Monthly Archives: April 2016

Sen. Fran Millar – Not a Fan of the E-SPLOST Language


Stan Jester
DeKalb County
Board Of Education

This past February, the Board of Education approved E-SPLOST V.  On a motion by Mr. Orson, seconded by Mrs. Turner, and with a 5\2 vote, with  Mr. Jester and Mr. McMahan voting no, the motion passed calling for a May, 2016 referendum to authorize a one cent sales tax for five years.
As reported by the AJC, “DeKalb County School District officials could face an uphill battle in May as they ask voters to approve [$500 – $600 million] in taxes for school improvements … While Fulton and Atlanta have provided a list of projects intended for their E-SPLOST dollars, DeKalb’s list is a work in progress.”

Last week State Senator Fran Millar relayed the numerous complaints he has received about the lack of a project list and his concerns about the possible vulnerabilities to a legal challenge in an open letter to Superintendent Green.
Superintendent Green Believes E-SPLOST V Language Meets Requirements (Apr 21, 2016)
Sen. Fran Millar – Not a Fan of the E-SPLOST Language (Apr 20, 2016)

State Senator Fran Millar

Fran Millar
Georgia State Senate, representing District 40

                      April 14, 2016
Dear Dr. Green,  Over the years, I have always supported DeKalb County School ESPLOSTs. However, I expressed my concerns to your staff at the Dunwoody Homeowners meeting at Dunwoody High School about the upcoming vote with no specific projects.I have received numerous complaints about your category proposal with no specific projects and decided to seek legal counsel on the matter.The ESPLOST statute says as to SPLOST terms and conditions that they are to be followed “except as otherwise expressly provided in Article VIII, Section VI, Paragraph IV of the Constitution of Georgia”.
Article VIII, Section VI, Paragraph IV specifies the contents of the resolution calling for the tax:
“(c) The resolution calling for the imposition of the tax and the ballot question shall each describe:
(1) The specific capital outlay projects to be funded …..
(2) The maximum cost of such projects ….
“The specific projects requirement is constitutional. It would override the general purposes language in the SPLOST.
I have gone to the Attorney General, Legislative Counsel and former Governor Roy Barnes’ attorney for their thoughts.
Bottom line, I believe a legal challenge to your planned approach has a good chance of being successful based on the Constitution principles outlined above.
Furthermore, an ESPLOST must be held concurrently with any independent school system ESPLOST in the same county. Atlanta Public Schools are in Atlanta, DeKalb County, and Fulton County.
By not enumerating specific projects, DeKalb may also influence whether Atlanta and Fulton (which did it right) will be affected. Therefore, I have copied their respective Superintendents.
The concurrent requirement in the Constitution means if Atlanta and Fulton are allowed and pass, then DeKalb can do nothing for a number of years.
I strongly suggest you contact your peers and see if they would be willing to wait until next spring for a vote. This will give you time to determine the specific projects and hold your planned community meetings.
Finally, I believe the call for the election must be done by April 25th (29 days in advance) so action on your part is required as soon as possible.
I look forward to hearing how you plan to proceed. Hopefully, you can act in a prompt manner and avoid this potential disaster.
Sincerely,
Senator Fran Millar
District #40

Opting Out of the Georgia Milestones Tests

Last year was the first year for the new state standardized test, the Georgia Milestones.  On Tuesday DeKalb elementary and middle school students will begin 3 weeks of Georgia Milestones testing.
Requirements for graduation and grade promotions were waived last year, and SB 355 passed this year allows students to opt out of state mandated assessments for serious health issues.
Related Posts
2016 Legislative Session (MAR 2016) – Legislative changes to state mandated testing
  Georgia Milestones FAQ (NOV 2015)
  2015 Graduation Rates (NOV 2015) – social promotion and the elimination of the Georgia High School Graduation Test
  Student Promotion – Whose Decision Is It? (SEPT 2014) – Students in grades three, five and eight won’t have to perform at grade level
Knox Phillips is the Director of Research, Assessments, and Grants at the DeKalb County School District who gave us his thoughts on the value of using  Tax Dollars to Pay for AP Exams.  Knox Phillips answers some questions about Georgia Milestones testing.
Question: Can parents opt out of Milestones testing?

