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Every Student Succeeds Act

Betsy DeVos Tells States Not to Expect Waivers From Annual Tests

By Andrew Ujifusa 鈥 September 03, 2020 3 min read
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U.S. Secretary of Education Betsy DeVos has informed states that they should not count on getting the same waivers from federal testing mandates for this school year that they got last spring as the pandemic shut down schools.

In a Thursday , DeVos said that these annual, summative assessments in English/language arts, math, and science are 鈥渁t the very core鈥 of the bipartisan agreement behind the Every Student Succeeds Act, the main federal K-12 education law. And at a time when vulnerable students have been hurt the most by the pandemic, such tests are 鈥渁mong the most reliable tools available to help us understand how children are performing in school.鈥

鈥淚t is now our expectation that states will, in the interest of students, administer summative assessments during the 2020-2021 school year, consistent with the requirements of the law and following the guidance of local health officials,鈥 DeVos wrote. 鈥淎s a result, you should not anticipate such waivers being granted again.鈥

DeVos鈥 letter is not especially surprising. In July, Assistant Secretary for Planning, Evaluation, and Policy Development Jim Blew told reporters that the Department of Education鈥檚 鈥渋nstinct鈥 at the time was . But DeVos鈥 letter to states does make it clear what the department鈥檚 position is going forward.

Of course, the department鈥檚 position could eventually change if Democratic presidential nominee Joe Biden wins the Nov. 3 election. As a candidate, .

The letter does not completely shut the door on such waivers being granted again, since the secretary does not say unequivocally that they won鈥檛 be approved again no matter what. But it鈥檚 bad news for states like Georgia and Michigan that over the summer indicated their desire for such a waiver.

The letter squares with DeVos鈥 push for schools to excel during the pandemic without special favors or exemptions from federal mandates.

In the letter, DeVos also says that 鈥渘ecessity is the mother of invention鈥 and that it may be time for states to rethink their traditional assessment systems and consider forms of testing like competency and mastery-based assessments. And she also left some wiggle room for states to change how these tests factor into things such as school ratings, telling states, 鈥淲e are open to discussions about what, if any, actions may be needed to adjust how the results of assessments are used in your state鈥檚 school accountability determinations.鈥

To support her position, DeVos pointed to groups that have on annual testing despite the impact of the coronavirus on schools. And she highlighted a survey by the Data Quality Campaign from late April and early May showing that 89 percent of parents 鈥渁re interested in information about how school closures and other COVID-19-related interruptions affected students鈥 long-term outcomes.鈥

In statements issued Thursday, Rep. Bobby Scott, D-Va., and Sen. Patty Murray, D-Wash., the chairman and ranking member of the House and Senate education committees, respectively, backed DeVos鈥 stance. However, they also stressed that for the tests to truly matter, Congress must pass a coronavirus relief bill that helps education. 鈥淲e鈥檝e got to have data that shows us where we鈥檙e falling short so we can better support those students,鈥 Murray said. 鈥淏ut let me be clear鈥攊f President Trump and Republicans are in any way serious about ensuring schools can keep our kids learning, they鈥檝e got to stop blocking our bill to finally provide schools with the resources they need.鈥

Asked for a response to DeVos鈥 Thursday letter, Carolyn Phenicie, a spokeswoman for the Council of Chief State School Officers, referred us to , which read: 鈥淲e recognize that COVID-19 and its impact on our education system is ever-evolving. CCSSO stands ready to continue supporting every state in navigating these unique circumstances and providing educators with access to the high-quality, relevant tools necessary to measure student academic progress and inform decision-making now and in the future.鈥

Richard Woods, the state superintendent of Georgia schools, in a statement released Thursday. 鈥淚t is disappointing, shows a complete disconnect with the realities of the classroom, and will be a detriment to public education,鈥 said Woods, an elected Republican.

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Photo: U.S. Secretary of Education Betsy DeVos on Capitol Hill earlier this year. -- Tom Williams/CQ Roll Call via AP Images