STATE BOARD OF EDUCATION

ADMINISTRATIVE CODE

COMMENT/RESPONSE FORM

This comment and response form contains comments since the April 6, 2016, State Board of Education meeting when the draft regulations were considered at Proposal Level.

Topic: Standards and Assessments Meeting Date: August 3, 2016

Code Citation: N.J.A.C. 6A:8 Level: Adoption

Division: Talent and Performance Completed by: Division of Talent

and Performance

Summary of Comments and Agency Responses:

The following is a summary of the comments received from members of the public and the Department’s responses. Each commenter is identified at the end of the comment by a number that corresponds to the following list:

1.  Marlboro Township Board of Education

2.  Livingston Board of Education

3.  Township of Ocean Board of Education

4.  Bridgewater-Raritan Regional School District Board of Education

5.  Princeton Board of Education

6.  Joy Schiavo

Roselle Public Schools

7.  Veronica Kim,

River Edge Public Schools

8.  Suzanne Manning

Waldwick School District

9.  Rosemary Armstrong

Washington Township School District (Gloucester County)

10.  Zul Kagalwalla

11.  Gina Mark

12.  Jean Public

13.  Sari Santoro

14.  Linda Mavretish

15.  Nisha Zoeller

Morris Hills Regional School District

16.  Anna Pietrocola

17.  Bill Michaelson

18.  Concerned Parent

19.  Patrick McKnight, Chair

New Jersey Libertarian Party

20.  Ann Hoag

21.  Jeanine Branch

22.  Patricia Fantulin

23.  Bob Dailyda

24.  Lellani Carson

25.  Lori Grande

26.  Marlene Burton

27.  Lorraine Miller

28.  Gary van Wyk Ph.D.

29.  Sonya Bertini

30.  Lucy Dolin

31.  Audrey Oldoep

32.  Rhonda Yabko

33.  J.S. Prakash

34.  Laura Begg

35.  Joseph Connor

36.  Laura Malcarney

37.  Kara Doyle

38.  Irene Salcito

39.  Stacey DiMarco

40.  Michele Fischer

41.  Sarah Foye

42.  Joanne McHugh

43.  Dana Dentino

44.  Frances and Gene Uziel

45.  Shari Reeve

46.  Belinda Edmondson

47.  Ellen Dailey

48.  Gerald and Melissa Decker

49.  Meg Silverman

50.  Randi Hersh

51.  Stephanie Marulli

52.  Melissa Joyner

53.  Charity Reagan

54.  Susanne Syben-Moscicki

55.  Jane Rigney

56.  Stephanie Cole Sanchez

57.  Michael F. Mignone

58.  Frank Schiavone Jr.

59.  Ellen Tillson Parker

60.  Maria O’Brien

61.  Anonymous

62.  Debbie Gries

63.  Diane Otoole

64.  Mary O’Grady

65.  Michael Warholak

66.  Marla Nierenberg Hanan

67.  Dianne Douthat

68.  Julie Nealon

New Jersey Education Association

69.  Jose Maravi

Morris Hills Regional School District

70.  Cranford Board of Education

71.  South Brunswick Township Board of Education

72.  Montville Township Board of Education

73.  Amy Smaldone

74.  New Jersey School Boards Association

75.  Elizabeth Franks

NJTESOL/NJBE

76.  Noreen Drucker

NJTESOL/NJBE

77.  Suzan Cole

Township of Ocean School District

78.  Stephanie Myers

North Plainfield School District

79.  Sharon Fischer

80.  Hanna Prashker

NJTESOL/NJBE

81.  Carolyn Hughes

NJTESOL/NJBE

82.  Madji Fall

