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A legal effort to block Texas from releasing school performance ratings has created a divide between district leaders who worry the scores are an inaccurate representation of their work and others who say parents need that information to make choices about their kids’ schooling.

A coalition of about 30 school districts recently sued the Texas Education Agency over the introduction of a computer system to grade the state’s standardized tests, which are used to calculate part of Texas schools’ performance rating. The year before, school districts filed a similar lawsuit arguing that the agency had raised too fast a benchmark that also goes into their score. Judges out of Travis County have sided with the school districts in both cases, ordering temporary injunctions that have kept the TEA from releasing the ratings for two consecutive school years.

The latest lawsuit has been met with wariness from some school leaders, a marked shift from when more than a 100 districts saddled up for the first suit to create a unified front against the TEA.

While the state’s hands have been tied from releasing ratings this year, some school districts in Bexar, Dallas, El Paso and Harris counties have voluntarily released their own campuses’ forecast scores. One board trustee out of Midland’s school district unsuccessfully filed a petition with the court to intervene in the lawsuit, saying time and money were wasted on standardized testing if the public could not access school performance ratings.

“If I'm going to put billboards up and I'm going to put up a fancy website promoting our academic programs or early college high school programs, I believe I owe it to that same community, those same parents, [to] put out scores,” said Xavier de la Torre, the superintendent of the Ysleta school district in El Paso.

The TEA grades every public and charter school in the state on an A-F scale. A failing grade can trigger state sanctions and it can lead the TEA to take over a district in the worst cases. Poor scores can also push families to leave the district and, since schools get money from the state based on enrollment, could lead to less funds.

Some school leaders criticized the automated computer system used to grade the statewide standardized test this year, saying a third party should have reviewed the tool before it was rolled out. They believe statewide drops in reading scores were due to errors with the system and would result in an unfair school rating.

School leaders also said they didn’t get enough notice when TEA introduced stricter expectations for how schools show they’re preparing students for life after graduation. High schools can now only get an “A” rating if 88% of their seniors enrolled in college, pursued a non-college career or entered the military, up from 60%.

Bobby Ott, the superintendent of Temple’s school district, said he never saw the changes to the career readiness benchmarks coming.

“It wasn't even a target we could prepare for, and that was just completely uncalled for,” he said. “In no real-time situation do you measure progress improvement by doing a ‘ready, fire, aim’ approach. There's no system built like that … There's no chance to build to that goal.”

But critics question if back-to-back lawsuits are the best means to raise concerns about the changes. Families have now gone five years without a full picture of how their schools are doing. Texas did not release school ratings in 2020 or 2021 because of the COVID-19 pandemic; in 2022, Texas lawmakers ordered the state to only release A-C ratings.

Ott agreed a legal fight wasn’t the ideal way to settle disputes with the changes but he said lawmakers left districts no choice because they haven’t addressed their concerns.

The Dallas Independent School District was among the districts that joined in on the first lawsuit. A year later, it was one of the first to voluntarily release their own ratings.

“We're all being held to that same calculation. So the fact that [the state’s rating system] is imperfect does not mean that we shouldn't measure it at all,” said Dallas ISD Superintendent Stephanie Elizalde. “I feel like I owe it to our community, and, frankly, to the state of Texas to say, ‘here is where we are.’”

Elizalde said her district joined the first lawsuit because she wanted one more year to understand the new college and career readiness benchmarks before they went into effect. Now that that year had come and passed, Elizalde said her district needed to be transparent about its rating so her team could set performance goals — even if she does share some of the same computer scoring concerns listed in the latest lawsuit.

“If I don’t talk about where we are now, how can I explain how we’re improving?” she said.

Dallas ISD expects to get a C rating this year, a drop from the B it earned in the 2021-22 school year.

Parents lean on A-F scores to understand how their local schools are performing and, if they have the resources, they can use that information to make decisions about where to send their kids to school.

In the El Paso area, school districts in that region are open enrollment, which means families can apply to enroll their child in any school within the district regardless of where they live. The Ysleta, Socorro and El Paso school districts all released their ratings so parents could make informed decisions.

Charter schools leaders say they also benefit from having that information out in the open since many parents find them after assessing local public schools and removing their kids when they are dissatisfied.

“If parents and communities don't understand the levels of performance of the schools in their neighborhoods … across a state standardized metric, then parents are left in the dark,” said Jeff Cottrill, the superintendent of IDEA Public Schools, Texas’ largest charter school.

The fissures forming between district leaders over the A-F accountability system come as next year’s legislative session looms near. Lawmakers are expected to propose new school voucher legislation, which would let families use taxpayer dollars to pay for their children’s private schooling. Districts are also expected to ask for a raise in the base amount of dollars they get per student after five years of no increases.

Elizalde in Dallas worries that withholding information about public schools’ performance might weaken their ask.

"We know we're going to be asking for funding for schools. Am I really in the position to say our schools need funding, but I don't want to tell you how we're doing? It didn't sit right with me."

When asked about how he expects the lawsuit to impact superintendents’ legislative requests, Ott said he hopes the lawsuit will be a catalyst for overhauling the A-F system altogether.

Families in his district have lost trust in the standardized testing system, Ott said. Instead, they want school ratings to measure if schools are safe as well as the experience and tenure of teachers, he added.

“There should be accountability and transparency,” he said. “But they have to be good, solid systems that people can trust and have credibility. And that's the problem right now. It's an antiquated system.”

The Texas Tribune partners with Open Campus on higher education coverage.

Disclosure: IDEA Public Schools has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2024/09/23/texas-schools-accountability-ratings-lawsuit-split/.

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