The Board of Elementary and Secondary Education held their regular monthly meeting on Tuesday, February 25 at 9 AM in Everett. The agenda for the meeting can be found here; video of this and earlier meetings can be found here.
The meeting, due to the large number of charter school expansions being considered, had a high amount of attendance.
The meeting opened with public comment. As is common practice at the Board, elected officials were taken first.
The legislative delegation representing Lynn spoke first in opposition to the expansion of KIPP Lynn, noting that KIPP Lynn does not serve the same student population as the Lynn Public Schools, nor do they meet the level of achievement required to be a proven provider. Another noted that all know that Lynn’s academic achievement is resulting from the pandemic, and further stated, “cities like Lynn are very fiscally uncertain right now with the federal government, title funding…it’s a turbulent time, and we can’t take any more turbulence.” The disparities between Lynn and its neighboring districts was also highlighted.
Rep. Lindsay Sabadosa, speaking on behalf of her western Mass constituents, first observed the fundamental inequity of the Board taking only in person comment at a public meeting held in Everett. She called the Board’s attention to Pioneer Valley Chinese Immersion Charter having been denied expanded seats in the past, as they are not educating the students they need to. She also noted that, due to the districts from which this charter draws, loss of students will mean school closures. She said you “often hear that western Mass feels abandoned…people are angry,” and closed “all of the children in my district deserve a quality education, not just those who get into a charter school.”
Mayor Jared Nicholson of Lynn testified against the expansion of KIPP Lynn, noting again the disparities in student populations served, the lack of proven provider status, and the impact of the pandemic on Lynn and such communities. He noted that federal cuts are “not just looming but attempted.” Given what can be seen of enrollment, English learners will still continue to depend on Lynn Public Schools to serve them, but, if the expansion went forward, Lynn would simply have fewer resources to serve them. He said, Lynn Public Schools “proudly serves all students who show up at our doors.”
Jared Freedman, Chief of Staff for Senator Jo Comerford, spoke in opposition both to the expansion of Pioneer Valley Chinese Immersion Charter and the narrowing of communities in Pioneer Valley Arts Charter, saying “in email after email, [constituents] are pleading with the Board to listen to their concerns.” He spoke of the “blistering challenges and deep cuts” being faced by school districts in the Pioneer Valley. He added, “this Board has no representation from Hampshire, Hampden, or Berkshire Counties…and does not allow remote testimony” which “does not uphold the principles of representative government.”
Jessica Tang, the president of AFT-MA, spoke in opposition to the expansion of KIPP Lynn, saying she was there to represent the many who were unheard. Among the data points she highlighted was that KIPP Lynn’s ability to serve English learner students could not be analyzed, as they have so few students that the data is not shared. She reminded the Board that KIPP had tried to expand in 2018; “not much has changed, so we remain bewildered as to why it is on your agenda.”
A parent of a student at Pioneer Valley Chinese Immersion spoke in opposition to the expansion of that school, noting he has ben relieved each time the Board has chosen not to expand the school. He said the leadership “is brilliant, but a bit over their skis.” He listed “issues of oversight and governance of this school…lack of humility…lack of inability to integrate feedback…[tendency to] assign blame to all others.” He said, “you really can’t have it both ways” if these issues require action, as the state’s own reports say, “I don’t think you’re justified” in saying “let’s give them almost 20% more access to public funds…[and]public families.”
KIPP Lynn’s leadership spoke, citing retention of students and graduation. She said, “data is kids, kids are not just data.” She cited the state reimbursement of increases in charter tuition as an argument against the district loss of funding. She cited the federal instability as a reason to support the expansion, arguing that this is something that is wanted by families.
A panel from Pioneer Valley Chinese Immersion cited the strength of support they have from their families and the teachers who work long hours to support. They noted that the 100 seat expansion is 100 fewer students on the waitlist. They cited their free-to-families bussing to their furthest areas.
The chair of Advanced Math and Science Academy Charter spoke of documented gains of subsets of students they’d met through marketing. She spoke of AMSA as one of the “options that best serve them on their opportunity for success.” A student at the school spoke with energy of a wind tunnel project that he was part of through a class offered at the school.
