Opening arguments began today in the trial of 12 Atlanta educators charged in an alleged cheating conspiracy that came to light in 2009.

Prosecutors claim there was widespread cheating on state tests throughout the city's public schools, affecting thousands of students.

The case has brought national attention to the issue, raising questions about whether the pressures to improve scores have driven a few educators to fudge the numbers, but also about broader consequences.

The trial has also raised an interesting racial dynamic. Atlanta is a majority-black city. All 12 defendants are black, as is Beverly Hall, the former Atlanta superintendent. (Her prosecution has been delayed as she is facing treatment for advanced breast cancer.)

Some studies have shown that more racially concentrated schools are somewhat more likely to be caught up in these scandals. Part of the reason may be in the requirements of No Child Left Behind, the 2001 federal education law that mandates these tests.

That law places emphasis on the schools reducing the so-called "achievement gap," and contains sanctions for schools that fail to do so, up to and including closure.

Schools must report "adequate yearly progress" for groups that tend to struggle: racial and ethnic minorities, low-income students, English language learners, and those with learning disabilities.

That means the more of these types of students a school has, the harder it becomes to make adequate yearly progress. The potential for penalties for a school and its employees, is greater. This disproportionate racial impact is why there's a long history of civil-rights lawsuits opposing high stakes testing.

One study found that teachers under high-stakes testing spent more time teaching

One study found that teachers under high-stakes testing spent more time teaching "bubble kids" who were close to passing, at the expense of students elsewhere on the bell curve.

LA Johnson/NPR

Once, in a sauna at a Korean spa in Queens, I overheard what sounded like two teachers discussing the cheating practices of a third. "You know how she does it," one said. "She'll lean over a student about to put a wrong answer and whisper, 'Check your work.' "

"Yes, and her finger will just happen to be on the right answer," said the other one.

I thought of that exchange when I read that jury selection is underway in Atlanta for an unusual trial. The defendants are 12 former employees of Atlanta Public Schools. They are accused under the state's racketeering laws of conspiring to falsify their students' results on state standardized tests. Dozens more school employees have faced ethics sanctions in a case that has rocked the city of Atlanta for the past few years.

The trial is unusual. It's likely that millions of dedicated teachers around the country spend their entire careers without engaging in the kind of behavior that happened in Atlanta, or that I heard about in that spa.

But high-stakes state standardized tests of this kind are not unusual. They are mandated in nearly every public school by No Child Left Behind, the 2001 federal education law. These tests are high-stakes because they trigger serious consequences for students (like grade promotion and graduation); for schools (like extra resources, reorganization, or closure); for districts (the loss of federal funds); and for school employees (bonuses, demotion, poor evaluations, or firing).

And so the Atlanta trial should bring two questions: How common is cheating on these tests? And short of cheating, what else might be happening in schools as a result of these tests?

The answer to the first question is: No one really knows. But a Government Accountability Office report last year found confirmed reports of cheating on at least one standardized test in 33 states in the school years 2010-'11 and 2011-'12. Thirty-two of the 33 states, the report said, "canceled, invalidated, or nullified" test scores as a result of suspected cheating.

A 2003 paper by the economists Brian Jacob of the University of Michigan and Steven Levitt of the University of Chicago analyzed test answers from the Chicago Public Schools. They found evidence of serious cheating in 3 to 5 percent of elementary school classrooms. That doesn't sound so bad.

But, the experimenters cautioned, their methods captured only the most egregious kinds of cheating: those that came from teachers or administrators actually altering test papers. It's this type of outlandish behavior that's alleged to have occurred in Atlanta, where some schools allegedly held "erasing parties" to change answer sheets behind closed doors.

Jacob and Levitt note that there are other, more subtle ways teachers can cheat, such as giving students more time, or prepping students beforehand with answers to actual test questions.

And that brings us to a broader point. Research shows high-stakes testing can also produce unintended consequences that fall short of outright cheating. Daniel Koretz, the Henry Lee Shattuck Professor of Education at the Harvard Graduate School of Education and an expert in educational testing, writes in Measuring Up: What Educational Testing Really Tells Us, that there are seven potential teacher responses to high-stakes tests:

1. Working more effectively (example: finding better methods of teaching)

2. Teaching more (example: spending more time overall)

3. Working harder (example: giving more homework or harder assignments)

4. Reallocation (example: shifting resources, including time, to emphasize the subjects and types of questions on the test)

5. Alignment (example: matching the curriculum more closely to the material covered on the test)

6. Coaching students (example: prepping students using old tests or even the current test)

7. Cheating

Strategies 1 through 3 pretty much describe what high-stakes testing is supposed to do: raise standards, ignite harder effort from teachers and students, and produce more learning.

Strategies 6 and 7 clearly undermine the effectiveness of tests as a metric of learning, and hurt students in the process. Perhaps 95 percent of educators will never go there.

Strategy 4 (reallocation) and 5 (alignment) are ambiguous. If the test is high quality — if it captures all the most important subjects students need to know — then changing school to prioritize those subjects is, again, exactly what we want to see. In other words, if the test is excellent, then "teaching to the test" can be a very good thing.

On the other hand, if the test captures only a few of the subjects students need to know, or emphasizes, say, memorization over comprehension, then reallocation and alignment can cause students to miss out on other important parts of learning.

