Statehouse roundup

Ranks of testing bills culled as session’s days dwindle

Four testing bills were killed by the House Education Committee Monday, including measures that would have repealed the Common Core State Standards and the PARCC tests.

The committee did approve a measure that would impose new data privacy requirements on vendors who provide services to schools.

All four testing measures had Republican sponsorship and had been expected to die in the Democratic-majority House, although the committee didn’t split along party lines on two of the four bills. The measures have been hanging around on the calendar while lawmakers have been trying to reach agreement on the issue.

The bills died after a hearing of more than six hours that featured now-familiar testimony from testing critics and from interest-group representatives who want only minor changes in the system.

The committee’s action leaves six testing-related bills alive in the legislature, which has only 16 days before adjournment. The two major assessment measures, House Bill 15-1323 and Senate Bill 15-257, are on the  House and Senate floor calendars Tuesday, but they may or may not be heard then.

These are the bills that were killed Monday:

House Bill 15-1105 – The main elements of the bill would have ended Colorado’s participation in the Common Core and PARCC and required creation of new state standards. 9-2 bipartisan vote.

House Bill 15-1123 – The key feature of the bill would have given districts flexibility is choosing their own tests rather than having to give the statewide assessments. 8-3 bipartisan vote.

House Bill 15-1208 – The measure originally would have taken Colorado out of the Common Core State Standards, required adoption of new state standards and new tests and given districts some flexibility in choice of tests. Rep. Gordon Klingenschmitt, R-Colorado Springs, offered a successful amendment to trim the bill down to just pulling out of PARCC. Then the committee killed the bill. 6-5 party-line vote.

House Bill 15-1125 – Its provisions were similar in many ways to HB 15-1105, but it also provided district and State Board of Education flexibility and created a schedule for periodic updating of academic content standards. Sponsor Rep. Paul Lundeen, R-Monument, made a last-minute plea to have the bill laid over, but chair Rep. Brittany Pettersen, D-Lakewood, declined to do that. 6-5 party-line vote.

Republican Reps. Kevin Priola of Henderson, Jim Wilson of Salida, and JoAnn Windholz of Brighton voted with committee Democrats on some of the four bills. Only GOP Reps. Justin Everett of Littleton and Lundeen supported all four of the bills.

A 9-2 majority of House Education members passed HB 15-1323 on April 13 (see story).

The two bills pending on the House and Senate floors don’t touch the Common Core or PARCC but would reduce high school testing and streamline early literacy and school readiness assessments. The major difference is ninth grade testing, which the House bill would continue but the Senate bill would eliminate. The Senate bill also proposes some district flexibility in testing.

One testing-related measure, Senate Bill 15-233, doesn’t propose changes in the assessment system itself but codifies parent rights to opt students out of tests and clarifies what happens to schools and districts when test participation levels fall below required levels. That bill currently is scheduled in House Education on April 27.

(Get more details on the measures decided Monday and all other assessment bills in the Testing Bill Tracker at the bottom of this article. Learn more about HB 15-1323 and SB 15-257 in the chart below the Tracker.)

Privacy bill still in play

The data privacy measure, Senate Bill 15-173, has been the subject of intense negotiations since it passed the Senate more than a month ago.

Technology industry lobbyists have been promoting amendments to soften some of the bill’s requirements, particularly the amount of disclosure companies would have to make about contracts with school districts. Parent activists have been fighting to keep the bill in the form it left the Senate.

House Education Monday approved two amendments, one intended to meet some of the industry concerns and a second that adds further limits on the types of student data that vendors can’t use for commercial purposes.

The main thrust of the bill prohibits educational data companies from sharing, mining, selling or using personally identifiable student data, and from compiling such data for commercial uses. The bill also would ban direct marketing to students based on their individual data.

The committee sent the bill to the House on a 10-1 vote.

For the record

The House gave final approval Monday to these education bills:

House Bill 15-1317 – The bill would authorize the state to set up “pay for success contracts” under which private investors and philanthropists could fund social services such as early childhood programs and recover their investments from savings in other programs such as special education. 52-11

House Bill 15-1326 – The measure would prohibit state colleges from discriminating in admissions and financial aid against graduates of high schools in unaccredited school districts. 35-28

The House also gave preliminary approval to House Bill 15-1334, which would create a legislative study committee plus a technical advisory group with powers to review the state’s school finance system and makes recommendations for changes to the 2016 and 2017 legislative sessions.

Prime sponsor Rep. Millie Hamner, D-Dillon, told her colleagues, “This is a really important bill. You’ve probably been under a rock if you haven’t heard we have some issues in our state regarding school finance.”

Testing Bill Tracker

Click the bill number in the left column for more a more detailed description, sponsors and other information. Click the link in the Fiscal Notes column at the right for a bill’s description and an estimate of potential state costs.

