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A Request to Make the Pearson Tests Public

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May 11, 2012, 5:44 p.m.

I am the parent of an elementary school student in New York City, and even though my son is only in first grade and not yet taking statewide tests, the impact of the city and state’s testing policies are felt in his classroom.

At my son’s school, test prep began in kindergarten and has ratcheted up a notch or two in first grade, clearly shaping the work the children do. This has come at the cost of the more exploratory and play-centered sorts of things that I did in my early school years, and that concerns me.

The debates surrounding high-stakes testing also capture my attention because of my career history: I started out in educational publishing and moved on to public administration, spending much of the last 20 years on performance metrics, accountability and contracting.

So as word began to leak out about pineapple-gate and the other testing gaffes, I started poring over news accounts, editorials and public commentary from educators.

I learned that the tests themselves are being kept secret because the state Department of Education and Pearson, their test development contractor, wrote strong confidentiality provisions into the contract. My understanding is that this was so that they both could reuse test
questions in the future. In order for the questions to be reusable, they have to be kept secret, otherwise students could prep too easily for the tests, and Pearson’s other customers would be able to get the tests from the public domain.

We only know about the gaffes because students exposed them. Educators have been sworn to secrecy. The Education Department has emphasized their concerns about test prep, but to me the secrecy seems rooted in economics: Secrecy saves New York on future test development costs and makes it easier for Pearson to re-sell the questions it created for New York (at New York taxpayers’ expense) in other states.

Two things strike me as odd about this. First, it’s uncommon to keep tests completely secret after the fact of their administration. Letting people see the test is a basic part of education.

The purpose of testing is to measure how well a student knows subject matter and to identify what areas need work. If the only thing one knows about a child’s performance on a test is his grade, and one can’t review the actual test, the test is pedagogically useless and can only serve a punitive purpose.

If the broader community of parents, educators and researchers can’t see tests, then we have no way of judging the connection between them and curricula or how to help our children.

When the only information that emerges about the tests is anecdotes about bad questions, we lose all confidence in their educational value and senior education officials’ assurances that the errors are inconsequential.

Second, from a public procurement standpoint, it’s unusual for a New York State agency to buy content that is restricted in terms of who can see it. While the Education Department says differently, from my perspective, secrecy promotes the advantages that wealthy parents have in test preparation.

If the tests are secret, test prep companies can claim special abilities to suss out test content, which they use to justify their high fees and freeze out the poor. On the other hand, if tests are released (after a reasonable interval to allay cheating concerns), then the information is available to everybody for free and the rich no longer have this advantage.

While many contracts do have confidentiality and copyright language, the default position on intellectual property in New York State procurements is that the state either owns the content outright or licenses it with as few limitations as possible.

Content developed for the state with the state’s money should belong to the state, and should be available to the public unless there is a compelling public purpose for keeping it from public view.

This principle is best expressed by New York’s Freedom of Information Law, commonly referred to as FOIL, which states:

“The people’s right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality.”

With all this in mind, on May 3 I submitted a FOIL request to the New York State Education Department for copies of the exams and answer keys used in grades three through eight. I received acknowledgement of the request on May 7, but have not yet heard back about whether the request will be granted.

My hope in writing this article is that other people (and perhaps also, news organizations like The New York Times) will also file Freedom of Information requests, and that Pearson and the state will recognize the public demand for transparency in testing and reverse their positions on test secrecy.

John Albin has been the director of purchasing and contracts at Hunter College of the City University of New York since 2009. Before that he served as assistant commissioner for performance management and accountability in the New York City Department of Transportation. He entered city government following an earlier career as an editor and writer of elementary school math and reading textbooks.

17 Comments

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Jeff Nichols May 11, 2012, 11:50 PM

Thank you for taking this step. As parents who did not permit our third-grader to take this spring's mandated standardized tests, one of several reasons we took what to us seems like a common-sense step (protecting our child from poor educational practices) is what you describe here: a bizarre and inappropriate level of secrecy surrounding these tests.

My wife and I reject on principle the idea that any elementary school exercise or activity should be excluded from our observation. Our eight-year-old son is not yet able to make decisions for himself. We entrust him to caretakers we have faith in, like his teachers. But in doing so we reserve the right to complete knowledge of what goes on when we are not present; otherwise how could we be considered to be fulfilling our duties as his parents? Given the extremely low quality of the practice test materials he brought home all year and the scandals erupting around Pearson's shoddy oversight of the actual high-stakes tests administered in schools, we have no faith in the educational value of state-mandated standardized tests, and in any case all parents have an absolute right to see any schoolwork their children are required to perform, especially exercises that are presented as the most important academic exercise of the year.

