1. Participation in State Assessments State and Federal Policy
12/5/2018
Participation in State Assessments State and Federal Policy
ADD: Meeting Name/Group and Date to slide.
September 21, 2016

2. Decision Point
How will Colorado hold schools accountable for the 95% state assessment participation rate requirement (overall and for each disaggregated group)? 2

3. Grounding
Why is there a 95% participation requirement? 3

4. Data Overview

5. Participation Rates and Parent Excusals – English Language Arts
ELA10
Participation Rate
Other Non-Participants Parent Excusal Rate

6. Participation by Grade Level
ELA
Math
Science
Grade
2015
2016 3
95.0%
95.6%
95.2%
96.0% -- 4
94.9%
94.8% 5
94.6%
94.2%
94.3%
96.5% 6
92.4%
91.6%
92.3%
91.9% 7
88.7%
88.0%
88.5%
88.1% 8
85.0%
83.5%
84.9%
83.3%
90.8% 9
70.4%
73.9%
69.8%
73.3% 10
61.7%
88.3% (PSAT)
60.3% 11
58.1%

7. 2016 School Results
Schools with less than 95% participation rate in 2 or more content areas (any reason)
Schools with less than 95% participation rate (with parent excusals removed) # %
All schools
Elementary
Middle
High 7

8. Example 1: All Students Tested
School A: 200 Students
Percent of students tested: 100%
Percent of students parent opt-out: 0%
Percent of students other non-participations: 0%
Results
25% Below
Benchmark
75% At or Above Benchmark
We can also replace achievement (%P+A) with growth (MGP)- it’s the same exact issue.
* All students in tested grades are included in the achievement results in this example. 8

9. Example 2: Majority of Students Tested (95%)
School B: 200 Students
Percent of students tested: 95%
Percent of students parent opt-out: 2.5%
Percent of students other non-participations: 2.5%
Results
NOT TESTED
25% Below Benchmark
75% At or Above Benchmark
We can also replace achievement (%P+A) with growth (MGP)- it’s the same exact issue.
* Most students (95%) in tested grades are included in the achievement results in this example. 9

10. Example 3: ¼ of Students Opt-Out
School C: 200 Students
Percent of students tested: 75%
Percent of students parent opt-out: 20%
Percent of students other non-participations: 5%
Results
NOT TESTED
75% At or Above Benchmark
25% Below Benchmark
We can also replace achievement (%P+A) with growth (MGP)- it’s the same exact issue.
* Three-quarters of students in tested grades are included in the achievement results in this example. 10

11. Example 4: ½ of Students Opt-Out
School D: 200 Students
Percent of students tested: 50%
Percent of students parent opt-out: 45%
Percent of students other non-participations: 5%
Results
75% At or Above Benchmark
NOT TESTED
We can also replace achievement (%P+A) with growth (MGP)- it’s the same exact issue.
25% Below Benchmark
* Less than half of students in tested grades are included in the achievement results in this example. 11

12. Policy Requirements

13. State Board of Education Motion
State Law ( (1.2.a.1.d.I)
Required all students in tested grades to take the state assessment.
State Board of Education Motion
Districts and schools would not be held liable for parent refusals. HB
Acknowledged the right of parents to excuse children from testing.
Prohibited schools/districts for penalizing parents or students, or encouraging students not to take the assessments.
No Child Left Behind- required testing for all students (95%). Through the waiver, participation must be included in the accountability system.
Every Student Succeeds Act- 95% of students must be assessed. Opt-out laws are recognized. States decide how participation factors into accountability, but non-participants below 95% are considered non-proficient. 13

14. Comparison of Indicators
12/5/2018
Comparison of Indicators
State Law
ESSA Requirements
Proposed Regulations
Participation: Requirements
HB requires districts to have a policy to allow parents to excuse their students from state assessments
§1111(c)(4)(E)(i): "Annually measure the achievement of not less than 95 percent of all students, and 95 percent of all students in each subgroup of students, who are enrolled in public schools on the assessment“
§1111(b)(2)(K): “Nothing in this paragraph shall be construed as preempting a State or local law regarding the decision of a parent to not have the parent’s child participate in the academic assessments.”
200.15(a)(1) same as law
Proposed regulations do not address this section of the law to reconcile it with the other requirements. A 14

15. Comparison of Indicators
12/5/2018
Comparison of Indicators
Colorado Frameworks 2.0
ESSA Requirements
Proposed
Regulations
Participation: Accountability Impact
Ratings lowered for schools/ districts that missed the 95% participation target in two or more subject areas (not counting parent excuses)
§1111(c)(4)(E)(iii)
“The 95% participation requirement must be factored into the statewide accountability system”
200.15(b)(2): gives 4 options
Lower rating
Lowest performance on academic achievement
Identified for targeted support and improvement plan
Equally rigorous state-determined action
200.15(c): all schools not meeting 95% requirements overall or for a disaggregated group must develop an improvement plan
Regs A
Decision
Point 15

