Tag: Testing

  • Education researchers sue Trump administration, testing executive power

    Education researchers sue Trump administration, testing executive power

    UPDATE: The hearing scheduled for May 9 has been postponed until May 16 at the U.S. District Court for the District of Columbia. The court will hear two similar motions at the same time and consider whether to temporarily restore the cuts to research and data collections and bring back fired federal workers at the Education Department. More details on the underlying cases in the article below.

    Some of the biggest names in education research — who often oppose each other in scholarly and policy debates — are now united in their desire to fight the cuts to data and scientific studies at the U.S. Department of Education.

    The roster includes both Grover J. “Russ” Whitehurst, the first head of the Institute of Education Sciences (IES) who initiated studies for private school vouchers, and Sean Reardon, a Stanford University sociologist who studies inequity in education. They are just two of the dozens of scholars who have submitted declarations to the courts against the department and Secretary Linda McMahon. They describe how their work has been harmed and argue that the cuts will devastate education research.

    Professional organizations representing the scholars are asking the courts to restore terminated research and data and reverse mass firings at the Institute of Education Sciences, the division that collects data on students and schools, awards research grants, highlights effective practices and measures student achievement. 

    Related: Our free weekly newsletter alerts you to what research says about schools and classrooms.

    Three major suits were filed last month in U.S. federal courts, each brought by two different professional organizations. The six groups are the Association for Education Finance and Policy (AEFP), Institute for Higher Education Policy (IHEP), American Educational Research Association (AERA), Society for Research on Educational Effectiveness (SREE), National Academy of Education (NAEd) and the National Council on Measurement in Education (NCME). The American Educational Research Association alone represents 25,000 researchers and there is considerable overlap in membership among the professional associations. 

    Prominent left-wing and progressive legal organizations spearheaded the suits and are representing the associations. They are Public Citizen, Democracy Forward and the Legal Defense Fund, which was originally founded by the National Association for the Advancement of Colored People (NAACP) but is an independent legal organization. Allison Scharfstein, an attorney for the Legal Defense Fund, said education data is critical to documenting educational disparities and improve education for Black and Hispanic students. “We know that the data is needed for educational equity,” Scharfstein said.

    Related: Chaos and confusion as the statistics arm of the Education Department is reduced to a skeletal staff of 3

    Officers at the research associations described the complex calculations in suing the government, mindful that many of them work at universities that are under attack by the Trump administration and that its members are worried about retaliation.  

    “A situation like this requires a bit of a leap of faith,” said Elizabeth Tipton, president of the Society for Research on Educational Effectiveness and a statistician at Northwestern University. “We were reminded that we are the Society for Research on Educational Effectiveness, and that this is an existential threat. If the destruction that we see continues, we won’t exist, and our members won’t exist. This kind of research won’t exist. And so the board ultimately decided that the tradeoffs were in our favor, in the sense that whether we won or we lost, that we had to stand up for this.”

    The three suits are similar in that they all contend that the Trump administration exceeded its executive authority by eliminating activities Congress requires by law. Private citizens or organizations are generally barred from suing the federal government, which enjoys legal protection known as “sovereign immunity.” But under the Administrative Procedure Act of 1946, private organizations can ask the courts to intervene when executive agencies have acted arbitrarily, capriciously and not in accordance with the law. The suits point out, for example, that the Education Science Reform Act of 2002 specifically requires the Education Department to operate Regional Education Laboratories and conduct longitudinal and special data collections, activities that the Education Department eliminated in February among a mass cancelation of projects. 

    Related: DOGE’s death blow to education studies

    The suits argue that it is impossible for the Education Department to carry out its congressionally required duties, such as the awarding of grants to study and identify effective teaching practices, after the March firing of almost 90 percent of the IES staff and the suspension of panels to review grant proposals. The research organizations argue that their members and the field of education research will be irreparably harmed. 

    Of immediate concern are two June deadlines. Beginning June 1, researchers are scheduled to lose remote access to restricted datasets, which can include personally identifiable information about students. The suits contend that loss harms the ability of researchers to finish projects in progress and plan future studies. The researchers say they are also unable to publish or present studies that use this data because there is no one remaining inside the Education Department to review their papers for any inadvertent disclosure of student data.

    The second concern is that the termination of more than 1,300 Education Department employees will become final by June 10. Technically, these employees have been on administrative leave since March, and lawyers for the education associations are concerned that it will be impossible to rehire these veteran statisticians and research experts for congressionally required tasks. 

