HB 323 is a very critical bill as it is tied to the No Child Left Behind waiver. This waiver is the agreement that the state Department of Education made with the US DOE so the state can have flexibility to depart from some of the more punitive aspects of NCLB’s mandates. It also commits New Hampshire to contractual agreements with the feds for the next three to four years. This waiver commits local school districts to state and federal mandates, such as the adoption of College and Career Readiness Standards (another name for Common Core) and the aligned assessments.
The New Hampshire senate will vote on HB 323 on Thursday, May 14th. As the date approaches supporters intend to kick into high gear with several false statements to push through this bill. The evidence does not support their positions. The FAQ below is posted on Mr. Bill Duncan’s website who is a member of the state Department of Education. The letter is written by state DOE Deputy Commissioner, Mr. Paul Leather. His letter is in black text and the rebuttals are in bold italics.
“Things come apart so easily when they have been held together with lies.” ~ Dorothy Allison, Bastard Out of Carolina
FAQs Regarding HB 323
PACE does NOT regionalize Public Schools under the Commissioner of Education:
The source of this assertion is unclear. There are no “regions” in PACE and there will not be in the future. Professional development and other forms of training have always been offered on a regional basis for the convenience of attendees. PACE workshops are done that way as well. However, school district leaders and local school boards continue to oversee educational delivery for districts that have chosen to implement PACE.
New Hampshire schools have been implementing competency based education for 10 years, with no change in how they are organized. The PACE assessment strategy is merely the next step. Neither PACE nor HB 323 will have any impact on how New Hampshire schools are organized.
REBUTTAL: The state DOE’s flexibility waiver repeatedly refers to “regional liaisons” as extensions of the agency. Their goals are described on several pages, as follows:
“Five regional liaisons provided support and outreach planning for implementing the NH CCRS (College and Career Readiness Standards) and the Networked Strategy for the NH DOE.” (page 31)
“The regional liaisons and NH DOE personnel have provided continued access to these networks while working side-by-side with leaders and practitioners in the field to implement NH CCRS.” (page 31)
“As part of their ongoing support role, the regional liaisons participated in monthly superintendent, principal and CIA (curriculum, instruction and assessment) meetings that took place in their respective regions.” (page 31)
“The liaisons participated in bi-monthly meetings at the NH DOE, included as members of the NH DOE Expanded Cabinet (staff meetings), ensuring a better two-way flow of information between the field and the NH DOE.” (page 32)
“Implement the philosophy of the NH CRRS into daily planning.” (page 34)
This is in violation of NH state law.
RSA 193-H:5 Powers of the Department of Education. “Nothing in this chapter shall be construed to permit either the department of education or the state board of education to take control of the daily operations of any local public school.”
RSA 193-C:1, VI “The purpose of the statewide education improvement and assessment program is not to establish a statewide curriculum.
Who are these regional liaisons, and upon what is their authority based? We have locally elected school boards and appointed/hired superintendents, but no basis for regional liaisons.
PACE will NOT be required in all districts:
The PACE design is entirely based on districts volunteering to participate. The current pilot is limited to four districts this year and four additional districts next year. The state will evaluate the pilot at the end of two years. Only if it is successful, and this determination is agreed to by the NH Legislative Oversight Committee for Assessment and Accountability, will the PACE pilot continue and expand to other districts.
Districts from Manchester to Fall Mountain have expressed a desire to participate in PACE if the project does continue, but no district will be required to participate.
The reference in the USED waiver letter to “Statewide system” means a single system that includes competency based performance assessments and an annual statewide assessment. It does not mean that every district will be required to participate in PACE. The current accountability system, Smarter Balance Assessments in grades 3-8 and one high school assessment, will continue to be available and supported for district use .
REBUTTAL: New Hampshire statute requires that the state administer a single statewide assessment.