16. Comparison of Indicators
12/5/2018
Comparison of Indicators
Colorado Frameworks 2.0
ESSA Requirements
Proposed Regulations
Participation: Achievement Reporting
Non-participants are not included in performance denominators
§1111(c)(4)E(ii):
Non-participants (below 95%) are counted as non-proficient
Same as law
Law A 16

17. Example of Non-participant/ Achievement Calculation
12/5/2018
Example of Non-participant/ Achievement Calculation A 17

18. ESSA Statutory Language
‘‘(E) ANNUAL MEASUREMENT OF ACHIEVEMENT.—
(i) Annually measure the achievement of not less than 95 percent of all students, and 95 percent of all students in each subgroup of students, who are enrolled in public schools on the assessments described under subsection (b)(2)(v)(I).
‘(ii) For the purpose of measuring, calculating, and reporting on the indicator described in subparagraph (B)(i), include in the denominator the greater of—
‘‘(I) 95 percent of all such students, or 95 percent of all such students in the subgroup, as the case maybe; or
‘‘(II) the number of students participating in the assessments.
‘(iii) Provide a clear and understandable explanation of how the State will factor the requirement of clause (i) of this subparagraph into the statewide accountability system. 18

19. ESSA
‘‘(2) TESTING TRANSPARENCY.— ‘‘(A) IN GENERAL.—At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the local educational agency will provide the parents on request (and in a timely manner), information regarding any State or local educational agency policy regarding student participation in any assessments mandated by section 1111(b)(2) and by the State or local educational agency, which shall include a policy, procedure, or parental right to opt the child out of such assessment, where applicable. 19

20. ESSA
‘‘(K) RULE OF CONSTRUCTION ON PARENT RIGHTS.— Nothing in this paragraph shall be construed as preempting a State or local law regarding the decision of a parent to not have the parent’s child participate in the academic assessments under this paragraph. 20

21. Proposed Regulation Language
§ Participation in assessments and annual measurement of achievement. Pages of the proposed regulations: See handouts 21

22. HB15-1323 Language (State Statute)
(8) (a) EACH LOCAL EDUCATION PROVIDER SHALL ADOPT AND IMPLEMENT A WRITTEN POLICY AND PROCEDURE BY WHICH A STUDENT'S PARENT MAY EXCUSE THE STUDENT FROM PARTICIPATING IN ONE OR MORE OF THE STATE ASSESSMENTS ADMINISTERED PURSUANT TO SECTION
(b) IF A PARENT EXCUSES HIS OR HER STUDENT FROM PARTICIPATING IN A STATE ASSESSMENT, A LOCAL EDUCATION PROVIDER SHALL NOT IMPOSE NEGATIVE CONSEQUENCES, INCLUDING PROHIBITING SCHOOL ATTENDANCE, IMPOSING AN UNEXCUSED ABSENCE, OR PROHIBITING PARTICIPATION IN EXTRACURRICULAR ACTIVITIES, ON THE STUDENT OR ON THE PARENT.
(c) A LOCAL EDUCATION PROVIDER SHALL NOT IMPOSE AN UNREASONABLE BURDEN OR REQUIREMENT ON A STUDENT THAT WOULD DISCOURAGE THE STUDENT FROM TAKING A STATE ASSESSMENT OR ENCOURAGE THE STUDENT'S PARENT TO EXCUSE THE STUDENT FROM TAKING THE STATE ASSESSMENT. 22

23. State Board of Education Resolution
In February, 2015, the State Board of Education passed a resolution to:
“not hold districts liable for the decisions of parents when these parents decide not to allow their children to take PARCC.” 23

24. Current Practice – Performance Frameworks
12/5/2018
Current Practice – Performance Frameworks
*The Accountability Participation Rate differs from the “Participation Rate” in the following ways: it excludes Parent Excuses from the denominator; it includes in both the numerator and denominator English Learners in their first year in the United States who took WIDA ACCESS for ELLs instead of the PARCC ELA assessment.
Failing to meet 95% participation requirements (excluding parent excuses) on more than one assessment will reduce the overall accreditation category by one level.
Board approved 24

25. ESEA Waiver Language (Colorado)
12/5/2018
ESEA Waiver Language (Colorado)
Calculate disaggregated state assessment participation rates for all schools and districts and disaggregated groups of students.
Report state administered assessment participation rates and assessment results for all schools and districts and disaggregated groups.
Require schools and districts that fall below 95% participation in one or more of the state administered English Language Arts or Math assessments to address their low participation rates as part of their Unified Improvement Plan, including actions that schools and districts will take in response to their low participation rates.
Board approved 25

26. ESEA Waiver Language (Colorado)
Include low participation rates as an indicator in ESEA Program Effectiveness Reviews conducted with districts that have priority schools, focus schools, and other Title I schools with participation rates below 95%.
Provide information regarding the state assessments, the reasons for administering the assessments, and how the assessment results are used, to all schools and districts to share with their communities, including schools and districts that have low participation rates. 26

27. Feedback 27

28. Listening Tour
See handout- pages of the ESSA Listening Tour Report
Posted here: 28

29. Hub Committee 29

30. Input
What information, research, data, etc. does the group need in order to put forward some options and considerations for the hub and SBE