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Education's Review Process Could Improve State Academic Assessments' 
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Report to the Chairman, Committee on Health, Education, Labor, and 
Pensions, U.S. Senate: 

United States Government Accountability Office: 
GAO: 

September 2009: 

No Child Left Behind Act: 

Enhancements in the Department of Education's Review Process Could 
Improve State Academic Assessments: 

GAO-09-911: 

GAO Highlights: 

Highlights of GAO-09-911, a report to the Chairman, Committee on 
Health, Education, Labor, and Pensions, U.S. Senate. 

Why GAO Did This Study: 

The No Child Left Behind Act of 2001 (NCLBA) requires states to develop 
high-quality academic assessments aligned with state academic 
standards. Education has provided states with about $400 million for 
NCLBA assessment implementation every year since 2002. GAO examined (1) 
changes in reported state expenditures on assessments, and how states 
have spent funds; (2) factors states have considered in making 
decisions about question (item) type and assessment content; (3) 
challenges states have faced in ensuring that their assessments are 
valid and reliable; and (4) the extent to which Education has supported 
state efforts to comply with assessment requirements. GAO surveyed 
state and District of Columbia assessment directors, analyzed Education 
and state documents, and interviewed assessment officials from 
Maryland, Rhode Island, South Dakota, and Texas and eight school 
districts in addition to assessment vendors and experts. 

What GAO Found: 

States reported their overall annual expenditures for assessments have 
increased since passage of the No Child Left Behind Act of 2001 
(NCLBA), which amended the Elementary and Secondary Education Act of 
1965 (ESEA), and assessment development was the largest expense for 
most states. Forty-eight of 49 states that responded to our survey said 
that annual expenditures for ESEA assessments have increased since 
NCLBA was enacted. Over half of the states reported that overall 
expenditures grew due to development of new assessments. Test and 
question—also referred to as item—development was most frequently 
reported by states to be the largest ESEA assessment expense, followed 
by scoring. State officials in selected states reported that alternate 
assessments for students with disabilities were more costly than 
general population assessments. In addition, 19 states reported that 
assessment budgets had been reduced by state fiscal cutbacks. 

Cost and time pressures have influenced state decisions about 
assessment item type—such as multiple choice or open/constructed 
response—and content. States most often chose multiple choice items 
because they can be scored inexpensively within tight time frames 
resulting from the NCLBA requirement to release results before the next 
school year. State officials also reported facing trade-offs between 
efforts to assess highly complex content and to accommodate cost and 
time pressures. As an alternative to using mostly multiple choice, some 
states have developed practices, such as pooling resources from 
multiple states to take advantage of economies of scale, that let them 
reduce cost and use more open/constructed response items. 

Challenges facing states in their efforts to ensure valid and reliable 
assessments involved staff capacity, alternate assessments, and 
assessment security. State capacity to provide vendor oversight varied, 
both in terms of number of state staff and measurement-related 
expertise. Also, states have been challenged to ensure validity and 
reliability for alternate assessments. In addition, GAO identified 
several gaps in assessment security policies that were not addressed in 
Education’s review process for overseeing state assessments that could 
affect validity and reliability. An Education official said that 
assessment security was not a focus of its review. The review process 
was developed before recent efforts to identify assessment security 
best practices. 

Education has provided assistance to states, but issues remain with 
communication during the review process. Education provided assistance 
in a variety of ways, and states reported that they most often used 
written guidance and Education-sponsored meetings and found these 
helpful. However, Education’s review process did not allow states to 
communicate with reviewers during the process to clarify issues, which 
led to miscommunication. In addition, state officials were in some 
cases unclear about what review issues they were required to address 
because Education did not identify for states why its decisions 
differed from the reviewers’ written comments. 

What GAO Recommends: 

GAO recommends that Education (1) incorporate assessment security best 
practices into its peer review protocols, (2) improve communication 
during the review process, and (3) identify for states why its peer 
review decisions in some cases differed from peer reviewers’ written 
comments. Education indicated that it believes its current practices 
are sufficient regarding our first recommendation and agreed with GAO’s 
other two recommendations. 

View [hyperlink, http://www.gao.gov/products/GAO-09-911] or key 
components. For more information, contact Cornelia Ashby at (202) 512-
7215 or AshbyC@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

States Reported That Assessment Spending Has Increased Since NCLBA Was 
Enacted and Test Development Has Been the Largest Assessment Cost in 
Most States: 

States Have Considered Cost and Time in Making Decisions about 
Assessment Item Type and Content: 

States Faced Several Challenges in Their Efforts to Ensure Valid and 
Reliable ESEA Assessments, including Staff Capacity, Alternate 
Assessments, and Assessment Security: 

Education Has Provided Assistance to States, but the Peer Review 
Process Did Not Allow for Sufficient Communication: 

Conclusions: 

Recommendations for Executive Action: 

Agency Comments and Our Evaluation: 

Appendix I: Objectives, Scope, and Methodology: 

Appendix II: Student Population Assessed on ESEA Assessments in School 
Year 2007-08: 

Appendix III: Validity Requirements for Education's Peer Review: 

Appendix IV: Reliability Requirements for Education's Peer Review: 

Appendix V: Alignment Requirements for Education's Peer Review: 

Appendix VI: Item Types Used Most Frequently by States on General and 
Alternate Assessments: 

Appendix VII: Comments from the U.S. Department of Education: 

Appendix VIII: GAO Contact and Staff Acknowledgments: 

Table: 

Table 1: Illustration of Depth of Knowledge Levels: 

Figures: 

Figure 1: Examples of Item Types: 

Figure 2: State Expenditures for Assessment Vendors, 2007-08: 

Figure 3: ESEA Assessment Activities That Received the Largest Share of 
States' Total ESEA Assessment Costs, 2007-08: 