    The suits describe additional worries. Outside contractors are responsible for storing historical datasets because the Education Department doesn’t have its own data warehouse, and researchers are worried about who will maintain this critical data in the months and years ahead now that the contracts have been canceled. Another concern is that the terminated contracts for research and surveys include clauses that will force researchers to delete data about their subjects. “Years of work have gone into these studies,” said Dan McGrath, an attorney at Democracy Forward, who is involved in one of the three suits. “At some point it won’t be possible to put Humpty Dumpty back together again.” 

    Related: Education research takes another hit in latest DOGE attack

    In all three of the suits, lawyers have asked the courts for a preliminary injunction to reverse the cuts and firings, temporarily restoring the studies and bringing federal employees back to the Education Department to continue their work while the judges take more time to decide whether the Trump administration exceeded its authority. A first hearing on a temporary injunction is scheduled on Friday in federal district court in Washington.*

    A lot of people have been waiting for this. In February, when DOGE first started cutting non-ideological studies and data collections at the Education Department, I wondered why Congress wasn’t protesting that its laws were being ignored. And I was wondering where the research community was. It was so hard to get anyone to talk on the record. Now these suits, combined with Harvard University’s resistance to the Trump administration, show that higher education is finally finding its voice and fighting what it sees as existential threats.

    The three suits:

    1. Public Citizen suit

    Plaintiffs: Association for Education Finance and Policy (AEFP) and the  Institute for Higher Education Policy (IHEP)

    Attorneys: Public Citizen Litigation Group

    Defendants: Secretary of Education Linda McMahon and the U.S. Department of Education

    Date filed: April 4

    Where: U.S. District Court for the District of Columbia

    Documents: complaint, Public Citizen press release, 

    A concern: Data infrastructure. “We want to do all that we can to protect essential data and research infrastructure,” said Michal Kurlaender, president of AEFP and a professor at University of California, Davis.

    Status: Public Citizen filed a request for a temporary injunction on April 17 that was accompanied by declarations from researchers on how they and the field of education have been harmed. The Education Department filed a response on April 30. A hearing is scheduled for May 9.

    1. Democracy Forward suit

    Plaintiffs: American Educational Research Association (AERA) and the Society for Research on Educational Effectiveness (SREE)

    Attorneys: Democracy Forward 

    Defendants: U.S. Department of Education, Institute of Education Sciences, Secretary of Education Linda McMahon and Acting Director of the Institute of Education Sciences Matthew Soldner

    Date filed: April 14

    Where: U.S. District Court for the District of Maryland, Southern Division 

    Documents: complaint, Democracy Forward press release, AERA letter to members

    A concern: Future research. “IES has been critical to fostering research on what works, and what does not work, and for providing this information to schools so they can best prepare students for their future,” said Ellen Weiss, executive director of SREE. “Our graduate students are stalled in their work and upended in their progress toward a degree. Practitioners and policymakers also suffer great harm as they are left to drive decisions without the benefit of empirical data and high-quality research,” said Felice Levine, executive director of AERA.

    Status: A request for a temporary injunction was filed April 29, accompanied by declarations from researchers on how their work is harmed. 

    1. Legal Defense Fund suit

    Plaintiffs: National Academy of Education (NAEd) and the National Council on Measurement in Education (NCME)

    Attorneys: Legal Defense Fund

    Defendants: The U.S. Department of Education and Secretary of Education Linda McMahon 

    Date filed: April 24

    Where: U.S. District Court for the District of Columbia

    Documents: complaint, LDF press release

    A concern: Data quality. “The law requires not only data access but data quality,” said Andrew Ho, a Harvard University professor of education and former president of the National Council on Measurement in Education. “For 88 years, our organization has upheld standards for valid measurements and the research that depends on these measurements. We do so again today.” 

    Status: A request for a temporary injunction was filed May 2.*

    * Correction: This paragraph was corrected to make clear that lawyers in all three suits have asked the courts to temporarily reverse the research and data cuts and personnel firings. Also, May 9th is a Friday, not a Thursday. We regret the error. 

    Contact staff writer Jill Barshay at 212-678-3595, jillbarshay.35 on Signal, or barshay@hechingerreport.org.

    This story about Education Department lawsuits was written by Jill Barshay and produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education. Sign up for Proof Points and other Hechinger newsletters.

    The Hechinger Report provides in-depth, fact-based, unbiased reporting on education that is free to all readers. But that doesn’t mean it’s free to produce. Our work keeps educators and the public informed about pressing issues at schools and on campuses throughout the country. We tell the whole story, even when the details are inconvenient. Help us keep doing that.