RSA 193-C:6 Assessment Required. “Each year, a statewide assessment shall be administered in all school districts in the state in grades 3 through 8 and one grade in high school. All public school students in the designated grades shall participate in the assessment, unless such student is exempted, or provided that the commissioner of the department of education may, through an agreement with another state when such state and New Hampshire are parties to an interstate agreement, allow pupils to participate in that state’s assessment program as an alternative to the assessment required under this chapter. Home educated students may contact their local school districts if they wish to participate in the statewide assessment. Private schools may contact the department of education to participate in the statewide assessment.”
It is also clearly stated in the US DOE’s letter dated 3/5/15 that NH is expected to transition to PACE. The letter indicates that this statewide assessment will be given at every grade level K-12, not just grades 3-8 and 11 as done currently. Although PACE is in a pilot stage right now, it is intended to roll-out across all districts.
“ESEA sections 1111(b)(1)(B) and 1111(b)(3)(C)(i), which require the State educational agency (SEA) to use the same academic assessments and academic achievement standards, respectively, for all public school children in the State.”
“The four LEAs will administer the NHDOE State assessments in reading/language arts and mathematics once each in elementary, middle, and high school and will administer PACE in every grade (K-12). NHDOE may increase the number of pilot LEAs to eight in year 2 of the pilot, subject to the relevant conditions below.”
“Finally, this waiver is also granted based on the NH DOE’s intent to move to a single Statewide system in which all LEAs are administering the same assessment system to all students in each grade, within a timeframe identified by NHDOE and approved by ED. If the transitional pilot proves impracticable to continue or expand (or ED determines it must withdraw approval of the waiver), NHDOE will require the pilot LEAs to administer the Statewide assessments to all students.”
Also the state DOE flexibility waiver states they intend to implement PACE statewide.
“We describe below key aspects of PACE implementation to provide an understanding of how NH DOE will eventually scale-up this pilot to all NH school districts.” (page 46)
PACE will NOT “destroy” Charter Schools:
In fact, PACE will support the charter schools that choose to participate.
Since charter schools are required to meet accountability expectations of other public schools, PACE has been made available to charter schools. The Seacoast Charter School is planning to use PACE next year.
PACE has been developed for schools that have begun to implement competency education and use performance assessments. Many Charter Schools have done this. The hope is that the PACE assessments will be a better fit for these schools as they will more closely predict school and student success.
REBUTTAL: In current NH law chartered public schools, like other public schools, must participate in the mandatory statewide assessment. Right now that is the Smarter Balanced Assessment. As NH transitions to PACE, that too, will be required in charter schools. Because PACE is an “integrated” assessment, it would fundamentally destroy the day-to-day independence and flexibility that are the hallmark of charters. Neither state law nor the US DOE waiver indicate any exceptions for charter schools.
The NH DOE’s website says,
“PACE is a first-in-the-nation accountability strategy that offers a reduced level of standardized testing together with locally developed common performance assessments. These assessments are designed to support deeper learning through competency education, and to be more integrated into students’ day-to-day work than current standardized tests. Meaningful assessment is a key part of a strategy to ensure students are getting the most out of their education.”
And in the US DOE’s waiver letter dated 3/5/15:
“ESEA sections 1111(b)(1)(B) and 1111(b)(3)(C)(i), which require the State educational agency (SEA) to use the same academic assessments and academic achievement standards, respectively, for all public school children in the State.”
Also PACE is rooted in College and Career Readiness Standards, just another name for Common Core. Refer to the NH DOE’s waiver application.