Figure 4: The Number of States Reporting Changes in Item Type Use on 
ESEA Assessments since 2002: 

Figure 5: Number of FTEs Dedicated to ESEA Assessments in States, 2007- 
08: 

Abbreviations: 

ARRA: The American Recovery and Reinvestment Act of 2009: 

AYP: Adequate Yearly Progress: 

CCSSO: Council of Chief State School Officers: 

Education: U.S. Department of Education: 

ESEA: The Elementary and Secondary Education Act: 

FTE: full-time equivalent: 

LEP: Limited English Proficiency: 

NCLBA: The No Child Left Behind Act of 2001: 

NECAP: The New England Common Assessment Program: 

SFSF: State Fiscal Stabilization Fund: 

TAC: Technical Advisory Committee: 

[End of section] 

United States Government Accountability Office: 
Washington, DC 20548: 

September 24, 2009: 

The Honorable Tom Harkin: 
Chairman: 
Committee on Health, Education, Labor, and Pensions: 
United States Senate: 

Dear Mr. Chairman: 

The No Child Left Behind Act of 2001 (NCLBA), which amended the 
Elementary and Secondary Education Act of 1965 (ESEA), aims to improve 
student achievement, particularly among poor and minority students. To 
reach this goal, the law requires states to develop high-quality 
academic assessments aligned with challenging state academic standards 
that measure students' knowledge of reading/language arts, mathematics, 
and science. Student achievement as measured by these assessments is 
the basis for school accountability, including corrective actions such 
as removing principals or implementing new curricula. NCLBA required 
that states test all students in grades 3 through 8 annually in 
mathematics and reading/language arts and at least once in one of the 
high school grades by the 2005-06 school year. It also required that 
states test students in science at least once in elementary, middle, 
and high school by 2007-08. Education has provided states with about 
$400 million for ESEA assessment[Footnote 1] implementation every year 
since 2002. To ensure that assessments appropriately measure student 
achievement, the law requires that assessments be valid and reliable 
and that they measure higher-order thinking skills and understanding. 
The U.S. Department of Education's (Education) guidance defines valid 
assessments as those for which results accurately reflect students' 
knowledge in a subject, and it defines reliable assessments as those 
that produce similar results among students with similar levels of 
knowledge. The law also directs states to assess all students, 
including those with disabilities. For children with significant 
cognitive disabilities, Education has directed states to develop 
alternate assessments that measure achievement on alternate state 
standards designed for these children. 

States have primary responsibility for developing ESEA assessments and 
ensuring their technical quality, and can work with private assessment 
vendors that provide a range of assessment services, such as question 
(item)[Footnote 2] development and scoring. Education provides 
technical assistance and oversees state implementation of ESEA 
assessment requirements through its standards and assessments peer 
review process. In Education's peer review process, a group of experts-
-reviewers--review whether states are complying with ESEA assessment 
requirements, including requirements for validity and reliability, and 
that assessments cover the full depth and breadth of academic 
standards. 

NCLBA increased the number of assessments that states are required to 
develop compared to prior years, and states have reported facing 
challenges in implementing these new assessments. Little is known about 
how federal, state, and local funds have been used for assessments, or 
how states make key decisions as they implement ESEA assessments, such 
as whether to use multiple choice or open/constructed response items. 
To shed light on these issues and to assist Congress in its next 
reauthorization of ESEA, the Chairman of the Senate Committee on 
Health, Education, Labor, and Pensions requested that GAO provide 
information on the quality and funding of student assessments. 
Specifically, you asked GAO to examine the following questions: (1) How 
have state expenditures on ESEA assessments changed since NCLBA was 
enacted in 2002, and how have states spent funds? (2) What factors have 
states considered in making decisions about item type and content of 
their ESEA assessments? (3) What challenges, if any, have states faced 
in ensuring the validity and reliability of their ESEA assessments? (4) 
To what extent has Education supported state efforts to comply with 
ESEA assessment requirements? 

To conduct our work, we used a variety of methods, including reviews of 
Education and state documents, a 50-state survey, interviews with 
Education officials, and site visits in 4 states. We also reviewed 
relevant federal laws and regulations. To learn whether state 
expenditures for assessments have changed since NCLBA enactment, and if 
so, how they have changed, and how states have spent these funds, we 
analyzed responses to our state survey, which was administered to 
assessment directors of the 50 states and the District of Columbia in 
January 2009. We received responses from 49 states, for a 96 percent 
response rate.[Footnote 3] 

We also conducted site visits to four states--Maryland, Rhode Island, 
South Dakota, and Texas--that reflect a range of population size and 
results from Education's assessment peer review. On these site visits 
we interviewed state officials, officials from two districts in each 
state, and technical advisors to each state. 

To gather information about factors states consider when making 
decisions about the item type and content of their assessments, we 
analyzed our survey and interviewed state officials and state technical 
advisors from our site visit states. We reviewed studies from our site 
visit states that evaluated the alignment between state standards and 
assessments, including the level of cognitive complexity in 
assessments, and spoke with representatives from four alignment 
organizations--organizations that evaluate the alignment between state 
standards and assessments--that states hire to conduct these studies. 
These alignment organizations included the three organizations that 
states most frequently hire to conduct alignment studies, and 
representatives of a fourth alignment organization that was used by one 
of our site visit states. 

In addition, we interviewed four assessment vendors that were selected 
because they work with a large number of states to obtain their 
perspectives on ESEA assessments and the assessment industry. We used 
our survey to collect information about challenges states have faced in 
ensuring validity and reliability. We also reviewed state documents 
from our site visit states, such as test security documentation for 
peer review and assessment security protocols, and interviewed state 
officials. We asked our site visit states to review a checklist created 
by the Council of Chief State School Officers (CCSSO), an association 
of state education agencies. A CCSSO official indicated that this 
checklist is still valid for state assessment programs. 