Ed Lambert, executive director of Mass Business Alliance for Education, spoke about the proposed regulations on the competency determination, requesting “as much oversight and structure as the law allows and the Constitution requires.” He spoke in support of keeping a state provision of MCAS usage as a competency determination provision. He strongly supported auditing of content of classes at the local level, grading at the local level, and, he added, delivery of content in local classrooms.
Jill Norton, from Voices for Academic Equity Coalition, asked why the regulations didn’t set graduation standards that aligned with the requirements to enter a state college. She asked that the regulations be paused until more aggressive standards be put forward.
Chair Katherine Craven said that over 40 people further had signed up to speak; she said that a special meeting was being called for March 10 in order to take additional testimony. She had testified before the Special Commission on Antisemitism, citing the work of Horace Mann in the purview of the Board.
While she was speaking, a number of Lynn Public School students stood with signs and politely requested to be heard, as they were not able to speak; no Lynn students did.
Craven refused their request, noting that a special meeting would be called on March 10 to take additional testimony, though she observed that it would be “too late for this.” She noted the presence of Ioannis Asikis, who is there to represent them, and she put him on the spot by asking him to speak to the debate, which he very briefly did.
Secretary Patrick Tutwiler spoke of the FAFSA “road show” of which he has been a part, highlighting the great increases of state financial aid over the past several years. He reminded that students can only access that aid by filling out the FAFSA.
He then spoke eloquently on how recently diversity, equity, and inclusion have been repackaged as pejorative terms; he said he “want[ed] to assure you that nearly all of the directives including the ‘Dear Colleague’ letter, are not supported by the rule of law…[they] reach far beyond the scope of executive authority.” He said that he wanted to reconfirm that there was no change to the principles that undergird public education in Massachusetts, and that further documentation would be coming from the state in the coming days. He was met with a round of applause.
Acting Commissioner Russell Johnston highlighted the recent awarding of the Milken Award to Southbridge Middle School teacher Jillian Lombardi. He also announced that Massachusetts has the highest number of students achieving a 3 or higher on AP tests in the country.
The Board next turned to the six charter school items. The following schools had proposals before the Board:
- Advanced Math and Science Academy Charter School
- Edward M. Kennedy Academy for Health Careers: A Horace Mann Charter Public School
- KIPP Academy Lynn Charter School
- Pioneer Valley Chinese Immersion Charter School
- Pioneer Valley Performing Arts Charter Public School
- South Shore Charter Public School
In introducing the set of items, Johnston said he wanted to acknowledge that this was a difficult decision; he said his recommendation was “deeply grounded” in legal criteria, “but it doesn’t add additional legal criteria.” He read through the ‘proven provider’ criteria, arguing that those requiring it met them, and saying that while he heard the concerns on financial considerations, they were not in statute or regulation as a required consideration. He said that his concern was for the families asking for choices for their children.
(Note: it is useful to recall in the following that the seat that had been filled by Paymon Rouhanifard is currently vacant, thus the Board has ten members.)
On the Advanced Math and Science Academy’s addition of 34 seats, the Board split 5-5 (Craven, Hills, Mohamed, Moriarty, West in favor; Asikis, Fisher, Rocha, Stewart, Tutwiler opposed). As a tie vote fails, the expansion did not pass.
On the Edward M. Kennedy, which as a Horace Mann had the approval of both the Boston School Committee and the Boston Teachers Union, member Mary Ann Stewart commented that the local approval was important. Vice Chair Matt Hills observed, drawing an attempted parallel operating outside the law with the presidential administration, said it didn’t “feel real good” to operate beyond the law.
The vote was 9-1, Secretary Tutwiler opposed, thus the vote passed.
On KIPP Lynn, Member Marty West asked Johnston about the “proven provider” requirement. Johnston said that it uses aggregate data across student groups. Member Michael Moriarty spoke of the “rigorous” vetting process to get to this point; he said that the Board hears community opposition based on finances and demographics in every community. He also said “KIPP had troubling data…it almost got me…that third grade is way down” but that it is “a good thing is to go back to the language” of the law. Tutwiler said that he very rarely breaks with the Acting Commissioner, noting he had not doubts as to the integrity of the review work. He said that he had also reviewed that law, and there was no language limiting the Board to only the criteria named; they could expand their definition. He also said “I’d be remiss if I didn’t lift up that I can’t ignore the context in which we are making this decision…the impact of the pandemic in Lynn is real; I was there and I saw it.” Hills restated his earlier objection regarding “freelancing when it comes to the law.”
