UNITED STATES DEPARTMENT or EDUCATION

OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

 

DEC 13 2015

The Honorable Michael W. Kirst
President

California State Board of Education
1430 Street, Suite 51 11
Sacramento, CA 95814

The Honorable Torn Torlakson
Superintendent of Public Instruction
California Department of Education
1430 Street

Sacramento, CA 95814

Dear President Kirst and Superintendent Torlakson:

I am writing in response to the California Department of Education?s (CDE) updated request, dated
November 29, 2016, for a waiver under section 8401 of the Elementary and Secondary Education Act of
1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA), to implement its transition plan
for administering new general and alternate science assessments aligned to the California Next
Generation Science Standards (CA NGSS).

As I noted in my response on September 30, 2016, the US. Department of Education (the Department)
appreciates interest in ensuring that its science assessments are a tool for learning and do not take
unnecessary time away from valuable instruction. However, the updated request does not change 
transition plan from its original waiver request, which includes piloting the new general science
assessments in school year (SY) 2016?201 7 with all students in ?fth and eighth grades and high school,
conducting a census ?eld test with all students in those grades in SY 20174018, and conducting a full
operational test in SY 2018?2019. With respect to alternate science assessments aligned with alternate
academic achievement standards for students with the most signi?cant cognitive disabilities, CDE
continues to propose to conduct a pilot test on eligible students in those grades in SYs 2016?2017 and
2017?2018, conduct a census ?eld test in SY 2018?2019, and administer a full operational alternate in
SY 2019?2020. preposed pilot tests would not measure the full depth and breadth of the State?s
academic content standards in science, as each student would receive only a sample of assessment items
during the pilot phase, and both the proposed pilot and ?eld tests would not be aligned to the relevant
academic achievement standards, as such achievement standards would not have been established.
Further, during the years in which it administers the pilot and ?eld tests, CDE continues to propose to
not administer its current science assessments (either the general or alternate assessments) and,
consequently, will not report individual student or school-level data to parents, educators, or the public.

Thus, if CDE moved forward with its proposal absent a waiver, CDE would be out of compliance with a
number of requirements of the ESEA, as amended by the No Child Left Behind Act of 2001 (NCLB),
for SY 2016?2017 and the ESEA, as amended by the ESSA, for SYs 2017?2018 and 2018?2019.
Speci?cally, NCLB sections and 1111(b)(3)(C)(ii) and require a State to establish
student academic achievement standards and implement high-quality, yearly student academic

assessments in science that are aligned with those standards to measure student achievement and to
inform instruction. The same requirements are found in ESSA sections 1111(b)(l)(A) and
1111(b)(2)(B)(ii) and Further, NCLB sections 1111(b)(3)(C)(xii) and (xv) and 1111(h)(l)(C)(i)
and require a State to provide individual student reports to parents, teachers, and principals and to
include the results of science assessments on State and local report cards. These same requirements are
continued in the ESSA (sections 1111(b)(2)(B)(x) and (xii) and 1111(h)(1)(C)(ii) and In
addition, consistent with ESSA section 1111(b)(2)(D) and section 612(a)(16)(C) of the Individuals with
Disabilities Education Act (IDEA), if a State has adopted alternate academic achievement standards for
students with the most signi?cant cognitive disabilities, as California has done, the State must conduct
alternate assessments aligned with those standards for each subject, including science.

As you know, section 8401(b)(1) of the ESSA requires that any waiver will advance student
achievement and maintain or improve transparency in reporting to parents and the public on student
achievement and school performance, including the achievement of subgroups of students. I received
your additional rationale but remain concerned that the waiver request, if approved, would not meet
these requirements during the affected school years. The lack of an operational assessment measuring
student achievement for all students against the full depth and breadth of the State?s academic content
and achievement standards in science for two to three school years, as proposed, would mean that CDE
would also lack valid and reliable data about student achievement in science during SYs 2016?2017
through 2018?2019. Thus, CDE would not be able to determine whether student achievement in science
is improving, or be able to maintain, or enhance, the level of tranSparency in reporting to parents and the
public on student achievement in science for the duration of the waiver.

Consequently, I am declining to approve updated waiver request because the request still does
not meet the requirements for a waiver under ESSA section 8401. Speci?cally, under the plan outlined,
CDE will not administer an Operational general science assessment in either SYs 2016?2017 or
2017-2018 or an operational alternate science assessment in SYs 2016-2017, 2017?2018, or
2018*2019. Therefore, CDE will have no achievement data in science to report to educators, parents or
the public for several years. Finally, CDE would administer an Operational general science test by SY
2018?2019 but would not administer an operational alternate assessment until SY 2019?2020, in
violation of both the ESEA and IDEA.

The requirement to have an annual, hi gh-quality assessment in science is important to (1) ensure that the
public, including districts, schools, parents and educators have suf?cient information on student
academic achievement to help every student graduate college- and career-ready; (2) ensure that State
and local leaders have information to evaluate the success of schools and ensure that additional
resources and supports are directed to the schools and students most in need of support; and (3) protect
equity by ensuring all students are held to the same challenging academic standards.

As I mentioned in my letter on September 30, 2016, the Department recognizes that transitioning to new
assessments is challenging; however, CDE has multiple options for how it can support the development
of new assessments and the transition to those assessments while still meeting the requirement to assess
all students and provide useful information to parents, educators, and the public and not taking away too
much valuable instructional time. These could include, for example, embedding items on the current
State test, conducting a small-scale, stand-alone pilot of the new science items, or combining these
options in tandem with other options such as conducting cognitive labs to collect data on new items or
item types.

Pursuant to ESEA section CDE may request a hearing before me to present argument
and any testimony in support of its waiver request. Speci?cally, if CDE requests a hearing, it may
submit written argument, present oral testimony from one or more witnesses in Washington, DC. or Via
teleconference, or both. By statute, we must conduct this hearing Within 30 days after the date of your
resubmission?i.e., by December 29, 2016. Therefore, please let me know by December 20, 2016,
whether you intend to present oral testimony. Otherwise, CDE, if it so chooses, may submit written
argument to me by December 29, 2016.

If you need additional information or clarification on ESEA implications, please do not hesitate to
contact Stephanie Washington of my staff at: OSS.Califomia@ed.gov. For additional information
related to IDEA, please direct any inquiries to Susan Murray in the Of?ce of Special Education
Programs at: Susan.Murray@ed.gov.

 

Sincerely,

sham

Ann Whalen

Senior Advisor to the Secretary

Delegated the Duties of Assistant Secretary for
Elementary and Secondary Education

cc: Keric Ashley, Deputy Superintendent
Kristin Wright, Director of Special Education Division