What went down

‘There was no cyber attack,’ investigator says of Tennessee’s online testing shutdown

PHOTO: Manuel Breva Colmeiro/Getty Images

Questar’s unauthorized change of an online testing tool — not a possible cyber attack, as earlier reported by the company — was responsible for shutting down Tennessee’s computerized exams on their second day this spring, the state’s chief investigator reported Wednesday.

An independent probe determined that “there was no cyber attack,” nor was any student data compromised, when thousands of students could not log onto the online exam known as TNReady on April 17.

Instead, investigators said, Questar was mostly responsible for this year’s testing miscues. The main culprit was a combination of “bugs in the software” and the slowness of a computerized tool designed to let students turn text into speech if they need audible instructions.

Comptroller Justin P. Wilson reviewed early findings of his office’s internal review and the external investigation by a company hired by the Education Department during a legislative hearing in Nashville.

Education Commissioner Candice McQueen also told lawmakers that Tennessee is docking Questar about $2.5 million this year out of its $30 million contract because of the online problems that plagued many students and schools during the three-week testing window.

Payments being withheld are punitive, as well as to cover the state’s costs to address the problems, she said, adding that other discounts could follow.

Last week, McQueen announced that the state plans to launch a new search this fall for one or more testing companies to take over TNReady beginning in the 2019-20 school year. She said a track record of successful online testing is a must.

The text-to-speech tool worked fine last fall when a smaller number of high school students tested online. But the state said Questar made a “significant and unauthorized change” to that feature before the launch of spring testing that affects the vast majority of Tennessee students.  

“We now know this decision led to the severity of other issues we experienced during online testing,” the Education Department said in a statement.

House Speaker Beth Harwell and Rep. Jeremy Faison asked the comptroller to review the state’s contract with Questar, particularly related to reports of a possible cyber attack. Wilson’s office also looked into other technical snafus that disrupted student testing for days, prompting the legislature to pass emergency laws that make this year’s scores inconsequential.

“We believe that the student testing issues occurred primarily because of how Questar set the student assessment system up to work,” said Brent Rumbley, the comptroller’s information systems audit manager.

Education Commissioner Candice McQueen testifies during Wednesday’s hearing, where specialists in the state comptroller’s office also testified.

On the second day of exams, Rumbley said, those issues manifested themselves in a suspiciously high volume of internet traffic to the testing platform.

“That’s what led the Department of Education and Questar to believe that there may have been a cyber attack,” he told lawmakers. “This traffic eventually shut the system down.”

Even though Questar upgraded the processing capability of its equipment in response, students and educators continued to report problems logging in, staying online, and submitting tests until Questar turned off the text-to-speech tool beginning May 1.

The comptroller’s office also found that Questar was ill-prepared to handle the fallout from the technical glitches. For instance, the company struggled to manually recover the high number of tests that students couldn’t submit online. And school personnel calling the customer service line experienced wait times as long as 60 minutes, prompting many to just hang up.

New details emerged Wednesday about other testing problems, too.

On April 25, a Questar employee “inadvertently overrode” custom rosters statewide that allowed schools to match students with available testing devices. “As a result, teachers and test coordinators had to scramble to get students the tests they should take,” Rumbley said.

The next day, more problems erupted when an internet cable was accidentally severed by a dump truck in a traffic accident in Hawkins County.

“According to the vendor that manages the fiber optic line, 21 districts were without internet from approximately two to four hours,” said Rumbley, adding that neither Questar nor the department could have prevented the outage that day.

Lawmakers will get an expanded look at the Education Department and its testing program in November when Wilson’s office presents the results of a year-long performance audit, along with findings from a massive survey of Tennessee educators about TNReady.

The two-hour hearing gave lawmakers a platform to take jabs at McQueen and her department for their handling of testing.

Rep. Bo Mitchell admonished the Education Department for tweeting on the second day of testing that Questar “may have experienced a deliberate attack” that morning.

“This gets into the public trust and throwing out information to the public from the Department of Education that the failure was a hack … Whose decision was that to put that out into the public domain without any proof?” asked Mitchell, a Democrat from Nashville.

McQueen clarified that the department never used the word “hack,” but reported that the testing system was experiencing a “pattern of data that was consistent with a cyber attack.” The description was based on what was known as the time, she said.

Sen. Janice Bowling, a Republican from Tullahoma, said Questar’s $2.5 million penalty “seems like a smack on the wrist” given the disruption caused by the company’s mistakes.

McQueen responded that the state is withholding almost $11 million invoiced by Questar for online testing as it continues negotiations. She added that the state’s biggest testing expenses stem from printing and transit costs for paper materials used by about half of its students this year. The state is transitioning to computerized testing and has decided to slow the switch for a second time in the wake of this year’s challenges.

