a Priority or Focus school that has a participation rate less than 95 percent to address the issue in the school’s Indistar plan. 7. OSPI reported that any required school or district plan would be reviewed through the state’s Consolidated Program Reviews. If any of the plans do not address the issue, the district will receive a compliance finding and will be required to work with OSPI staff to institute compliance. 8. OSPI reported that information will continue to be provided to each district’s assessment coordinator and these coordinators will continue to focus on the participation requirement. In the letter, Acting Director Rooney also stated that ED would monitor whether Washington takes appropriate actions to enforce the requirements of ESEA. The letter outlined the actions that ED would take if Washington’s districts and schools did not meet the 95 percent participation rate in 2015–16. ED will take one or more of the following actions: (1) withhold Title I, Part A state administrative funds; (2) place the State’s Title I, Part A grant on high-risk status and direct the State to use a portion of its Title I State administrative funds to address low participation rates; or (3) withhold or redirect Title VI State assessment funds. To determine what action is most appropriate, ED will consider State and district participation rate data for the 2015−16 school year as well as action the State has taken with respect to any district noncompliance with the assessment requirements of the ESEA. Districts and schools that did not meet the 2014–15 95 percent participation rate will be contacted through a letter to the district’s superintendent within the next ten days. Actions that must be taken by these districts and schools will be defined in that correspondence. Bulletin No. 011-16B SP&FA Page 4 March 17, 2016 Additional resources that can be shared with parents and community members on assessments and the importance of assessments can be found at http://www.k12.wa.us/Resources/, under Assessments. For questions regarding this bulletin please contact Gayle Pauley at 360-725-6170 or [email protected], or Robin Munson at 360-725-6336 or [email protected]. The agency TTY number is 360-664-3631. K–12 EDUCATION Gil Mendoza, Ed.D. Deputy Superintendent SPECIAL PROGRAMS AND FEDERAL ACCOUNTABILITY Gayle Pauley Assistant Superintendent ASSESSMENT AND STUDENT INFORMATION Robin Munson, Ph.D. Assistant Superintendent RD:gp Attachment A: Attachment B: Attachment C: November 2, 2015 Letter from ED to Randy Dorn December 2, 2015 Response to ED from Gayle Pauley February 12, 2016 Response Letter from ED to Randy Dorn OSPI provides equal access to all programs and services without discrimination based on sex, race, creed, religion, color, national origin, age, honorably discharged veteran or military status, sexual orientation including gender expression or identity, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability. Questions and complaints of alleged discrimination should be directed to the Equity and Civil Rights Director at 360 725-6162 or P.O. Box 47200 Olympia, WA 98504-7200.
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