CALIFORNIA DEPARTMENT OF EDUCATION CALIFORNIA STATE BOARD OF EDUCATION TOM TORLAKSON, State Superintendent of Public Instruction 916-319-0800 1430 N Street Sacramento, CA 95814-5901 MICHAEL W. KIRST, President 916-319-0827 June 2, 2016 John B. King, Jr., Secretary Office of Elementary and Secondary Education U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202 Dear Secretary King: California continues its development of a new, landmark statewide assessment system aligned with college- and career-ready standards. In September 2013, the California State Board of Education (SBE) adopted the California Next Generation Science Standards (CA NGSS), as required by California Education Code (EC) Section 60605.85. The CA NGSS have the potential to revolutionize science education in California, as well as the rest of the nation, because they require a different way of thinking about teaching and learning science. What differentiates the CA NGSS from the 1998 California Science Content Standards is the way in which they weave together three dimensions—“disciplinary core ideas,” “science and engineering practices,” and “crosscutting concepts”—into performance expectations across four scientific disciplines (life sciences, earth and space sciences, physical sciences, and engineering design) and provide practical applications of science. In the 2013–14 school year, California received a waiver from the U.S. Department of Education (ED) to field test 100 percent of eligible general education students in English language arts/literacy (ELA) and mathematics using assessments aligned with collegeand career-ready standards developed by the Smarter Balanced Assessment Consortium in lieu of the existing state assessments in grades three through eight and grade eleven. As a result, California field tested more than 3.2 million students. Schools reported that this opportunity for students and teachers to experience computer-based testing for the first time was extremely valuable in developing their readiness for this different testing mode prior to the first operational tests. A similar waiver request for the 2014–15 test administration of the California Alternate Assessments (CAAs) for ELA and mathematics was granted by the ED at the end of 2014 for students with significant cognitive disabilities. John B. King, Jr., Secretary June 2, 2016 Page 2 In March 2016, the SBE adopted a high-level test design plan for the development of the CA NGSS summative assessments, as required by the Every Student Succeeds Act (ESSA) and EC Section 60640(b)(2)(B). The CDE has developed a transition plan for these assessments that involves the elimination of double testing of students on former science standards to focus time and attention on the new CA NGSS. It also sends a clear message to California educators that this as a priority for school districts as the state continues its work on item and test design development and alignment of new assessments with the current science standards. In the 2016–17 and 2017–18 school years, California will develop and implement new, computer-based general and alternate assessments for science that are aligned with and linked to the CA NGSS. This will be done with the intent of conducting full-census pilot testing of all eligible students. This plan is in the best interest of our students, teachers, and schools and is consistent with the successful implementation of Smarter Balanced Summative Assessments and CAAs for ELA and mathematics for all students statewide. California is requesting a waiver, under requests for academic assessments and accountability (Section 8401 of ESSA), for states that participate in full-census pilot testing and field testing of new state assessments during the 2016–17 and 2017–18 school years. It is important to support states as they make the transition to new assessments aligned with the state-adopted science standards. Specifically, it is important to avoid the double testing of students while new assessments are being piloted, field tested, and evaluated with regard to their validity, reliability, and fairness. Additionally, this approach will provide a signal to California educators to transition their instruction from the previous science content standards to the new CA NGSS in an effort to support student success on future CA NGSS summative assessments and to improve teaching and learning. Furthermore, California is requesting a waiver, under Section 1204(j)(3) of the ESSA, of the requirements in Title I, Part A, as listed below. This waiver will allow California to improve how our state, districts, and schools effectively serve students with significant cognitive disabilities and allow us to properly pilot and field test new alternate assessments without creating an unduly burdensome double testing situation in grades five and eight and in high school for eligible students. This letter serves as our request for such a waiver under Section 1204(j)(3) of the ESSA. California’s plan for CA NGSS test development will: Meet the needs of schools and districts to gain exposure to the CA NGSS general and the alternate assessments for science. Meet the federally required 95 percent participation rate for the state in grades five and eight and in high school. John B. King, Jr., Secretary June 2, 2016 Page 3 Provide a model of high-quality test items for CA NGSS general and alternate assessments for science. Provide valuable feedback for the CA NGSS general and alternate assessments for science in terms of item types and functionality. California’s timeline: Year 2016–17 2017–18 2018–19 2019–20 CA NGSS General Assessment Pilot test Field test Operational test Operational test CA NGSS Alternate Assessment Pilot test Pilot test Field test Operational test In the 2016–17 school year, California will pilot the new CA NGSS general assessment in grades five and eight and high school. The pilot testing for the alternate assessment for science will occur in the 2016–17 and the 2017–18 school years in elementary, middle, and high school. The additional pilot test year for the alternate assessment is necessary to ensure a valid, reliable, and fair measure of the complex three-dimensional CA NGSS for students with significant cognitive disabilities. This process is in the best interest of our students, teachers, and schools as we transition to a system of assessments that will provide us with more and better information about how we can continue to increase the quality of education provided to all our students and help boost student achievement. California respectfully requests that all eligible students who take the pilot test and field test of the CA NGSS general and alternate assessments for science be waived from taking the California Standards Tests and the California Alternate Performance Assessment for science to avoid double testing and minimize unnecessary, irrelevant testing of our students. ESSA Section 1204(e)(2)(A) requires a state educational agency (SEA) to apply the same academic achievement standards, and to use the same academic assessments, for all public schoolchildren in the state. California requests this waiver so that any eligible student within California will be permitted to take only the CA NGSS pilots. A waiver of this requirement will allow California to pilot test new assessment items in a large number and variety of schools to ensure validity, reliability, and fairness without overloading students and taking excessive time away from academic instruction. Such a pilot test is essential in developing new assessments, as it allows both the state and the test developer to ensure that the assessment items represent an accurate measurement of student achievement. ESSA sections 1111(b)(1)(E), 1111(b)(2)(D), and 1204(e)(2)(B)(vii) require an SEA to apply the same academic achievement standards and to use the same John B. King, Jr., Secretary June 2, 2016 Page 4 academic assessments for all schools and students in the state. California requests this waiver so that any individual student with significant cognitive disabilities who is currently required, per his or her individualized education program or Section 504 plan, in elementary, middle, or high school be permitted to take only the alternate assessment for science pilot, field, or operational test, with no less than 95 percent of students participating. California hereby assures that if it is granted the requested waiver: California and its local educational agencies (LEAs) will ensure that a minimum number of students will participate in the CA NGSS general and alternate assessments pilot and field tests. California will properly notify all LEAs and schools of their participation in the pilot and field tests. The field test for the CA NGSS alternate assessment for science will be administered in 2018–19. California provided all LEAs in the state and the public with notice and an opportunity to comment on the proposed waiver. California provided such notice by posting a public item on the May 2016 Agenda for the SBE 10 days before the item was presented to the SBE. (Refer to Item 08 on the SBE Agenda for May 2016 on the CDE SBE Current and Past Agendas Web page at http://www.cde.ca.gov/be/ag/ag/index.asp.) We have enclosed copies of the 10 letters and a table of the seven public comments California received regarding this issue. If you have any questions regarding this request, please contact Keric Ashley, Deputy Superintendent of the District, School, and Innovation Branch, by phone at 916-319-0637 or by e-mail at kashley@cde.ca.gov. Thank you for your consideration. Sincerely, Tom Torlakson State Superintendent of Public Instruction California Department of Education TT/MK:fl Enclosure Michael W. Kirst President California State Board of Education