Justin P. Wilson

Questar officials told Chalkbeat last week that the company plans to pursue the state’s new contract next year, but Rep. Craig Fitzhugh told McQueen that he doesn’t want the Minnesota-based company involved after it completes its current contract.

“I don’t think we can let Questar get in the ballgame again,” said the Ripley Democrat.

The proposal will be competitively bid, said Wilson, adding that Questar’s past performance will be taken into account.

For more on how Tennessee got here, read why state lawmakers share blame, too, for TNReady testing headaches.

help wanted

Will third time be a charm? Tennessee searches again for online testing company

PHOTO: Marta W. Aldrich
Education Commissioner Candice McQueen answers questions Thursday at a news conference about changes to Tennessee's testing program. The changes were supported by Dale Lynch (right), executive director of the Tennessee Organization of School Superintendents.

After firing one testing company and hiring another in a pinch, Tennessee plans to launch a fresh search this fall for vendors — forging ahead with its switch to computerized exams, albeit more slowly than initially planned.

Education Commissioner Candice McQueen announced Thursday that the state will seek proposals from one or more companies to take over its troubled standardized testing program beginning in the 2019-20 school year. A track record of successful online testing is a must, she said.

Questar, which has handled the job the last two school years, will continue to oversee the state tests known as TNReady this year under an amended contract. Chief Operating Officer Brad Baumgartner said the company plans to pursue the new contract, too.

“We anticipate successful fall and spring administrations and hope to be afforded the opportunity to continue the momentum,” he told Chalkbeat.

McQueen said the state is ordering numerous changes next school year under Questar, including a modified timeline for transitioning from paper to computerized exams.

Instead of following the state’s initial game plan to have most students testing online next year, only high schoolers will stick with computers for their exams in 2018-19. All students in grades 3-8 — some of whom tested online this spring — will take their TNReady tests on paper.

The exception will be Tennessee’s new science test. Because that assessment is based on new academic standards and won’t count toward student grades or teacher evaluations in its first year, students in grades 5-8 will take it online, while grades 3-4 will test on paper. The idea is that the “field test” provides an opportunity for fifth-graders and up to gain online testing experience in a low-risk environment.

Even with technical problems hampering online testing two of the last three years, McQueen made it clear that computerized exams are the future for all Tennessee students if they want to keep pace with their peers nationally.

“Tennessee is one of less than 10 states who still have a paper test in our lower grade levels,” McQueen said during a news conference.

Local school leaders are equally committed to computerized testing, according to Dale Lynch, executive director of the Tennessee Organization of School Superintendents.   

“We do not want to go back to paper and pencil,” Lynch said. “Online testing is the way to go, but we need to get it right in Tennessee.”

"Online testing is the way to go, but we need to get it right in Tennessee."Dale Lynch, Tennessee Organization of School Superintendents

All of the changes are in response to the series of technical issues that frequently interrupted testing this year, exasperating students and teachers and prompting an emergency state law that rendered the scores mostly inconsequential for one year.

“Teachers, students and families deserve a testing process they can have confidence in, and we are doing everything possible to meet that responsibility,” McQueen said. “We are always committed to listening and improving, and we’ll continue to do just that.”

Questar is Tennessee’s second testing company since 2016, when the state entered the era of TNReady, a new assessment aligned to new academic standards and billed as harder to game. The switch to computerized testing was part of that package.

McQueen fired North Carolina-based Measurement Inc. after its online rollout failed on the first day of testing and led to the cancellation of most state exams that year. Questar, which had come in second for the contract, was brought on as an emergency vendor for $30 million a year. Questar’s two-year contract ends in November, but McQueen wants an extension in order to complete testing for the 2018-19 school year.

The search for a new vendor — or combination of vendors — could be tricky. Only about a half dozen companies can provide online testing for a state the size of Tennessee. That’s why the state Department of Education’s invitation for companies to submit proposals will be structured so that different vendors can bid on different pieces of the work.

“What we’ve learned over time is that there are few vendors who do all of those components well, but some vendors do some pieces of it much better than others,” McQueen said. “We’re going to look for those who have a track record of success online and who we think can manage our program well.”

The state already has taken a step toward that approach. Last month, McQueen announced that Educational Testing Service, also known as ETS, will take over this year’s TNReady design work, such as devising questions and exam instructions. The change will allow Questar to focus on giving and scoring the test and verifying and reporting the results. (ETS also owns Questar. Read more here.)

The legislature’s fiscal review committee recently approved that change, including $12.5 million to pay for ETS’ services, although state officials expect the extra money will be offset by re-negotiating down the cost of Questar’s current contract.