To address the extent of Education's support and oversight of ESEA 
assessment implementation, we reviewed Education guidance, summaries of 
Education assistance, and peer review protocols and training documents, 
and interviewed Education officials in charge of the peer review and 
assistance efforts. 

We conducted this performance audit from August 2008 through September 
2009 in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. 

Background: 

The ESEA was created to improve the academic achievement of 
disadvantaged children.[Footnote 4] The Improving America's Schools Act 
of 1994, which reauthorized ESEA, required states to develop state 
academic content standards, which specify what all students are 
expected to know and be able to do, and academic achievement standards, 
which are explicit definitions of what students must know and be able 
to do to demonstrate proficiency.[Footnote 5] In addition, the 1994 
reauthorization required assessments aligned to those standards. The 
most recent reauthorization of the ESEA, the No Child Left Behind Act 
of 2001, built on the 1994 requirements by, among other things, 
increasing the number of grades and subject areas in which states were 
required to assess students.[Footnote 6] NCLBA also required states to 
establish goals for the percentage of students attaining proficiency on 
ESEA assessments that are used to hold schools and districts 
accountable for the academic performance of students. Schools and 
districts failing to meet state proficiency goals for 2 or more years 
must take actions, proscribed by NCLBA, in order to improve student 
achievement. Every state, district, and school receiving funds under 
Title I, Part A of ESEA--the federal formula grant program dedicated to 
improving the academic achievement of the disadvantaged--is required to 
implement the changes described in NCLBA. 

ESEA assessments may contain one or more of various item types, 
including multiple choice, open/constructed response, checklists, 
rating scales, and work samples or portfolios. GAO's prior work has 
found that item type is a major factor influencing the overall cost of 
state assessments and that multiple choice items are less expensive to 
score than open/constructed response items.[Footnote 7] Figure 1 
describes several item types states use to assess student knowledge. 

Figure 1: Examples of Item Types: 

[Refer to PDF for image: illustration] 

Multiple choice item: 
An item written that offers students two or more answers from which to 
select the best answer to the question or stem statement. 

Open/constructed response item: 
A student provides a brief response to a posed question that may be a 
few words or longer. 

Checklist: 
Often used for observing performance in order to keep track of a 
student's progress or work over time. This can also be used to 
determine whether students have met established criteria on a task. 

Rating scale: 
Used to provide feedback of a student's performance on an assessment 
based on pre-determined criteria. 

Work samples or portfolios: 
A teacher presents tasks for students to perform, and then rates and 
records students’ response for each task. These ratings and responses 
are recorded in student portfolios. 

Source: GAO; images, Art Explosion. 

[End of figure] 

NCLBA authorized additional funding to states for these assessments 
under the Grants for State Assessments program. Each year states have 
received a $3 million base amount regardless of its size, plus an 
additional amount based on its share of the nation's school age 
population. States must first use the funds to pay the cost of 
developing the additional state standards and assessments. If a state 
has already developed the required standards and assessments, NCLBA 
allows these funds to be used to administer assessments or for other 
activities, such as developing challenging state academic standards in 
subject areas other than those required by NCLBA and ensuring that 
state assessments remain valid and reliable. In years that the grants 
have been awarded, the Grants for Enhanced Assessment Instruments 
program (Enhanced Assessment grants) has provided between $4 million 
and $17 million to several states. Applicants for Enhanced Assessment 
grants receive preference if they plan to fund assessments for students 
with disabilities, for Limited English Proficiency (LEP) students or 
are part of a collaborative effort between states. States may also use 
other federal funds for assessment-related activities, such as funds 
for students with disabilities, and funds provided under the American 
Recovery and Reinvestment Act of 2009 (ARRA).[Footnote 8] ARRA provides 
about $100 billion for education through a number of different 
programs, including the State Fiscal Stabilization Fund (SFSF). In 
order to receive SFSF funds, states must provide certain assurances, 
including that the state is committed to improving the quality of state 
academic standards and assessments. In addition, Education recently 
announced plans to make $4.35 billion in incentive grants available to 
states through SFSF on a competitive basis. These grants--referred to 
by Education as the Race to the Top program--can be used by states for, 
among other things, improving the quality of assessments. 

Like other students, those with disabilities must be included in 
statewide ESEA assessments. This is accomplished in different ways, 
depending on the effects of a student's disability. Most students with 
disabilities participate in the regular statewide assessment either 
without accommodations or with appropriate accommodations, such as 
having unlimited time to complete the assessments, using large print or 
Braille editions of the assessments, or being provided individualized 
or small group administration of the assessments. States are permitted 
to use alternate academic achievement standards to evaluate the 
performance of students with the most significant cognitive 
disabilities. Alternate achievement standards must be linked to the 
state's grade-level academic content standards but may include 
prerequisite skills within the continuum of skills culminating in grade-
level proficiency. For these students, a state must offer alternate 
assessments that measure students' performance. For example, the 
alternate assessment might assess students' knowledge of fractions by 
splitting groups of objects into two, three, or more equal parts. While 
alternate assessments can be administered to all eligible children, the 
number of proficient and advanced scores from alternate assessments 
based on alternate achievement standards included in Adequate Yearly 
Progress (AYP)[Footnote 9] decisions generally is limited to 1 percent 
of the total tested population at the state and district levels. 
[Footnote 10] In addition, states may develop modified academic 
achievement standards--achievement standards that define proficiency at 
a lower level than the achievement standards used for the general 
assessment population, but are still aligned with grade-level content 
standards--and use alternate assessments based on those standards for 
eligible students whose disabilities preclude them from achieving grade-
level proficiency within the same period of time as other students. 
States may include scores from such assessments in making AYP decisions 
but those scores generally are capped at 2 percent of the total tested 
population.[Footnote 11] 

States are also required to include LEP students in their ESEA 
assessments. To assess these students, states have the option of 
developing assessments in students' native languages. These assessments 
are designed to cover the content in state academic content standards 
at the same level of difficulty and complexity as the general 
assessments.[Footnote 12] In the absence of native language 
assessments, states are required to provide testing accommodations for 
LEP students, such as providing additional time to complete the test, 
allowing the use of a dictionary, administering assessments in small 
groups, or simplified instructions. 