The vote was 4-6 (Hills, Mohamed, Moriarty, West in favor; all others opposed), thus the expansion failed.
On Pioneer Valley Charter’s request for 100 additional students, West asked what has changed that the proposal was brought forward this time; Johnston responded the Department knows “we can address” the change in conditions. West observed that the scale was more modest. Moriarty commented that they are a strong provider of dual language. Acknowledging testimony, Moriarty said that while he doesn’t “put stock in financial considerations,” he would propose that rural schools need consideration; he said “I don’t think penalizing Pioneer Valley” is the answer to that, but rural school is an urgent matter, “because these tensions shouldn’t have to exist.”
The vote was 6-4 (Craven, Asikis, Hills, Mohamed, Moriarty, West in favor; Fisher, Rocha, Stewart, Tutwiler opposed), and thus passed.
On the Pioneer Valley Arts request to shrink their area from which they draw, the vote passed 8-2 (Stewart and Tutwiler opposed).
On South Shore Charter, the vote passed 6-4 (Craven, Asikis, Hills, Mohamed, Moriarty, West in favor; Fisher, Rocha, Stewart, Tutwiler opposed).
The Board next took up discussion of the proposed regulation changes regarding the competency determination for a vote to send them out to public comment; the presentation can be found here. A strikethrough version of the regulations can be found here.
Chief Officer for Data, Assessment, and Accountability Rob Curtin reviewed what brought us here, reminding the Board of the exact language change the ballot question had created:
This first necessitates a significant number of changes to regulation simply to eliminate now obsolete language in the regulation that describes the MCAS as the statewide competency determination.
Next, the Department proposes defining the terms within the law:
- “satisfactorily completing coursework” will mean earning full credit
- “showing mastery” successfully completes in line with grading policy” final assessment; a capstone or portfolio
The Department also proposes specifying minimum requirements to earn competency determination, in line with guidance already issued by the Department to districts. This creates a baseline consistency “through the tenth grade” because the law only goes up through tenth grade standards. This would, for class of 2026, be the demonstration of mastery in ELA, math, and science through a requirement of:
- two years of ELA;
- algebra I and geometry (or integrated math I and II);
- and one year of bio, physics, chem, or tech/engineering
Curtin specified that the proposed regulation does not require that the mathematics be taken entirely in high school, as they recognize that sometimes algebra is taken in middle school.
Next, the Department proposes add U.S. history as “an additional area determined by the Board” beginning with class of 2027 (as students are currently scheduling for next year). U.S. history is already a state requirement.
The proposed regulations also include options to address students “in limited circumstances” where a student knows the content but cannot document that they took the course. Curtin said we “don’t want to have student sit for the course for the sake of sitting for the course. The proposed regulation would provide for such a student either to take MCAS and meet or exceed expectations (500 level) to demonstrate mastery OR to complete a district equivalent that meets same academic standards.
The proposed regulations would also require each district to have a competency determination policy, approved by the governing body, which includes an appeal process. That policy would be required to be posted publicly posted and translated, and to be submitted to the Department along with district local graduation requirement.
The Department proposes to add to regulation that the quality of such policies would be audited by the Department.
DESE would also commit to posting publicly the graduation and competency determinations of each district. They would do public reporting of performance in school courses in relation to other outcome measures, and would look at local grading policies that could impact outcomes. The Department would review local graduation policies as part of DESE’s district review process.
Hills repeated concerns he had expressed at the February 10 special meeting that “this thing looks good as it is written but runs the risk of collapsing under its own weight.” He argues that the regulations should include language that if a student gets a certain minimum score on MCAS, “you’re going to be taking it anyway” you will be deemed to have met the competency determination.
Stewart said she hoped those who voted in favor of the ballot question would be heard in public comment on the proposed revisions.