“Performance Assessment of Competency Education (PACE) New Hampshire is committed to raising the bar for all students by defining college and career readiness to encompass the knowledge, skills and work-study practices that students need for post-secondary success, including deeper learning skills such as critical thinking, problem-solving, persistence, communication, collaboration and learning to learn. Therefore, the state is piloting an accountability system with significantly greater levels of local design and agency to facilitate transformational change in performance. As part of this shift in orientation, the state is supporting a competency-based approach to instruction, learning and assessment contextualized within an internally-oriented approach to accountability to best support the goal of significant improvements in college and career readiness. The information learned through performance-based assessments would then be used to support accountability determinations and, hopefully, better inform school improvement (e.g., Hargreaves & Braun, 2013).” (page 45)
NH Statutes and The NH DOE’s Role in developing PACE:
Currently the NH State Board and the DOE are charged with adopting curriculum frameworks and developing state assessments for purposes of determining whether NH schools are providing the opportunity for an adequate education. PACE was developed to meet this same expectation with more direct involvement of local leaders and educators.
REBUTTAL: The duties of the state DOE and BOE are prescribed in state statute, and do not include creating unaccountable “regional liaisons,” or mandating any particular statewide assessment or set of standards.
21-N:1 Findings; Policy Statement. –
I. The general court finds that the students, parents, general citizenry, local school teachers and administrators, local governments, local school boards, school administrative units, and state government have a joint and shared responsibility for the quality of education delivered through the public education system in the state of New Hampshire.
II. In order to provide general guidance to the state department of education established by this chapter, the general court declares the following to be the policy of the state of New Hampshire:
(a) The department shall have the dual role of providing regulatory direction and instructional assistance to public elementary and secondary schools.
(b) The department shall be mindful of the need to balance these dual roles so that they are given equal consideration in planning department activities and expenditures and so that the consequences and implications of regulatory decisions are fully considered in light of the need to provide services to assist the local schools in complying with such regulatory direction.
(c) The paramount goal of the state shall be to provide an adequate education for all school-age children in the state, consistent with RSA 193-E.
(d) The department shall continually strive to develop creative and innovative methods to assist local schools to achieve the highest possible degree of effective educational programming and teaching techniques.
(e) In accordance with RSA 193-E, the department shall work to establish credible processes for measuring and rating schools.
21-N:11 Duties of Board. – The state board of education established by RSA 21-N:10 shall:
I. Regularly review all programs and activities of the department of education and make recommendations to the commissioner of education with regard to such programs and activities.
II. Advise the commissioner of education with regard to department goals, information gathering and any other aspect of elementary and secondary education within the state of New Hampshire.
III. Hear appeals and issue decisions, which shall be considered final decisions of the department of education for purposes of RSA 541, of any dispute between individuals and school systems or the department of education, except those disputes governed by the provisions of RSA 21-N:4, III.
IV. Appoint members of the professional standards board and other advisory bodies as provided by law.
V. Adopt rules as provided in 21-N:9
PACE does NOT require weekly assessments:
PACE assessments are done yearly, not weekly. Unlike traditional annual assessments, they can be made part of the classroom activity.
The PACE districts administer the Smarter Balanced Assessment once in elementary, once in middle, and once in high school. In addition, they administer classroom based performance tasks in the off years. There is no requirement or expectation in PACE for weekly assessments. Here is a table showing the annual assessments:
|
Grade |
ELA |
MATH |
SCIENCE |
|
K-2 |
Local PA |
Local PA |
Local PA |
|
3 |
Smarter Balance |
PACE |
Local PA |
|
4 |
PACE |
Smarter Balance |
PACE |
|
5 |
PACE |
PACE |
Local PBA |
|
6 |
PACE |
PACE |
Local PBA |
|
7 |
PACE |
PACE |
Local PBA |
|
8 |
Smarter Balance |
Smarter Balance |
PACE |
|
9 |
PACE |
PACE |
PACE |
|
10 |
PACE |
PACE |
PACE |
|
11 |
Smarter Balance |
Smarter Balance |
PACE |
|
12 |
Local PA |
Local PA |
Local PA |
Table 1. General assessment requirements for the PACE pilot accountability system. The only state expectations are the Smarter Balanced assessments in grade spans and the Common PACE Performance based Assessments. Local performance based assessments are entirely at the local district’s discretion.