Knox Phillips

Knox Phillips: The State of Georgia’s legislation does not permit opt-outs from state mandated assessments (Georgia Law O.C.G.A. §20‐2‐281)
Question: Will the school, district or student be penalized for opting out?
Knox Phillips: Yes. The refusal to participate will impact overall school achievement and CCRPI scores.
Specifically, SBOE Rule 160‐4‐2‐.11, contains the following language that applies when students do not test in a state‐designated promotion/retention grade:
(3)(c) 6. ‘A student’s failure to take the state‐adopted assessment in grades 3, 5, and 8 in reading and/or mathematics on any of the designated testing date(s) or an alternative assessment instrument that is appropriate for the student’s grade level as provided for by the State Board of Education and the local board of education shall result in the student being retained. The option of the parent or guardian or teacher(s) to appeal the decision to retain the student shall follow the procedure set forth in this rule.’
(3)(c) 8. ‘The decision of the placement committee may be appealed only as provided for by the local board of education.’
Designated high school courses require that the Georgia Milestones End of Course (EOC) measures serve as the final exam and that they comprise a defined portion of a student’s final course grade. Specifically, SBOE Rule 160‐4‐2‐.13 states that:
(2)(d). ‘The Georgia Milestones EOC shall be used as the final exam in the courses assessed by a Georgia Mile-stones EOC. Georgia Milestones EOC reports shall provide students, parents, and educators with individual scores on each EOC taken; student scores must be recorded on, in, or with the individual student report card.
(2)(e). ‘For students who entered ninth grade for the first time before July 1, 2011, the numeric score on the Georgia Milestones EOC shall count for 15% of the student’s final numeric grade in the course assessed by the Georgia Milestones EOC.
(2)(f). ‘For students who entered ninth grade for the first time after July 1, 2011, the numeric score on the Georgia Milestones EOC shall count for 20% of the student’s final numeric grade in the course assessed by the Georgia Milestones EOC.
In the absence of the EOC score, the school will lack this portion of the final course grade and would be compelled to calculate that course grade without this required component. Simply put, this would result in a course grade that would not reflect the true achievement of the student.
In addition to the direct impact upon students as noted above, districts and schools receive no credit towards their annual accountability measures when a student does not participate in state testing. This can, in turn, negatively impact both the perception and standing of districts and schools with a broader potential impact upon entire communities. The lack of a test score specifically impacts the required participation rate that schools and districts must meet, along with preventing a complete and accurate picture of the academic performance and quality of instructional programs.
Question: Will the Milestones be required for graduation?
Knox Phillips: Milestones will affect graduation because the End-of-Course assessment for high school students makes up 20% of the final grade in the respective course, which could affect a student’s passing score for required high school courses that are needed for conferral of high school completion and graduation.
Question: Will students in 3rd 5th and 8th grades need to perform at grade level to be promoted?
Knox Phillips: Yes. 3rd, 5th, and 8th grade students must score proficiently on the Reading and Vocabulary components of the ELA End-of-Grade assessment to be considered for promotion. In addition, 5th and 8th grade students must also score at either the Developing Learner, Proficient Learner, or Distinguished Learner achievement level to in mathematics to be promoted to the next grade level (i.e., Levels 2, 3, 4).
Question: If students in 3rd, 5th, or 8th grade opt out, can you use other data points for promotion?
Knox Phillips: Yes. Students in these grade levels will be recommended for retest and summer school due to the lack of available Milestones data. Local schools will begin their local promotion/retention appeals hearings in the month of July. Other data points will be considered by the local school promotion/retention committees and students of parents who refused participation in the Milestones will have to participate in a complementary assessment to measure the skills readiness and provide additional insight into the student’s readiness for the next grade level.
Question: What should parents do if they would like to opt out?
Knox Phillips: According to guidance provided by the State of Georgia and the Georgia Department of Education, Parents who wish to advocate for a change in testing requirements may be encouraged to contact their federal legislators and to work within the legislative process. As stated earlier, both state and federal laws currently require the annual assessment of all students enrolled in public schools in identified grades and courses and neither law nor policy currently allow for a parent to opt a student out of this requirement for any reason.
Parents in DeKalb can express their concerns to local school principals who, in turn, will forward their concerns to the district director for research, assessment, and grants for an official response and guidance to the parent and school principal on the process and next steps.