After all these tests are not garden-variety classroom exercises but are being used to decide grade promotion and matters as serious as whether teachers will keep their jobs or schools be kept open. How ironic that Chancellor Walcott pays lip service every chance he gets to "parent choice" but has not said a word about allowing us access to this vital information.

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David Freeland May 12, 2012, 12:13 PM

Here in Florida, we are not allowed to look at the test even as proctors. We risk our license if we peek. We have little idea what is on the test or if the questions are valid.

There is some concern that Pearson manipulates the questions to get certain scores - for example to show that states need to buy their remediation and textbook products because scores are low for a few years. But we have no way of knowing.

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Patty Matthews May 14, 2012, 12:55 AM

As a NJ teacher and administrator of the test, we are not allowed to look at the test.

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Ann Cat May 11, 2012, 11:36 PM

Thank you so much for doing this! When I was informed of the gag order I immediately smelled a rat. I knew instinctively that it had EVERYTHING to do with economics and nothing to do with children. How dare educators not be afforded the ability to debrief with their students??? How can educators truly assess their own weaknesses if they are not allowed to see the specifics of their weaknesses? An educator can see a general breakdown of how students scored on a specific question number, but he is not allowed to view the actual question. The educator therefore cannot truly reflect and grow. The students are not allowed to discuss with their teachers specific concerns/questions about exam items...even after makeups are completed. So, anyone with a brain knows that NYSED isn't about improving student achievement and creating teacher accountability....it's about crucifying teachers, herding sheep, and money, money, money.

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Michele Hamilton May 12, 2012, 10:57 AM

I sincerely hope The New York Times, and all the other news organizations that published Teacher Data Reports based on these faulty tests, file Freedom of Information requests to make these tests public. I would also hope that parents would realize they have a right to know what their children have been subjected to in the name of accountability.

Good point about test prep companies having an advantage. We have a new test prep center in our neighborhood that advertised prepping for the 4th grade ELA and math test. Of course, this is only for those children whose parents who can afford it. I don't see how this will close the achievement gap.

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Molly Sackler May 12, 2012, 2:26 PM

Indeed. Wouldn't it be refreshing if the New York Times and other news organizations were as enthusiastic about releasing information on Pearson and the tests as they have been about publishing teachers' "scores."

And how revealing that it's a concerned parent -- not an investigative journalist -- filing a Freedom of Information request!

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Ann Cat May 11, 2012, 11:43 PM

Sorry if this is a duplicate post. Thank you for your FOIL. Maybe the NYT can really blow the lid off of this thing. Every single educator smelled a rat when informed of the gag order. Everything NYSED is doing is about economics. It has nothing to do with accountability and increased standards. Follow the money, NYT, and inform the taxpayers about what is really going on.

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Tom Griffith May 12, 2012, 12:17 AM

It has ALWAYS been the case that the students did not learn did-a-ly squat from taking the tests themselves. They never found out how exactly they did on the horrid things - - they only knew if they earned a 1-2-3-4, or a scale score (whatever that is - - they change year to year in terms of where the bar is set). So, in terms of the students learning, the tests are useless. However, NYSED did used to have the decency to publish past tests so that at the very least teachers and students could look them over and get a sense of what might be coming. Not now though! Too much gaming! It is all so dumb. So very dumb. It is as if they are frightened that their dirty underwear will be seen so they cover up. Sheesh.

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Sarah Johnson May 12, 2012, 3:08 PM

The test scores are used to evaluate teachers, for merit pay, to punish schools, even to close schools, and to place students in honors, regular or intervention classes. With such high stakes, these tests must be made public. Of course, the better route is to get rid of the high stakes and only use standardized tests for the purpose they were created. My family continues to opt out as this system is so very flawed and policy makers refuse to listen to parents and teachers.

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Edith Baltazar May 12, 2012, 5:37 PM

Instructions on how to send a FOIL request to the state education department: http://www.oms.nysed.gov/foil...

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Diane Hanfmann May 13, 2012, 12:47 AM

This effort failed previously in Florida. A Facebook group has begun Let Parents Access Their Child's Corrected FCAT to try anew. Willing to share info if interested in collaboration. Thanks!

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Marianthy Karantzes May 14, 2012, 4:30 AM

I am interested! This "business" that NYS has undertaken in educating our children is horrible!It serves no purpose to spend an entire school year "teaching to the test", especially when we are not allowed to see where our children have weaknesses!