REBUTTAL: According to the NH DOE’s website, PACE is an integrated program. Instead of being administered once annually, like the Smarter Balanced Assessment, it is part of the on-going classroom experience integrated into the day-to-day operations of the school.
“PACE is a first-in-the-nation accountability strategy that offers a reduced level of standardized testing together with locally developed common performance assessments. These assessments are designed to support deeper learning through competency education, and to be more integrated into students’ day-to-day work than current standardized tests. Meaningful assessment is a key part of a strategy to ensure students are getting the most out of their education.”
The letter from the US DOE dated 3/5/15 specifies that NH must use PACE on a statewide level.
“The four LEAs will administer the NHDOE State assessments in reading/language arts and mathematics once each in elementary, middle, and high school and will administer PACE in every grade (K-12). NHDOE may increase the number of pilot LEAs to eight in year 2 of the pilot, subject to the relevant conditions below.”
“Finally, this waiver is also granted based on the NH DOE’s intent to move to a single Statewide system in which all LEAs are administering the same assessment system to all students in each grade, within a timeframe identified by NHDOE and approved by ED. If the transitional pilot proves impracticable to continue or expand (or ED determines it must withdraw approval of the waiver), NHDOE will require the pilot LEAs to administer the Statewide assessments to all students.”
Also the state DOE flexibility waiver states they intend to implement PACE statewide.
“We describe below key aspects of PACE implementation to provide an understanding of how NH DOE will eventually scale-up this pilot to all NH school districts.” (page 46)
According to parents in the PACE pilot districts (the parent’s last name is removed to protect her identity), the experimental program includes weekly assessments which means approximately 30 tests every academic year in K-12, not just grades 3-8 and 11. Students are given multiple opportunities to retake the assessments until they pass while proficient students do “busy work.” . The following Facebook post was made on March 23, 2015 by a parent in one of the districts currently piloting PACE. This is consistent with what other PACE district parents are sharing about their children’s experiences.
Due to the integrated nature of the PACE program, parents will not have the ability to refuse these assessments. This is not less testing; it is more.
Federal funding and PACE:
The federal department of education has approved the two year pilot in four districts the first year and eight the second year, with the understanding that other districts will continue to administer Smarter Balanced. No federal funds are in jeopardy. One of the US Department’s questions was whether the NH DOE intends to implement state-wide. The answer is yes, over many years, as a voluntary program that districts can choose to participate in. The new model is based on local determination and leadership. It can’t be done as a mandate from the state level.
REBUTTAL: The above statement says that “no federal funds are in jeopardy” and that conversion to PACE is optional. But why should any of it be written into state statute if it is voluntary? The requirement to administer a statewide assessment (though not specified) is already in NH law.
Participation in PACE is optional while in the pilot phase, but as NH transitions to a single statewide assessment, it must be administered in every public school, including charters.
If PACE is optional, why are they pushing so hard to implement it? Let the Smarter Balanced assessments or another statewide assessment be used that allows for a parental refusal.
We’ve had a total disconnect whether College and Career Readiness Standards, aka Common Core, are optional. The House and Senate passed SB 101, a bill that would clarify that Common Core is optional at the district level. The Governor just voted it, saying that it is not needed.
However, the state DOE told districts, like Manchester, that without adopting Common Core, they risked federal funds. In a Union Leader article dated 1/12/15, state DOE Commissioner, Dr. Virginia Barry indicated that if Manchester refused to use the statewide assessment, it “could imperil millions in federal funding for the district and the state as a whole.”
The NH DOE is not consistent with its direction regarding use of College and Career Readiness Standards, the administration of a statewide assessment, or the impact on federal funding.
Why is SAT in HB 323:
The NH DOE included the SAT in the recent submission of a Waiver to take the place of Smarter Balanced as the high school assessment. HB 323 explicitly allows for this inclusion.