By law, Education is responsible for determining whether or not states' 
assessments comply with statutory requirements. The standards and 
assessments peer review process used by Education to determine state 
compliance began under the 1994 reauthorization of ESEA and is an 
ongoing process that states go through whenever they develop new 
assessments. In the first step of the peer review process, a group of 
at least three experts--peer reviewers--examines evidence submitted by 
the state to demonstrate compliance with NCLBA requirements, identifies 
areas for which additional state evidence is needed, and summarizes 
their comments. The reviewers are state assessment directors, 
researchers, and others selected for their expertise in assessments. 
After the peer reviewers complete their review, an Education official 
assigned to the state reviews the peer reviewers' comments and the 
state's evidence and, using the same guidelines as the peer reviewers, 
makes a recommendation on whether the state meets, partially meets, or 
does not meet each assessment system critical element and on whether 
the state's assessment system should be approved. A group of Education 
officials from the relevant Education offices--including a 
representative from the Office of the Assistant Secretary of Elementary 
and Secondary Education--meet as a panel to discuss the findings. The 
panel makes a recommendation about whether to approve the state and the 
Assistant Secretary makes the final approval decision. Afterwards a 
letter is sent to the state notifying them of whether they have been 
approved, and--if the state was not approved--Education's letter 
identifies why the state was not approved. States also receive a copy 
of the peer reviewers' written comments as a technical assistance tool 
to support improvement. 

Education has the authority to withhold federal funds provided for 
state administration until it determines that the state has fulfilled 
ESEA assessment requirements and has taken this step with several 
states since NCLBA was enacted. Education also provides states with 
technical assistance in meeting the academic assessment requirements. 

ESEA assessments must be valid and reliable for the purposes for which 
they are intended and aligned to challenging state academic standards. 
Education has interpreted these requirements in its peer review 
guidance to mean that states must show evidence of technical quality-- 
including validity and reliability--and alignment with academic 
standards. According to Education's peer review guidance, the main 
consideration in determining validity is whether states have evidence 
that their assessment results can be interpreted in a manner consistent 
with their intended purposes. See appendix III for a complete 
description of the evidence used by Education to determine validity. 

A reliable assessment, according to the peer review guidance, minimizes 
the many sources of unwanted variation in assessment results. To show 
evidence of consistency of assessment results, states are required to 
(1) make a reasonable effort to determine the types of error that may 
distort interpretations of the findings, (2) estimate the likely 
magnitude of these distortions, and (3) make every possible effort to 
alert the users to this lack of certainty. As part of this requirement, 
states are required to demonstrate that assessment security guidelines 
are clearly specified and followed. See appendix IV for a full 
description of the reliability requirements. 

Alignment, according to Education's peer review guidance, means that 
states' assessment systems adequately measure the knowledge and skills 
specified in state academic content standards. If a state's assessments 
do not adequately measure the knowledge and skills specified in its 
content standards or if they measure something other than what these 
standards specify, it will be difficult to determine whether students 
have achieved the intended knowledge and skills. See appendix V for 
details about the characteristics states need to consider to ensure 
that its standards and assessments are aligned. 

In its guidance and peer review process, Education requires that--as 
one component of demonstrating alignment between state assessments and 
academic standards--states must demonstrate that their assessments are 
as cognitively challenging as their standards. To demonstrate this, 
states have contracted with organizations to assess the alignment of 
their ESEA assessments with the states' standards. These organizations 
have developed similar models of measuring the cognitive challenge of 
assessment items. For example, the Webb model categorizes items into 
four levels--depths of knowledge--ranging in complexity from level 1-- 
recall, which is the least difficult for students to answer, to level 
4--extended thinking, which is the most difficult for students to 
answer. Table 1 provides an illustration, using the Webb model, of how 
depth of knowledge levels may be measured. 

Table 1: Illustration of Depth of Knowledge Levels: 

Depth of knowledge level: Level 1 - Recall; 
Description: Includes the recall of information such as a fact, 
definition, term, or a simple procedure, as well as performing a simple 
algorithm or applying a formula. Other key words that signify a Level 1 
activity include "identify," "recall," "recognize," "use," and 
"measure." 

Depth of knowledge level: Level 2 - Skill/Concept; 
Description: Includes the engagement of some mental processing beyond a 
habitual response. A Level 2 assessment item requires students to make 
some decisions as to how to approach the problem or activity. Keywords 
that generally distinguish a Level 2 item include "classify," 
"organize," "estimate," "make observations," "collect and display 
data," and "compare data." These actions imply more than one step. 
Other Level 2 activities include noticing and describing non-trivial 
patterns; explaining the purpose and use of experimental procedures; 
carrying out experimental procedures; making observations and 
collecting data; classifying, organizing, and comparing data; and 
organizing and displaying data in tables, graphs, and charts. 

Depth of knowledge level: Level 3 - Strategic Thinking; 
Description: Requires reasoning, planning, using evidence, and a higher 
level of thinking than the previous two levels. In most instances, 
requiring students to explain their thinking is a Level 3. Activities 
that require students to make conjectures are also at this level. The 
cognitive demands at Level 3 are complex and abstract. The complexity 
does not result from the fact that there are multiple answers, a 
possibility for both Levels 1 and 2, but because the task requires more 
demanding reasoning. Other Level 3 activities include drawing 
conclusions from observations, citing evidence and developing a logical 
argument for concepts, explaining phenomena in terms of concepts, and 
using concepts to solve problems. 