NJTESOL/NJBE

83.  Monica Schnee

NJTESOL/NJBE

84.  Regelio Suarez

Hackensack Public Schools, NJTESOL/NJBE

85.  Katherine Stotler

Bernards School District

86.  Sandra Nunes

87.  Kelly Yang

Manalapan-Englishtown School District

88.  Caren Kalman

North Bergen School District

89.  Gary Seid

NJTESOL/NJBE

90.  Regina Paglia-Smoler

NJTESOL/NJBE

91.  Judie Haynes

NJTESOL/NJBE

92.  Michelle Land

93.  Monroe Township Board of Education (Middlesex County)

94.  Lois Salvatore

95.  Lisa Aditto

96.  Donna Andreen

97.  Maria Loikith

98.  Christopher Ryan

99.  Eric Milou

100.  Bonnie Parks

101.  Christina Moreira

102.  Sarah Petersen

103.  Catherine E. DeGenova

104.  Diane Bessette

105.  Christy DeMarco

106.  Jodi Hoover

107.  Kristina Wetter

108.  Donna Troller

109.  Kristen

110.  Save Our Schools

111.  Michael Mandica

112.  R.V.

113.  Carol Tagoe

114.  Beverly Clancy

115.  Georgia Bulko

116.  Kathleen Belko

117.  Annette

118.  Anonymous

119.  Christine McGoey

120.  Dawn Tapp

121.  Connie Brown

122.  Lillian Vollmann

123.  Anonymous

124.  Linda Lance

125.  Jackie

126.  Amanda Smith

127.  Diane Mess

128.  Sherry Miller

129.  Julie Borst

130.  Marilyn Silva-Sessa

131.  Justin Escher Alpert

132.  Jeanne Vollmann

133.  Laura Begg

134.  Jen Korn

135.  Michelle McFadden-DiNicola

136.  Lisa Marie Fuchs

137.  Karen Vanoppen

138.  Mike Ryan

139.  Kathleen Papp

140.  Heather Brustowicz

141.  Isabel Ortega

142. Jill DeMaio

143. Angela McVerry

144. Colleen Daly Martinez

145. Heidi Olson

146. Save Our Schools 2

147. Jody Demas

148. Katherine Stein

149. Marie Corfield

150. Regan Kaiden

151. Virginia Manzeri

152. Dan Masi

153. Drew Escaldi

154. Griffin Willner

155. Jennifer Korn

156. Julie Borst

157. Katie Salvo

158. Dawn Tapp

159. Heidi Brown

160. Jon Coniglio

161. Jon Woodward

162. Kathryn Laczynski

163. Laura Begg

164. Lisa Wolff

165. Liz Mulholland

166. Martha Luszcz

167. Monique Andrews

168. Sarah Blaine

169. Marie Blistan, Vice President

New Jersey Education Association

170. Ginny Murphy, President

Washington Township Board of Education (Gloucester County)

171. Julie Borst

172. Rosie Grant, Executive Director

Paterson Education Fund

173. Susan Cauldwell, Executive Director

Save Our Schools New Jersey

174. Darcie Cimarusti, President

Highland Park Board of Education

175. Jennifer Keyes-Maloney, Assistant Director of Government Relations

New Jersey Principals and Supervisors Association

176. Julia Rubin

177. Lynn Szczeck

178. Becky Bates

179. Heather Hicks

180. James Riley

181. Jennifer Grana

182. Jody Demas

183. Sue Altman

184. Stan Karp

Education Law Center

185. Bonnie Gabizon

186. Kathleen Dalessio

187. Lisa M. Rodgers

188. Rhianon Midas

189. Tamara Gross

190. Virginia Grossman

191. Gina Verdibello

192. Linda Reid

193. Hana Prashker

NJTESOL/NJBE

194. Stan Karp and Jessica Levin Esq., Education Law Center, and Edward Barocas Esq., American Civil Liberties Union of New Jersey