REBUTTAL: Districts may already use the SAT exam if they wish in place of the current statewide assessment; the change to state statue is not needed. In fact, nearly all school districts are currently using the Smarter Balanced Assessments although those are not specified in NH statute (RSA 193-C); the specific assessment does not need to be enshrined in law. Also, the state DOE’s waiver application itself — expected to be approved this summer — allows schools to give the SAT to high school juniors to fulfill the statewide assessment requirement. Refer to pages 16 and 42.
It is clear that the NH DOE is inconsistent with its information. Please ask the senators to ITL HB 323 and send a message to education administration. Let the teachers teach, the children learn. Lead, follow, or get out of the way.
Senators usually meet with the other members of their party on Wednesday afternoons, so they should be contacted before Wednesday morning for maximum impact. Brief phone calls and emails are effective, especially if the message is personalized.
Please join us outside the senate chamber just prior to their vote on Thursday, May 14th starting at 9:15am. Signs may be held in the hallway, but not brought into the gallery.
To find your NH senator, and his or her contact information, refer to the senate’s roster page, or you can email all of them at senators@leg.state.nh.us. Talk to two or three friends about this issue and ask them to do the same! Focus on senators with asterisks.
For more information, read HB 323, the Most Important Education Bill of the Year and Press Conference on HB 323, the NCLB Waiver Bill.
Jeff Woodburn — District 1, Dalton
Jeff.Woodburn@leg.state.nh.us
(603)271-3207
* Jeanie Forrester — District 2, Meredith
jeanie.forrester@leg.state.nh.us
(603)271-4980
** Jeb Bradley — District 3, Wolfeboro
jeb.bradley@leg.state.nh.us
(603)271-2106
David Watters — District 4, Dover
david.watters@leg.state.nh.us
(603)271-8631
David Pierce — District 5, Lebanon
david.pierce@leg.state.nh.us
(603)271-3067
Sam Cataldo — District 6, Farmington
sam.cataldo@leg.state.nh.us
(603)271-4063
Andrew Hosmer — District 7, Laconia
andrew.hosmer@leg.state.nh.us
(603)271-8631
* Gerald Little — District 8, Weare
Jerry.Little@leg.state.nh.us
(603)271-4151
Andy Sanborn — District 9, Bedford
andy.sanborn@leg.state.nh.us
(603)271-2609
Molly Kelly — District 10, Keene
molly.kelly@leg.state.nh.us
(603)271-3207
Gary Daniels — District 11, Milford
Gary.Daniels@leg.state.nh.us
(603)271-2609
Kevin Avard — District 12, Nashua
Kevin.Avard@.leg.state.nh.us
(603)271-4151
Bette Lasky — District 13, Nashua
bette.lasky@leg.state.nh.us
(603)271-3091
** Sharon Carson — District 14, Londonderry
sharon.carson@leg.state.nh.us
(603)271-1403
Dan Feltes — District 15, Concord
Dan.Feltes@leg.state.nh.us
(603)271-3067
* David Boutin — District 16, Hooksett/Manchester
dboutin1465@comcast.net
(603)271-3092
* John Reagan — District 17, Deerfield
john.reagan111@gmail.com
(603)271-4063
Donna Soucy — District 18, Manchester
donna.soucy@leg.state.nh.us
(603)271-3207
Regina Birdsell — District 19, Hampstead/Windham/Derry
Regina.Birdsell@leg.state.nh.us
(603)271-4151
Lou D’Allesandro — District 20, Manchester
dalas@leg.state.nh.us
(603)271-2117
Martha Fuller Clark — District 21, Portsmouth
martha.fullerclark@leg.state.nh.us
(603)271-3076
** Chuck Morse — District 22, Salem
chuck.morse@leg.state.nh.us
(603)271-8472
** Russell Prescott — District 23, Kingston
represcott@represcott.com
(603)271-3074
* Nancy Stiles — District 24, Hampton
nancy.stiles@leg.state.nh.us
(603)271-3093