West asked about the validity and reliability of measures here proposed (that is, local grades) and asked if the Department would be regulating that. Curtin said no, adding that putting into place a process where DESE reviewed individual district plans would take time, over which succeeding classes would graduate; the alternative is the one chosen, putting into place revised regulation and then looking at artifacts and implementation. West responded, “a lot of voters thought locally generated measures would be fairer to all students, but that isn’t actually true.”
Tutwiler, noting the objection Hills had to the charter authorization exceeding (as he stated) the law, asked how including MCAS into the regulation does not do the same. Hills said the state requirement was “being met by a construct” and that the auditors would be getting into what coursework met the standard or not.
Moriarty said he wished for more time to deliberate, but he felt a sense of urgency. He asked about the Department’s capacity to provide technical assistance to school committees in writing policies, saying he would have felt that beyond him when he was a school committee member.
Johnston said that upholding an MCAS pathway looks strong on pathway, but won’t serve to undergird the system, to which Hills replied that it was a construct, and there may be those who don’t take things on schedule.
The Board discussed how best to proceed, and decided to move forward with sending the regulation as presented sent to public comment with a note regarding the wish Hills had for MCAS to be an alternative pathway. The vote passed.
The notice of public comment on proposed amendments to 603 CMR 30.00 can be found here; It is open through April 4.
With minimal discussion, the Board also sent out for public comment proposed amendments to 603 CMR 7.00, teacher licensure. While there are several revisions, the particularly significant one is continuing what had been a pilot of allowing licensure through an alternative assessment.
The Board also discussed, but did not yet send out for public comment, proposed revisions to the regulations governing admissions to career and technical education schools. The Board will be holding a special meeting on March 10 to hear further public comment and vote to send them out to public comment. The proposed revisions fall into two areas:
- Middle school, covering access, ensuring students receiving information about CTE programs at their middle schools, on public-facing websites, through mail and email; not count middle school tours of CTE schools as unexcused absences; develop a middle school pathway exploration policy to document how middle school students are made aware of such opportunities; connect such opportunities to post-secondary planning.
- Admission, requiring that when there are more applicants than seats for admission to a CTE program, that there be a lottery; the only two selective criteria that may be used are attendance, with only the prior two years to be considered, and limited to 10 or more days of unexcused absences; and discipline, limited to major infractions; students may not be ranked or tiered in the lottery.
Also under discussion is if there can/should be an additional, non-scored component of student interest.
Fisher said she was exciting about the inclusion of student interest. She said she was concerned about the disproportionate impact of ten absences, noting that high schools may not even see that once students get to the school.
Hills said that there is a trade-off, that if students get in who have high rates of absence and continue to be absent, it would “harm a lot more than the students that don’t get in…it harms programs.”
Moriarty remarked that he didn’t know why schools needed to be told to allow access, “but apparently we do,” observing that the unfunded mandate of buses to other schools will arise. He said that ten absences isn’t chronic absenteeism, “I know a lot of things can be done to turn an unexcused absence into an excused absence…kids can solve that.” He also said that he was concerned about possible disproportionate impact on homeless students.
Fisher noted that ten is a very low number and to speak of solving them was “power and privilege.” Rocha agreed, commenting that the need for a doctor’s note to make an absence unexcused disproportionately impacts the working class.
Stewart said she was uncomfortable with the two selected criteria, adding that schools really need to work with families on discipline.
Hills argued that members needed to be careful about asserting that selective criteria are discriminatory, and said that the Board needed to look “at what the school needs to be successful. He also said that he didn’t know that families could not access the means of turning unexcused absences into excused.
To West’s wondering if it would be possible to look backwards at how different simulations would play out, Fisher said if they look at students who didn’t meet selective criteria, they don’t have students who didn’t apply. She added that while she appreciated what school leaders are saying they need for success, they are basing it on students who haven’t even entered yet.
This will be discussed again at a special meeting on March 10, after which it will be sent out for public comment.
The Board also voted the required salary adjustment for the Acting Commissioner.
The Board’s next regular meeting is March 25, but the Board will meet the evening of March 10 to discuss CTE admissions.