Depth of knowledge level: Level 4 - Extended Thinking; 
Description: Requires complex reasoning, planning, developing, and 
thinking most likely over an extended period of time. At Level 4, the 
cognitive demands of the task should be high and the work should be 
very complex. Students should be required to make several connections--
relate ideas within the content area or among content areas--and would 
have to select one approach among many alternatives on how the 
situation should be solved, in order to be at this highest level. Level 
4 activities include developing and proving conjectures; designing and 
conducting experiments; making connections between a finding and 
related concepts and phenomena; combining and synthesizing ideas into 
new concepts; and critiquing experimental designs. 

Source: Norman L. Webb, Issues Related to Judging the Alignment of 
Curriculum Standards and Assessments, April 2005. 

[End of table] 

States Reported That Assessment Spending Has Increased Since NCLBA Was 
Enacted and Test Development Has Been the Largest Assessment Cost in 
Most States: 

Assessment Expenditures Have Grown in Nearly Every State since 2002, 
and Most States Reported Spending More for Vendors than State Staff: 

State ESEA assessment expenditures have increased in nearly every state 
since the enactment of NCLBA in 2002, and the majority of these states 
reported that adding assessments was a major reason for the increased 
expenditures. Forty-eight of 49 states that responded to our survey 
said their states' overall annual expenditures for ESEA assessments 
have increased, and over half of these 48 states indicated that adding 
assessments to their state assessment systems was a major reason for 
increased expenditures[Footnote 13]. In other cases, even states that 
were testing students in reading/language arts and mathematics in all 
of the grades that were required when NCLBA was enacted reported that 
assessment expenditures increased due to additional assessments. For 
example, officials in Texas--which was assessing general population 
students in all of the required grades at the time NCLBA was enacted-- 
told us that they created additional assessments for students with 
disabilities. 

In addition to the cost of adding new assessments, states reported that 
increased vendor costs have also contributed to the increased cost of 
assessments. On our survey, increasing vendor costs was the second most 
frequent reason that states cited for increased ESEA assessment costs. 
One vendor official told us that shortly after the 2002 enactment of 
NCLBA, states benefited from increased competition because many new 
vendors entered the market and wanted to gain market share, which drove 
down prices. In addition, vendors were still learning about the level 
of effort and costs required to complete this type of work. 
Consequently, as the ESEA assessment market has stabilized and vendors 
have gained experience pricing assessments, the cost of ESEA assessment 
contracts have increased to reflect the true cost of vendor assessment 
work. One assessment vendor that works with over half of the states on 
ESEA assessments told us that vendor costs have also been increasing as 
states have been moving toward more sophisticated and costly procedures 
and reporting. 

Nearly all states reported higher expenditures for assessment vendors 
than for state assessment staff. According to our survey responses, 44 
out of the 46 states that responded said that of the total cost of ESEA 
assessments, much more was paid to vendors than to state employees. For 
example, one state reported it paid approximately $83 million to 
vendors and approximately $1 million to state employees in the 2007-08 
school year. The 20 states that provided information for the costs of 
both vendors and state employees in 2007-08 reported spending more than 
$350 million for vendors to develop, administer, score, and report the 
results of ESEA assessments--more than 10 times the amount they spent 
on state employees. 

State expenditures for ESEA assessment vendors, which were far larger 
than expenditures for state staff, varied. Spending for vendors on ESEA 
assessments in the 40 states that reported spending figures on our 
survey ranged from $500,000 to $83 million, and in total all 40 states 
spent more than $640 million for vendors to develop, administer, score, 
and report results of the ESEA assessments in 2007-08. The average cost 
in these 40 states was about $16 million. See figure 2 for the 
distribution of state expenditures for vendors in 2007-08. 

Figure 2: State Expenditures for Assessment Vendors, 2007-08: 

[Refer to PDF for image: vertical bar graph] 

Dollar amounts states spent on assessment vendors: Below $15 million; 
Number of states: 26. 
	
Dollar amounts states spent on assessment vendors: $15 million-$60 
million; 
Number of states: 12. 

Dollar amounts states spent on assessment vendors: Over $60 million; 
Number of states: 2. 

Source: GAO survey. 

[End of figure] 

Over half of the states reported that the majority of their funding for 
ESEA assessments--including funding for expenses other than vendors-- 
came from their state governments. Of the 44 states that responded to 
the survey question, 26 reported that the majority of their state's 
total funding for ESEA assessments came from state government funds for 
2007-08, and 18 reported that less than half came from state funds. For 
example, officials from one state that we visited, Maryland, reported 
that 84 percent of their total funding for ESEA assessments came from 
state government funds and that 16 percent of the state's funding for 
ESEA assessments came from the federal Grants for State Assessments 
program in 2007-08. In addition to state funds, all states reported 
using Education's Grants for State Assessments for ESEA assessments, 
and 17 of 45 states responding to the survey question reported using 
other federal funds for assessments. One state reported that all of its 
funding for ESEA assessments came from the Grants for State Assessments 
program. The other federal funds used by states for assessments 
included Enhanced Assessment grants. 

The Majority of States Reported That Assessment Development Was the 
Most Expensive Component of the Assessment Process; Development Has 
Been More Challenging for Small States: 

More than half of the states reported that assessment development costs 
were more expensive than any other component of the student assessment 
process, such as administering or scoring assessments.[Footnote 14] 
Twenty-three of 43 states that responded to the question in our survey 
told us that test and item development and revision was the largest 
assessment cost for 2007-08. For example, Texas officials said that the 
cost of developing tests is higher than the costs associated with any 
other component of the assessment process. After test and item 
development costs, scoring was most frequently cited as the most costly 
activity, with 12 states reporting it as their largest assessment cost. 
Similarly, states reported that test and item development was the 
largest assessment cost for alternate assessments, followed by scoring. 
See figure 3 for more information. 