    Join us today.

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  • A smaller Nation’s Report Card

    A smaller Nation’s Report Card

    As Education Secretary Linda McMahon was busy dismantling her cabinet department, she vowed to preserve one thing: the National Assessment of Educational Progress (NAEP), also known as the Nation’s Report Card. In early April, she told a gathering of ed tech companies and investors that the national exam was “something we absolutely need to keep,” because it’s a “way that we keep everybody honest” about the truth of how much students across the country actually know.  

    That was clearly a promise with an asterisk. 

    Less than two weeks later, on Monday of this week, substantial parts of NAEP came crumbling down when the board that oversees the exam reluctantly voted to kill more than a dozen of the assessments that comprise the Nation’s Report Card over the next seven years. 

    The main reading and math tests, which are required by Congress, were preserved. But to cut costs in an attempt to appease Elon Musk’s Department of Government Efficiency or DOGE, the National Assessment Governing Board (NAGB) scrapped a 2029 administration of the Long-Term Trend NAEP, an exam that has tracked student achievement since the 1970s.* Also cut were fourth grade science in 2028, 12th grade science in 2032 and 12th grade history in 2030. Writing assessments, which had been slated for 2032, were canceled entirely. State and local results were also dropped for an assortment of exams. For example, no state-level results will be reported for 12th grade reading and math in 2028, nor will there be district-level results for eighth grade science that year. 

    Related: Our free weekly newsletter alerts you to what research says about schools and classrooms.

    “These are recommendations that we are making with much pain,” said board chair Beverly Perdue, a former North Carolina governor who was appointed to this leadership role in 2018 during President Donald Trump’s first term. “None of us want to do this.”

    The board didn’t provide an official explanation for its moves. But the vice chair, Martin West, a Harvard professor of education, said in an interview that the cuts were an effort to save the 2026 assessments. “A moment of reckoning came more quickly because of the pressures on the program to reduce expenses in real time,” he said. 

    In other words, the board was effectively cutting off the patient’s appendages to try to save the brain and the heart. Despite the sacrifice, it’s still not clear that the gambit will work.

    Related: Chaos and confusion as the statistics arm of the Education Department is reduced to a skeletal staff of 3

    DOGE has been demanding 50 percent cuts to the $190 million a year testing program. Nearly all the work is handled by outside contractors, such as Westat and ETS, and five-year contracts were awarded at the end of 2024. But instead of paying the vendors annually, DOGE has diced the payments into shorter increments, putting pressure on the contractors to accept sharp cuts, according to several former Education Department employees. At the moment, several of the contracts are scheduled to run out of money in May and June, and DOGE’s approval is needed to restart the flow of money. Indeed, DOGE allowed one NAEP contract to run out of funds entirely on March 31, forcing ETS employees to stop work on writing new questions for future exams. 

    Reading and math tests are scheduled to start being administered in schools in January 2026, and so additional disruptions could derail the main NAEP assessment altogether. NAEP is taken by a sample of 450,000 students who are selected to represent all the fourth and eighth graders in the nation, and each student only takes part of a test. This sampling approach avoids the burden of testing every child in the country, but it requires Education Department contractors to make complicated statistical calculations for the number of test takers and the number of test sections needed to produce valid and reliable results. Contractors must then package the test sections into virtual test booklets for students to take online. The Education Department also must get approval from the federal Office of Management and Budget to begin testing in schools — yet another set of paperwork that is handled by contractors. 

    A DOGE dilemma 

    People familiar with the board’s deliberations were concerned that contractors might be pressured to agree to cuts that could harm the quality and the validity of the exam itself. Significant changes to the exam or its administration could make it impossible to compare student achievement with the 2024 results, potentially undermining the whole purpose of the assessment. 

    Board members were ultimately faced with a dilemma. They could cut corners on the full range of assessments or hope to maintain NAEP’s high quality with a much smaller basket of tests. They chose the latter.

    The cuts were designed to comply with congressional mandates. While the Long-Term Trend assessment is required by Congress, the law does not state how frequently it must be administered, and so the governing board has deferred it until 2033. Many testing experts have questioned whether this exam has become redundant now that the main NAEP has a 35-year history of student performance. The board has discussed scrapping this exam since 2017. “The passage of time raises questions about its continued value,” said West.

