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Ohio Mandates New Tests for Charters

By Erik W. Robelen 鈥 July 26, 2005 5 min read
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At a time of growing concern around the country about the academic accountability of charter schools, Ohio has mandated a new regime of testing solely for those schools that may force the shutdown of repeated low performers.

Under a new state law, Ohio charter schools that meet certain criteria will have to give an extra set of standardized tests at the start and end of each school year, in addition to the regular state assessments given in all public schools.

A subset of those charter schools that miss state-prescribed goals for academic growth for three years in a row must close, under new requirements incorporated into the state budget signed into law late last month. No regular, district-run public schools are subject to the new testing requirements.

The move comes as other states with large charter sectors, such as California and Florida, are experimenting with new accountability approaches that go beyond the oversight provided by the school districts or other authorizers that grant the publicly financed but largely independent schools their charters.

The Ohio budget law imposes even more new demands on its growing cadre of cyber charter schools鈥攃alled e-schools in the Buckeye State. Those include the threat of losing all aid for students who miss the new testing benchmarks for two years straight and for students who fail to take state tests for two years.

Sen. Joy Padgett, the Republican who chairs the education committee of the state Senate, said the new measures will help make Ohio 鈥渁 leader in accountability for e-schools and charter schools.鈥

鈥淥hio, I believe, definitely is a story of choice [in education],鈥 she said. 鈥淔ine, we鈥檙e just going to make sure those choices have standards.鈥

The two-year measure for fiscal 2006 and 2007 also sets a new cap on the creation of charter schools, imposes a moratorium on new e-schools, and includes a major expansion of the state鈥檚 school voucher program. (鈥淥hio OKs Vouchers for Pupils in Low-Rated Schools,鈥 July 13, 2005)

Jeanne Allen, the president of the pro-charter Center for Education Reform, based in Washington, said Ohio鈥檚 requirements for charter school testing and accountability are now 鈥渕ore far-reaching鈥 than any other state鈥檚. She said she was unaware of another state that had a testing regime set up exclusively for charter schools.

鈥淭his will give a clear, transparent understanding of whether and how Ohio鈥檚 charter schools are performing,鈥 she said.

鈥楾here Are Waivers鈥

Home to an especially intense political debate over charter schooling in recent years, Ohio has about 250 charter schools serving some 62,000 students, according to J.C. Benton, a spokesman for the state department of education. Of those, 44 are e-schools, serving nearly 17,000 students.

Under the new law, certain Ohio charter schools, starting in the 2006-07 school year, will have to administer norm-referenced tests for reading and mathematics each fall and spring. Such tests measure individual students鈥 performance against the scores of a large group of test-takers, rather than a specific set of standards.

A subset of those schools will have to ensure that at least 55 percent of their students meet a growth target still to be set by the state. If a school fails to reach that target for three consecutive years, it is supposed to shut down.

The new testing rules apply to all charter schools not rated in the two highest of Ohio鈥檚 five performance categories under the state accountability system. They also apply to all schools that don鈥檛 have a performance rating because they did not yield large enough samples to produce reliable data, as well as to schools open for less than two full years.

Ratings from the 2003-04 school year suggest that most Ohio charter schools may have to test their students. The threat of closure, however, doesn鈥檛 apply to all those schools. Only schools that are rated in the two lowest accountability categories, 鈥渁cademic emergency鈥 and 鈥渁cademic watch,鈥 face the closure threat, as well as those that don鈥檛 have a state rating.

鈥淲e have a number of [charter] schools that are successful,鈥 said Speaker of the House Jon Husted, a Republican. 鈥淲e think they鈥檒l be able to hit these marks quite easily.鈥

As for the low performers, he said, the message is: 鈥淓ither get the job done or get out.鈥

Still, Sen. Padgett hinted that schools may get some leeway before being closed. 鈥淚f we see that in three years they鈥檙e getting close, you know, there are waivers,鈥 she said.

For e-schools, the new law imposes an enrollment freeze on schools that do not meet the achievement targets for one year. If a school falls short for two consecutive years, its students who do not meet the requirements will have to leave the school unless their families pay the per-pupil costs out of pocket.

The moratorium on new cyber charter schools is to last until the legislature establishes new standards governing such schools鈥 operation. Sen. Padgett said the standards should be in place no later than the 2007-08 school year.

To the chagrin of many advocates of cyber charters, the legislation also imposes what amounts to an estimated 10 percent cut in state aid to those schools.

Mixed Response

Anita Nelam, who chairs the board of the Ohio Charter Schools Association and is the president and founder of two charter schools in Columbus, said that among her concerns about the new requirements is that they apply only to charter schools.

鈥淚t鈥檚 certainly not the way many of us would have written it, but we are supportive of the point that they鈥檙e attempting to make,鈥 she said of state lawmakers.

Tom Mooney, an outspoken critic of charter schools who is the president of the Ohio Federation of Teachers, an affiliate of the American Federation of Teachers, argued that the new accountability measures are too weak. He pointed to the 55 percent growth threshold, for instance, and the fact that the extra tests for charter schools are given only in reading and math.

鈥淭hey have now explicitly set a lower standard for charters,鈥 he said. 鈥淭hat鈥檚 pretty stunning.鈥

But Speaker Husted, a staunch advocate of school choice, said charter schools must continue to meet all state and federal requirements.

鈥淭hey have the same academic standards,鈥 he said, 鈥減lus an added accountability measure where they could actually 鈥 be put out of business.鈥

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