Figure 3: ESEA Assessment Activities That Received the Largest Share of 
States' Total ESEA Assessment Costs, 2007-08: 

[Refer to PDF for image: horizontal bar graph] 

General ESEA assessment activities: 
Number of states responding: Test development: 23; 
Number of states responding: Scoring of test: 12; 
Number of states responding: Test administration: 8. 

Alternate assessment with alternate achievement standards: 
Number of states responding: Test development: 23; 
Number of states responding: Scoring of test: 15; 
Number of states responding: Test administration: 4. 

Alternate assessment with modified achievement standards: 
Number of states responding: Test development: 7; 
Number of states responding: Scoring of test: 2; 
Number of states responding: Test administration: 1. ` 

Source: GAO survey data. 

[End of figure] 

The cost of developing assessments was affected by whether states 
release assessment items to the public.[Footnote 15] According to state 
and vendor officials, development costs are related to the percentage 
of items states release to the public every year because new items must 
be developed to replace released items. According to vendor officials, 
nearly all states release at least some test items to the public, but 
they vary in the percentage of items that they release. In states that 
release 100 percent of their test items each year, assessment costs are 
generally high and steady over time because states must develop 
additional items every year. However, some states release only a 
portion of items. For example, Rhode Island state officials told us 
that they release 20 to 50 percent of their reading and math assessment 
items every year. State and vendor officials told us that despite the 
costs associated with the release of ESEA assessment items, releasing 
assessment items builds credibility with parents and helps policymakers 
and the public understand how assessment items relate to state content 
standards. 

The cost of development has been particularly challenging for smaller 
states.[Footnote 16] Assessment vendors and Education officials said 
that the price of developing an assessment is fixed regardless of state 
size and that, as a result smaller states with fewer students usually 
have higher per pupil costs for development. For example, state 
assessment officials from South Dakota told us that their state and 
other states with small student populations have the same development 
costs as states with large assessment populations, regardless of the 
number of students being assessed. In contrast to development costs, 
administration and scoring costs vary based on the number of students 
being assessed and the item types used. Although large and small states 
face similar costs for development, each has control over some factors--
such as item type and releasing test items--that can increase or 
decrease costs. 

Selected States Are Concerned about Costs of Developing and 
Administering Alternate Assessments for Students with Disabilities and 
Budget Cuts: 

State officials from the four states we visited told us that alternate 
assessments based on alternate achievement standards were far more 
expensive on a per pupil basis than general assessments. In Maryland, 
state officials told us that general assessments cost $30 per pupil, 
and alternate assessments cost between $300 and $400 per pupil. Rhode 
Island state officials also reported that alternate assessments cost 
much more than general assessments. These officials also said that, in 
addition to direct costs, the administration of alternate assessments 
has resulted in significant indirect costs, such as professional 
development for teachers. Technical advisors and district and state 
officials told us that developing alternate assessments is costly on a 
per pupil basis because the number of students taking these assessments 
is small. See appendix VI for more information about states' use of 
various item types for alternate assessments. 

In light of recent economic conditions, many states have experienced 
fiscal reductions, including within ESEA assessment budgets. As of 
January 2009, 19 states said their state's total ESEA assessment budget 
had been reduced as a result of state fiscal cutbacks. Fourteen states 
said their state's total ESEA assessment budgets had not been reduced, 
but 10 of these states also said they anticipated future reductions. 
Half of the 46 states that responded to the question told us that in 
developing their budget proposals for the next fiscal year they 
anticipated a reduction in state funds for ESEA assessments. For 
example, one state that responded to our survey said it had been asked 
to prepare for a 15 percent reduction in state funds. 

States Have Considered Cost and Time in Making Decisions about 
Assessment Item Type and Content: 

States Used Primarily Multiple Choice Items in Their ESEA Assessments 
Because They Are Cost-Effective and Can Be Scored within Tight Time 
Frames for Reporting Results: 

States have most often chosen multiple choice items over other item 
types on assessments. In 2003, we reported that the majority of states 
used a combination of multiple choice and a limited number of open- 
ended items for their assessments.[Footnote 17] According to our 
survey, multiple choice items comprise the majority of unweighted score 
points (points)--the number of points that can be earned based on the 
number of items answered correctly--for ESEA reading/language arts and 
mathematics general assessments administered by most responding states. 
Specifically, 38 of 48 states that responded said that multiple choice 
items comprise all or most of the points for their reading/language 
arts assessments, and 39 states said that multiple choice items 
comprise all or most of the points for mathematics assessments. Open/ 
constructed response items are the second most frequently used item 
type for reading/language arts or mathematics general assessments. All 
states that responded to our survey reported using multiple choice 
items on their general reading/language arts and mathematics 
assessments, and most used some open/constructed response items. See 
appendix VI for more information about the types of items used by 
states on assessments. 

Some states also reported on our survey that, since 2002, they have 
increased their use of multiple choice items and decreased their use of 
other item types. Of the 47 states that responded to our survey 
question, 10 reported increasing the use of multiple choice items on 
reading/language arts general assessments, and 11 reported increasing 
their use of multiple choice items on mathematics assessments. For 
example, prior to the enactment of NCLBA, Maryland administered an 
assessment that was fully comprised of open/constructed response items, 
but state assessment officials told us that they have moved to an 
assessment that is primarily multiple choice and plan to eliminate 
open/constructed response items from assessments. However, several 
states reported that they have decreased the use of multiple choice 
items and/or increased the use of open/constructed response items. For 
more information about how states reported changing the mix of items on 
their assessments, see figure 4. 