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Janine Sopp May 12, 2012, 5:05 AM

The same way I would not allow a doctor to administer medication without my permission, I would not allow the DoE and a testing company to administer a test I know not what it contains. As a responsible parent, it only makes sense to me to have full disclosure as to what is contained on these tests. As a responsible citizen, it is my right to have access to what my tax dollars are paying for. It is all our right to understand what is being done with our children, who end up shouldering the burden of what policy makers are intent on. I can see it no other way.

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Kent Atkinson May 12, 2012, 2:23 PM

The overarching point here is that what is not being examined is the thus far absolute, unshakable conviction that standardized exams are reliable,valid,objective determiners of...anything. If people had an elementary understanding of statistics and psychometrics,they would realize just what a foolhardy proposition that reliance on these tests is,as they are exceedingly simple to "game" or manipulate for fun and profit. (Primarily the latter, of course!))

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David Freeland May 12, 2012, 3:22 PM

There is a growing group of mathematicians who view the use of standardized test and Value Added Models as mathematical bullying, and are trying to mount opposition.

It is an inappropriate use of statistics and math modeling.

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Steve Zimmerman May 12, 2012, 4:34 PM

Well said, David. It is bullying under the guise of data-driven decision making. One can only hope that this pendulum has swung far enough in this obsessive direction.http://ownf.org/2012/02/29/the-scarlet-t-2/

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Alex Stimmel May 14, 2012, 1:25 AM

Thank you to all concerned parents & educators for taking these steps. As a NYC teacher, I'm wondering if anyone can educate *me* as to where it says that teachers cannot share test content, questions, or answers. . . I personally have never been asked to sign a confidentiality agreement or received anything officially stating that this is the case. Considering that NYC teachers don't even have a contract right now, & Pearson is a new testing entity in the state, this is clearly not written into our contract. Thanks to anyone for clarification.

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Janine Sopp May 15, 2012, 4:52 AM

I spoke with a former chapter leader-friend who shared this: Confidentiality requirements are usually in the proctoring directions. These things are pretty serious - I have a letter in my file for a false accusation that I might have broken the shrinkwrap on a copy of an AP exam - you could even conceivably get fired for it. Smart principals think there is something to this gag rule, so the teacher should be very careful...He recommends you read the proctoring directions carefully and talk to his UFT rep. You can also email gemnyc@gmail.com if you want to learn more.

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Bryan Miccio May 12, 2012, 7:16 PM

State testing shouldn't even exist.. all the tests are garbage and most of them arn't even towards real life. The way teachers teach is only for a text and its garbage.. people all don't learn by taking tests and the way they are being taught arn't even getting to their brains.. The testing is a waste of money and doesn't do anything to help education. I think its dumbing children instead of helping them. And yeah they should show the results of the tests and what they got wrong. IF we are paying to make the test WE own the test.. another thing education has to get rid of the tenure bs. Unions are garbage.. they want too much. Unions for certain things are good but they want to much power and its ruining education. Teachers who don't care are teaching and failing kids left and right and don't really care cuz its not something they will get fired for. Any other jobs that have lazy people would get fired.. teachers shouldn't be different

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Angela Peralta May 14, 2012, 2:51 AM

I am so glad you have done this. Last year I requested to review my daughter's test and was told that the test were embargoed until the grades were released in September, therefore, I could not see it. When I requested the tests in September, I was told that they would not be released. I was told I was the only parent (SMH) that had ever had any concern about the tests. This response of course was unacceptable so I called the Superintendent's office and got the same exact response including the statement that no other parent had EVER requested to see the test. This system is broken and those at the helm have no clue on how to fix it!

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GINNY Connolly-Kuhn May 14, 2012, 3:16 AM

I believe these tests freak the kids out...my granddaughter has done well throughout the school year why cant the DOE go by that instead of these tests?

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Rita Solnet May 14, 2012, 3:16 AM

John, in Florida, neither the children or the teachers are permitted to see the tests AFTER they are scored. Therefore, these tests - which originally were supposed to be used for diagnostic purposes for students - are worthless.

They are kept under lock and key with many rules and regulations as to who can enter the storage room they are kept in. Surveillance, cameras, two people enter, exit, etc. It is over the top. I've volunteered in pub schools for 16 yrs. This is all done supposedly to hold teachers/schools 'accountable.'

However, this 'accountability' pendulum has swung too far the other way to where it detracts from an enriched curriculum and impedes children's ability to be creative, to grown, to explore.

Further I question if the motive is purely 'accountability' and not the ultimate dismantling of, and the privatization of, our public schools.

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Aaron Schumacher May 15, 2012, 8:45 PM

I strongly agree! I wrote some related thoughts here: http://planspace.blogspot.com...

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