BASA AdminiScope, May 2020

COVID-19 Impact on Statewide Testing and Measuring Student Growth

What are the changes to Title IX? Hollie F. Reedy, Ennis Britton Co., LPA

Overview Policymakers and State Departments of Education are currently facing historic and unprecedented times. With the decision to suspend statewide testing in many states, policymakers and state education leaders are weigh- ing the best options for students and educators. States have received waivers from ESSA accountability in 2020 due to the suspension of summative assessments. Student growth measures will not be possible in many states in 2020. In some cases, growth measures for 2020 could be based on any assessments that were administered or assessments administered at the beginning of the next school year, and these growth measures could provide educators with valuable information even if they are not used in formal accountability systems. In most cases growth measures could be available in 2021 to support renewed accountability systems and school quality re - porting. Acting Now to Address Student Needs Later State agencies may consider the following actions now to allow for insights and actionable data to support educators in addressing students’ needs later: • Capture data to understand the impact of school closures and changes in testing. This data could include information about: • School closings, including dates closed and dates reopened. • Student attendance throughout the 2019-20 school year, including data about participation in online or virtual learning. • What distance learning options were available and used in each dis- trict and school. • Access that individual students had to distance learning options, internet/broadband access, and devices. • Explore options for generating data to support insights about students’ academic performance and instructional needs. Options might include: • Student-level projections to future assessments based on available prior achievement data. • Moving the suspended end-of-year summative assessment to the beginning of the 2020-21 academic year. • Fall end-of-course exams. • Formative assessments or diagnostic information used throughout the academic year, including those that could provide information about student achievement following the period of virtual learning. • College readiness exams. Measuring Student Growth • In addition to collecting data about instruction during the assessment disruption and putting steps in place to gauge students’ needs following the disruption, states can assess their options for measuring student growth during the 2019-20 and 2020-21 academic years. As noted above, SAS has experience partner - ing with states to account for unexpected changes in the availability of assessment data. Based on this experience, states may consider the following steps: • Calculate growth measures for the 2019-20 school year using available data from assessments admini- stered at or near the beginning of the 2020-21 school year. • Simulate student growth models using available prior year data to support business rules and modeling decisions for reporting based on the 2020-21 school year. • Calculate two-year growth measures if only the assessment data from the 2018-19 and 2020-21 school years is available. Policy considerations for measuring growth based on the 2019-20 and/or 2020-21 school years may include: • Explore policies that may treat available growth measures differently in educator, school, and district ac - countability systems. • Consider any changes to public reporting and how it is presented. Conclusion This is an unprecedented time for educational leaders and policymakers. SAS’ experience with various assess - ment changes, school closures, and other unique outliers allows us to bring experience to the table as states plan for their immediate needs as well as for their renewed accountability systems and school quality reporting in the coming year. As states grapple with these important considerations, SAS is willing and able to help provide services, to serve as a thought partner, and to support education agencies as an analytic provider.

Instead of asking for flexibility in administering IDEA laws and regulations, U.S. Department of Education Secretary Betsy DeVos issued new Title IX final regulations, which schools will need to adjust to and follow when they become effective on August 14, 2020. Because the new regulations went through a public notice and comment period, they are the USDOE’s official interpretation of the law and are not recommendations, best practices, or guidance as has been issued in the past. Some of that previous guidance has been altered as a result of these regulations. This is a concise summary of some of the regulatory changes applicable to K-12. Space constraints make a full discussion of the more than 2,000 pages of the regulations impossible. Generally, the changes center around: 1.) promptly responding to complaints (formal or not),

2.) offering supportive measures (which cannot include sanctions against someone accused of sexual harassment until a grievance process determines responsibility), 3.) following a fair grievance process, and 4.) providing remedies to victims of sexual harassment.

Grievance process: Districts must publish an updated grievance process that will be followed when a formal complaint of sex harassment is made that does not treat the complainant or the person accused (called the respondent) in any way that may itself be sexual harassment. The grievance process in response to a formal complaint must include offering supportive measures designed to restore or preserve a complainant’s equal education access witbout treating a respondent as responsible until the grievance process concludes. Emergency removal : A respondent accused of sexual harassment may be removed from school (with or without a grievance hearing) if a safety and risk assessment is conducted that finds that the person is an im - mediate threat to any individual’s health and safety. The removed student must be notified and may appeal the removal decision. Notice of policy and contact information of Title IX coordinator: Districts no longer are required to give notice of their Title IX policy in newspapers/magazines- instead, they must post the Title IX policy “prominently” on its website. The name, office address, phone number and email of the Title IX Coordinator must be on the website, and reports may be made in person, by mail, by email or by phone. This notice must include that reports may be made at any time (including non-business hours) by phone, email or regular mail. Title IX Coordinator training: Training for the Title IX coordinator must include training on impartiality and lack of bias. “Actual knowledge” of sexual harassment: The change here is that when any school employee has notice of sexual harassment (not just the Title IX Coordinator), it must respond promptly. This means a student could make a report to a cafeteria employee, a bus driver, a teacher, a secretary or any other school employee, and the district’s obligation to respond promptly is initiated. This includes contacting the complainant to discuss supportive measures, how to file a formal complaint, and explain that supportive measures may be taken with or without a formal complaint. Check with your policy provider for updates to your Title IX policy and ensure your Title IX coordinator attends professional development on the new regulations.

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