1. COMMENT: The commenters opposed the Partnership for Assessment of Readiness for College and Career (PARCC) assessment and requested the Department withdraw the proposed amendments regarding high school graduation requirements. (1, 2, 4, 5, 11, 14, 19 through 25, 27, 28, 32 through 38, 41, 43 through 46, 49 through 57, 59, 60, 61, 63, 66, 72, 73, 95, 100, 101, 104, 105, 107 through 139, 141, 143, 146 through 149, 150 through 158, 161, 163, 165, 168, 170 through 174, 177 through 192, 194)

RESPONSE: The Department disagrees with the commenters’ suggestion to eliminate the PARCC assessment as a graduation requirement. The State statute governing high school graduation standards, N.J.S.A. 18A:7C-1 et seq., requires “[t]he development of a Statewide assessment test in reading, writing and computational skills,” as well as clear and explicit Statewide levels of proficiency to be demonstrated as a minimum requirement for high school graduation. As the use of a Statewide standardized assessment for graduation is a statutory requirement, the Department cannot do away with the requirement.

2. COMMENT: The commenter opposed the proposed requirement for students to pass or demonstrate proficiency on the PARCC assessment as a graduation requirement but supported requiring students to take the assessment without achieving a certain score to graduate. (40)

RESPONSE: The State statute governing high school graduation standards, N.J.S.A. 18A:7C-1 et seq., requires “[t]he development of a Statewide assessment test in reading, writing and computational skills,” as well as clear and explicit Statewide levels of proficiency to be demonstrated as a minimum requirement for high school graduation. As the use of a Statewide standardized assessment for graduation is a statutory requirement, the Department cannot do away with this requirement.

3. COMMENT: The commenters opposed the PARCC assessment as the only means of earning a high school diploma. (22, 96, 98, 102, 103, 105, 116, 117, 140, 151, 169, 172, 174)

RESPONSE: Students who are unable to demonstrate graduation proficiency through the Statewide standardized assessment can utilize the portfolio appeals process, which includes a review of student coursework and performance-based assessments. As the use of a Statewide standardized assessment for graduation is a statutory requirement, the Department cannot do away with this requirement.

4. COMMENT: The commenter opposed the proposed requirement for students to take all end-of-course PARCC assessments as a condition to graduate and said there is no basis for the requirement in N.J.S.A. 18A:7C-1 et seq. (152, 168)

RESPONSE: State and Federal regulations call for all students to take the Statewide assessment, and the Department must abide by that expectation. The PARCC assessment is designed as the benchmark assessment of college and career readiness. Students who do not achieve a certain level in the PARCC assessment may utilize the portfolio appeals process for the graduation assessment requirement.

5. COMMENT: The commenter said the PARCC assessments are not a fair graduation requirement since they are computer based, which gives an advantage to students with access to better quality and more consistent use of computers. The commenter further stated assessments taken on paper provide every student equal testing equipment, which PARCC does not. (158)

RESPONSE: The Department is mindful of concerns regarding the use of a new assessment system as a graduation requirement. New Jersey students are accustomed to learning in a technology-rich environment. More than 20 years ago, New Jersey embarked on an initiative to infuse technology in the classroom, and technology has been among the State’s student learning standards for 12 years. The vast majority of New Jersey students (approximately 98 percent) took the PARCC assessment on computer. Students who require paper PARCC assessments have the ability to do so. Computer-based assessments are becoming the norm among national assessments.

6. COMMENT: The commenters stated the designation of end-of-course PARCC Algebra I and ELA 10 assessments violate the statutory requirement to administer a single, comprehensive graduation assessment in 11th grade. (165, 168, 169, 174)

RESPONSE: Due to pending litigation over the subject matter of this comment, the Department is unable to respond at this time.

7. COMMENT: The commenters stated the PARCC assessments gauge college and career readiness, which is a higher standard than the assessment of minimum basic skills required by State law. The commenter further stated State law does not allow the State Board to raise the standard. (168, 174)

RESPONSE: A foundational concept of a quality assessment is that preparing a student for success in college and career should be the minimum standard. The State’s assessments are designed to accurately measure mastery of the State’s academic standards, and the State Board of Education can, and has, improved the standards numerous times since they were created two decades ago.