There's another kind of reallocation that may go on as well: the reallocation of teaching itself.

Jennifer Booher-Jennings, a sociologist at New York University, describes this as educational "rationing" or "triage." In a pair of research papers published in 2005 and 2006, she draws on field research undertaken at a Texas elementary school after the passage of No Child Left Behind.

She documented teachers diverting resources and time to the group of students who looked like they were closest to passing the test. These kids, who might make the minimum passing score if given intensive help, were described as being "on the bubble."

Correspondingly, the teachers gave less attention to a lower-scoring group that they were encouraged to label as "hopeless cases," as well as the kids who would pass the test no matter what. The upshot was that a relatively small number of students received a disproportionately high amount of the teaching and resources available.

We teach our children not to cheat. The tiny minority of teachers who cheat cross an ethical bright line that harms the entire enterprise of education. But the Atlanta trial should be an opportunity to consider what might be happening in the gray areas as well.

Copyright 2015 NPR. To see more, visit http://www.npr.org/.

Transcript

ROBERT SIEGEL, HOST:

Opening arguments began today in the trial of 12 Atlanta educators. They're charged with cheating on state standardized tests. Prosecutor Fani Willis argued in the courtroom today that this was a widespread conspiracy.

(SOUNDBITE OF TRIAL)

FANI WILLIS: Many conspirators were needed because you can't make the target for the school system in the district by changing one or two tests. It won't work. You need a lot of people at a lot of different schools.

SIEGEL: The case in Atlanta has raised questions nationally about high-stakes testing and whether the pressure to improve scores has driven some educators to fudge the numbers.

RACHEL MARTIN, HOST:

Anya Kamenetz of the NPR ed. team has been reporting on this. She joins us now. Hi, Anya.

ANYA KAMENETZ, BYLINE: Hi, Rachel.

MARTIN: When we say teachers were cheating Atlanta, not the kids, what exactly does that mean? What did they do?

KAMENETZ: It's pretty straightforward in this case. Prosecutors charge that teachers and principals have been erasing test papers - the wrong answers - and bubbling in the right answers.

MARTIN: So we have gotten used to the idea of standardized tests. There are more these tests in schools ever since the 2001 No Child Left Behind law. Atlanta is the most high-profile case of cheating on these kinds of tests, but is this something that's happening other places?

KAMENETZ: It's definitely not just in Atlanta. The former superintendent of the El Paso Independent School District is serving federal time for a similar kind of scandal. A government accountability report found that in the school years 2011 and 2012, 33 states verified evidence of cheating, and 32 of them invalidated tests as a result of that evidence.

MARTIN: All right. So teachers are changing test scores. This is clearly not a desired result of these tests, but have they created any positive change in the schools?

KAMENETZ: Well, any time you have a big sweeping policy change like this, there's going to be a range of responses. Daniel Koretz, who's a reporter at Harvard, has identified a range of seven responses by teachers to high-stakes testing. And the first few are really pretty positive - working more effectively, teaching more, working harder at getting the kids to work harder. Then there are more ambiguous responses - you know, shifting resources, including your time, to spend more time on the types of questions on the test.

MARTIN: Presumably, at the cost of other subjects that then go under-focused.

KAMENETZ: Well, yes. There you go. There are these trade-offs. We make these decisions to test math and reading. And therefore, there's more time for math and reading, less time for sciences and social studies - not to mention physical education and art. And then there's alignment - matching the curriculum to the material, coaching students, which a lot of people would say is an ethical no-no - like, giving them old copies of the test - and of course, outright cheating.

MARTIN: I take it that there are also concerns that schools and teachers are responding to the test in other ways - by, for example, focusing only on certain groups of students to change test scores.

KAMENETZ: Right. So under high-stakes testing, all that matters is the proficiency score - the number of kids who make the minimum cut-off on the test. And so the natural response - it's been identified as educational rationing or educational triage. It's to pick on the kids that are very, very close to passing the test. And you spend less time than with the kids who are, you know, going to ace the test and have no problem. And even more worryingly, you spend less time with kids that, in one school in Texas, were dubbed the hopeless cases.

MARTIN: Atlanta is a city with a majority black population. All 12 defendants in this particular case are African-American, and it is predominantly black students who've been harmed by dysfunctional schools in that city. Can you just lay out for us any racial implications of this case?

KAMENETZ: Well, unfortunately some researchers have found that more racially concentrated schools and more diverse schools with more minority populations are somewhat more likely to be caught up in cheating scandals. And part of the reason for that may be the structure of No Child Left Behind.

You know, they laudably mandated a focus on the so-called achievement gap. And that means if you have a school with more kids who are poor, more kids who are black or Hispanic, more kids who are English language learners that you are going to be struggling. You're really going to be under the gun as an educator, as a school leader to try to get the scores up on that test or face sanctions, closure. And it's for these reasons, actually, that there's a long history of civil rights groups and lawsuits opposing high-stakes testing.

MARTIN: Anya Kamenetz of the NPR ed. team. Thanks so much, Anya.

KAMENETZ: Thank you.

MARTIN: We were talking about the trial of 12 Atlanta educators charged with cheating on state standardized tests. Opening arguments began today. The trial is expected to last at least three months. Transcript provided by NPR, Copyright NPR.

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