Figure 4: The Number of States Reporting Changes in Item Type Use on 
ESEA Assessments since 2002: 

[Refer to PDF for image: illustration] 

Reading/language arts: 
Upward changes, multiple choice: 10; 
Upward changes, open/constructed response: 5; 
Downward changes, multiple choice: 4; 
Downward changes, open/constructed response: 11. 

Mathematics: 
Upward changes, multiple choice: 11; 
Upward changes, open/constructed response: 5; 
Downward changes, multiple choice: 4; 
Downward changes, open/constructed response: 13. 

Source: GAO. 

[End of figure] 

States reported that total cost of use and the ability to score 
assessments quickly were key considerations in choosing multiple choice 
item types. In response to our survey, most states reported considering 
the cost of different item types and the ability to score the tests 
quickly when making decisions about item types for ESEA assessments. 
Officials from the states we visited reported choosing multiple choice 
items because they can be scored inexpensively within challenging time 
frames. State officials, assessment experts, and vendors told us that 
multiple choice item types are scored electronically, which is 
inexpensive, but that open/constructed response items are usually 
scored manually, making them more expensive to score. Multiple scorers 
of open/constructed response items are sometimes involved to ensure 
consistency, but this also increases costs. In addition, state 
officials said that training scorers of open/constructed response items 
is costly. For example, assessment officials in Texas told us that the 
state has a costly 3-week long training process for teachers to become 
qualified to assess the open-ended responses. State assessment 
officials also told us that they used multiple choice items because 
they can be scored quickly, and assessment vendors reported that states 
were under pressure to release assessment results to the public before 
the beginning of the next school year in accordance with NCLBA 
requirements. For example, assessment officials from South Dakota told 
us that they explored using open/constructed response items on their 
assessments but that they ultimately determined it would not be 
feasible to return results in the required period of time. States also 
reported considering whether item types would meet certain technical 
considerations, such as validity and reliability. Texas assessment 
officials said that using multiple choice items allows the state more 
time to check test scores for reliability. 

States Reported That the Use of Multiple Choice Items in Assessments 
Has Limited the Content and Complexity of What They Test: 

Despite the cost-and time-saving benefits to states, the use of 
multiple choice items on assessments has limited the content included 
in the assessments. Many state assessment officials, alignment experts, 
and vendor officials told us that items possess different 
characteristics that affect how amenable they are to testing various 
types of content. State officials and their technical advisors told us 
that they have faced significant trade-offs between their efforts to 
assess highly cognitively complex content and their efforts to 
accommodate cost and time pressures. All four of the states that we 
visited reported separating at least a minor portion of standards into 
those that are used for ESEA assessment and those that are for 
instructional purposes only. Three of the four states reported that 
standards for instructional purposes only included highly cognitively 
complex material that could not be assessed using multiple choice 
items. For example, a South Dakota assessment official told us that a 
cognitively complex portion of the state's new reading standards could 
not be tested by multiple choice; therefore, the state identified these 
standards as for instructional purposes only and did not include them 
in ESEA assessments. In addition to these three states, officials from 
the fourth state--Maryland--told us that they do not include certain 
content in their standards because it is difficult to assess. Many 
state officials and experts we spoke with told us that multiple choice 
items limit states from assessing highly cognitively complex content. 
For example, Texas assessment officials told us that some aspects of 
state standards, such as a student's ability to conduct scientific 
research, cannot be assessed using multiple choice. 

Representatives of the alignment organizations told us that it is 
difficult, and in some cases not possible, to measure highly 
cognitively complex content with multiple choice items. Three of the 
four main groups that conduct alignment studies, including alignment 
studies for all of our site visit states, told us that states cannot 
measure content of the highest complexity with multiple choice and that 
ESEA assessments should include greater cognitive complexity. Maryland 
state officials said that before NCLBA was enacted the state 
administered an assessment that was fully comprised of open/constructed 
response items. Maryland technical advisors told us that because the 
state faced pressure to return assessment results quickly, the state 
changed its test to include mostly multiple choice items, but that this 
had limited the content assessed in the test. According to an analysis 
performed in 2002 after the enactment of NCLBA, of 36 scorable items on 
one Maryland high school mathematics assessment, about 94 percent of 
the items were rated at the two lowest levels of cognitive demand, out 
of four levels based on an independent alignment review.[Footnote 18], 
[Footnote 19] Representatives of all four alignment groups told us that 
multiple choice items can measure intermediate levels of cognitive 
complexity, but it is difficult and costly to develop these items. 
These alignment experts said that developing multiple choice items that 
measure cognitively challenging content is more expensive and time- 
consuming than for less challenging multiple choice items. 

Vendor officials had differing views about whether multiple choice 
items assess cognitively complex content. For example, officials from 
three vendors said that multiple choice items can address cognitively 
complex content. However, officials from another vendor told us that it 
is not possible to measure certain highly cognitively complex content 
with multiple choice items. Moreover, two other vendors told us that 
there are certain content and testing purposes that are more amenable 
to assessment with item types other than with multiple choice items. 
Several of the vendors reported that there are some standards that, 
because of practical limitations faced by states, cannot be assessed on 
standardized, paper-and-pencil assessments. For example, one vendor 
official told us that performance-based tasks enabled states to assess 
a wider variety of content but that the limited funds and quick 
turnaround times required under the law require states to eliminate 
these item types. 