    Related: NAEP, the Nation’s Report Card, was supposed to be safe. It’s not

    The writing assessments, originally scheduled for 2032 for grades four, eight and 12, needed an overhaul and that would have been an expensive, difficult process especially with current debates over what it means to teach writing in the age of AI.

    The loss of state- and district-level results for some exams, such as high school reading and math, were some of the more painful cuts. The ability to compare student achievement across state lines has been one of the most valuable aspects of the NAEP tests because the comparison can provide role models for other states and districts. 

    Cost cutting

    “Everyone agrees that NAEP can be more efficient,” said West, who added that the board has been trying to cut costs for many years.  But he said that it is tricky to test changes for future exams without jeopardizing the validity and the quality of the current exam. That dual path can sometimes add costs in the short term. 

    It was unclear how many millions of dollars the governing board saved with its assessment cancellations Monday, but the savings are certainly less than the 50 percent cut that DOGE is demanding. The biggest driver of the costs is the main NAEP test, which is being preserved. The contracts are awarded by task and not by assessment, and so the contractors have to come back with estimates of how much the cancellation of some exams will affect its expenses. For example, now that fourth grade science isn’t being administered in 2028, no questions need to be written for it. But field staff will still need to go to schools that year to administer tests, including reading and math, which haven’t been cut.

    Compare old and new assessment schedules

    Outside observers decried the cuts on social media, with one education commentator saying the cancellations were “starting to cut into the muscle.” Science and history, though not mandated by Congress, are important to many. ”We should care about how our schools are teaching students science,” said Allison Socol, who leads preschool to high school policy at EdTrust, a nonprofit that advocates for equity in education. “Any data point you look at shows that future careers will rely heavily on STEM skills.”

    Socol worries that DOGE will not be satisfied with the board’s cuts and demand more. “It’s just so much easier to destroy things than to build them,” she said. “And it’s very easy, once you’ve taken one thing away, to take another one and another one and another one.”

    On April 17, the Education Department announced that the 2026 NAEP would proceed as planned. But after mass layoffs in March, it remained unclear if the department has the capacity to oversee the process, since only two employees with NAEP experience are left out of almost 30 who used to work on the test. McMahon might need to rehire some employees to pull it off, but new hiring would contradict the spirit of Trump’s executive order to close the department.

    Socol fears that the Trump administration doesn’t really want to measure student achievement. “There is a very clear push from the administration, not just in the education sector, to have a lot less information about how our public institutions are serving the people in this country,” Socol said. “It is a lot easier to ignore inequality if you can’t see it, and that is the point.”

    The Education Department did not respond to my questions about their intentions for NAEP. McMahon has been quite forceful in articulating the value of the assessments, but she might not have the final say since DOGE has to approve the NAEP contracts. “What’s very clear is that the office of the secretary does not completely control the DOGE people,” said a person with knowledge of the dynamics inside the Education Department. “McMahon’s views affect DOGE priorities, but McMahon doesn’t have direct control at all.”

    The ball is now in DOGE’s court.  

    Canceled assessments

    • Long-Term Trend (LTT) assessments in math and reading for 9, 13 and 17 year olds in 2029. (The Education Department previously canceled the 2025 LTT for 17 year olds in February 2025.)
    • Science: Fourth-grade in 2028, 12th grade in 2032
    • History: 12th grade in 2030
    • Writing:  Fourth, eighth and 12th grades in 2032
    • State-level results: 12th grade math and reading in 2028 and 2032, eighth grade history in 2030
    • District-level results: Eighth-grade science in 2028 and 2032

    For more details, refer to the new schedule, adopted in April 2025, and compare with the old, now-defunct schedule from 2023. 

    *Correction: An earlier version of this sentence incorrectly said that two administrations of the Long-Term Trend NAEP had been scrapped by the governing board on April 21. Only the 2029 administration was canceled by the board. The 2025 Long-Term Trend NAEP for 17 year olds was canceled by the Education Department in February. Nine- and 13-year-old students had already taken it by April.

    Contact staff writer Jill Barshay at 212-678-3595, jillbarshay.35 on Signal, or barshay@hechingerreport.org.

    This story about NAEP cuts was written by Jill Barshay and produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education. Sign up for Proof Points and other Hechinger newsletters.

    The Hechinger Report provides in-depth, fact-based, unbiased reporting on education that is free to all readers. But that doesn’t mean it’s free to produce. Our work keeps educators and the public informed about pressing issues at schools and on campuses throughout the country. We tell the whole story, even when the details are inconvenient. Help us keep doing that.

    Join us today.

    Source link