8. COMMENT: The commenter said adopting the PARCC assessment as a graduation requirement will increase the achievement gap in New Jersey and lead to more students dropping out of school. (172)

RESPONSE: The Department appreciates the commenter’s concerns about the achievement gap in New Jersey, but is not aware of any evidence that suggests the commenter’s predictions will occur. To the contrary, the Department’s recent experience with portfolio appeals suggests that students have a viable option in addition to the PARCC to meet the graduation assessment requirement.

9. COMMENT: The commenter expressed appreciation for the Department’s efforts to ensure stakeholder input and for the gradual migration to the new graduation requirements, which will allow for an ample transition period for students, school leaders, and teachers. (175)

RESPONSE: The Department appreciates the commenter’s support.

10. COMMENT: The commenter expressed support for the adoption of PARCC ELA 10 and Algebra I as the benchmark for determining student proficiency. The commenter also expressed appreciation for the Department’s plan to reexamine the benchmarks in the future. (175)

RESPONSE: The Department appreciates the commenter’s support.

11. COMMENT: The commenter expressed support for the retention of multiple pathways for students to show mastery through the transition period as utilizing alternative assessments and the portfolio appeals process to demonstrate proficiency are critical during the transition process. (175)

RESPONSE: The Department appreciates the commenter’s support.

12. COMMENT: The commenter stated the PARCC assessment should be an optional graduation assessment and the SAT, ACT, PSAT, AP, and Accuplacer, which are currently being used during the transition period, should be permanent elective assessments for graduation. (71)

RESPONSE: The Department is mindful of the use of a new assessment system as a graduation requirement and has proposed a lengthy transition plan to ensure students have sufficient time to get accustomed to the new assessment system prior to making the end-of-course PARCC in ELA 10 and Algebra I graduation requirements. The Department will continue to review implementation of the transition plan as it progresses. However, the State statute governing high school graduation standards, N.J.S.A. 18A:7C-1 et seq., requires “[t]he development of a Statewide assessment test in reading, writing and computational skills,” as well as clear and explicit Statewide levels of proficiency to be demonstrated as a minimum requirement for high school graduation.

13. COMMENT: The commenters requested that students be allowed to graduate during the transition period on the basis of credits earned, grade point averages, and successful completion of all attendance, service, and other local graduation requirements. (1, 2, 5, 169)

RESPONSE: The Department is mindful of the use of a new assessment system as a graduation requirement and, as a result, has proposed a lengthy transition plan to ensure students have sufficient time to get accustomed to the new assessment system prior to making the end-of-course tests in ELA 10 and Algebra I graduation requirements. Students who are unable to demonstrate graduation proficiency through the Statewide standardized assessment can utilize the portfolio appeals process, which includes a review of student coursework and performance-based assessments. As the use of a Statewide standardized assessment for graduation is a statutory requirement, the Department cannot do away with this requirement.

14. COMMENT: The commenters requested a multi-year transition to a new assessment system be used to conduct a broad public dialogue with stakeholders to develop a consensus about transparent and equitable assessment policies. (1, 2, 5, 70, 110)

RESPONSE: The Department is mindful of and has taken into account all comments and opinions received regarding PARCC. The Study Commission on the Use of Student Assessments in New Jersey (Study Commission) held multiple public testimony sessions throughout the State. The concerns and opinions expressed at the sessions were considered when drafting the proposed amendments. The State Board also accepted testimony and written comments from members of the public regarding the proposed amendments, and the comments have been considered by the Department during the rulemaking process. However, the State statute governing high school graduation standards, N.J.S.A. 18A:7C-1 et seq., requires “[t]he development of a Statewide assessment test in reading, writing and computational skills,” as well as clear and explicit Statewide levels of proficiency to be demonstrated as a minimum requirement for high school graduation. The Department has selected PARCC as the requisite Statewide assessment.