Although most state officials, state technical advisors, and alignment 
experts said that ESEA assessments should include more open/constructed 
response items and other item types, they also said that multiple 
choice items have strengths and that there are challenges with other 
types of items. For example, in 2008 a national panel of assessment 
experts appointed and overseen by Education reported that multiple 
choice items do not measure different aspects of mathematics competency 
than open/constructed response items. Also, alignment experts said that 
multiple choice items can quickly and effectively assess lower level 
content, which is also important to assess. Moreover, open/constructed 
response items do not always assess highly complex content, according 
to an alignment expert. This point has been corroborated by several 
researchers who have found that performance tasks, which are usually 
intended to assess higher-level cognitive content may inadvertently 
measure low-level content.[Footnote 20] For example, one study 
describes a project in which students were given a collection of 
insects and asked to organize them for display. High-scoring students 
were supposed to demonstrate complex thinking skills by sorting insects 
based on scientific classification systems, rather than less complex 
criteria, such as whether or not insects are able to fly. However, 
analysis of student responses showed that high scorers could not be 
distinguished from low scorers in terms of their knowledge of the 
insects' features or of the scientific classification system.[Footnote 
21] 

The presence or absence of highly complex content in assessments can 
impact classroom curriculum. Several research studies have found that 
content contained in assessments influences what teachers teach in the 
classroom. One study found that including open-ended items on an 
assessment prompted teachers to ask students to explain their thinking 
and emphasize problem solving more often.[Footnote 22] Assessment 
experts told us that the particular content that is tested impacts 
classroom curriculum. For example, one assessment expert told us that 
the focus on student results, combined with the focus on multiple 
choice items, has led to teachers teaching a narrow curriculum that is 
focused on basic skills. 

Under the federal peer review process, Education and peer reviewers 
examined evidence that ESEA assessments are aligned with the state's 
academic standards. Specifically, peer reviewers examined state 
evidence that assessments cover the full depth and breadth of the state 
academic standards in terms of cognitive complexity and level of 
difficulty. However, consistent with federal law, it is Education's 
policy not to directly examine a state's academic standards, 
assessments, or specific test items.[Footnote 23] Education officials 
told us that it is not the department's role to evaluate standards and 
assessments themselves and that few at Education have the expertise 
that would be required to do so. Instead, they explained that 
Education's role is to evaluate the evidence provided by states to 
determine whether the necessary requirements are met. 

States Used Alternative Practices to Reduce Cost and Meet Quick 
Turnaround Times while Attempting to Assess Complex Material: 

As an alternative to using mostly multiple choice items on ESEA 
assessments, states used a variety of practices to reduce costs and 
meet quick turnaround times while also attempting to assess cognitively 
complex material. For example, some states have developed and 
administered ESEA assessments in collaboration with other states, which 
has allowed these states to pool resources and use a greater diversity 
of item types. In addition, some states administered assessments at the 
beginning of the year that test students on material taught during the 
prior year to allow additional time for scoring of open-response items, 
or administered assessments online to decrease turnaround time for 
reporting results. States have reported advantages and disadvantages 
associated with each of these practices: 

* Collaboration among states: All four states that we visited-- 
Maryland, Texas, South Dakota, and Rhode Island--indicated interest in 
collaborating with other states in the development of ESEA reading/ 
language arts or mathematics assessments, as of March 2009, but only 
Rhode Island was. Under the New England Common Assessments Program 
(NECAP), Rhode Island, Vermont, New Hampshire, and Maine share a 
vendor, a common set of standards, and item development costs. Under 
this agreement, the cost of administration and scoring are based on per 
pupil rates. NECAP states use a combination of multiple choice, short 
answer, and open/constructed response items. According to Rhode Island 
assessment officials, more rigorous items, including half of their math 
items, are typically embedded within open/constructed response items. 

When asked about the benefits of working in collaboration with other 
states to develop ESEA assessments, assessment officials for Rhode 
Island told us that the fiscal savings are very apparent. Specifically, 
they stated that Rhode Island will save approximately $250,000 per year 
with the addition of Maine to the NECAP consortium because, as Rhode 
Island assessment officials noted, Maine will take on an additional 
share of item development costs. Also, officials said that with a multi-
state partnership, Rhode Island is able to pay more for highly skilled 
people who share a common vision. Finally, they said that higher 
standards are easier to defend politically as part of collaboration 
because there are more stakeholders in favor of them. An assessment 
expert from New Hampshire said that the consortium has been a 
"lifesaver" because it has saved the state considerable funding and 
allowed it to meet ESEA assessment requirements. 

Assessment experts from Rhode Island and New Hampshire told us that 
there are some challenges to working in collaboration with other states 
to develop ESEA assessments. Because decisions are made by consensus 
and the NECAP states have philosophical differences in areas such as 
item development, scoring, and use of item types, decision-making is a 
lengthy process. In addition, a Rhode Island official said that 
assessment leadership in the states changes frequently, which also 
makes decision-making difficult. 

* Beginning of year test administration: NECAP states currently 
administer assessments in the beginning of the year, which eases time 
pressures associated with the scoring of open/constructed response 
items. As a result, the inclusion of open/constructed response items on 
the assessment has been easier because there is enough time to meet 
NCLBA deadlines for reporting results. However, Rhode Island officials 
said that there are challenges to administering tests at the beginning 
of the year. For example, one official stated that coordinating testing 
with the already challenging start of school is daunting. For example, 
she said that state assessment officials are required to use school 
enrollment lists to print school labels for individual tests, but 
because enrollment lists often change in the beginning of the year, 
officials are required to correct a lot of data. District assessment 
officials also cited this as a major problem. 

* Computerized testing: Of the states we visited, Texas was the only 
one administering a portion of its ESEA assessments online, but 
Maryland and Rhode Island were moving toward this goal. One assessment 
vendor with whom we spoke said that many states are anticipating this 
change in the not-too-distant future. Assessment vendors and state 
assessment officials cited some major benefits of online assessment. 
For example, one vendor told us that online test administration reduces 
costs by using technology for automated scoring. They also told us that 
states are using online assessments to address cognitively complex 
content in standards that are difficult to assess, such as scientific 
knowledge that is best demonstrated through experiments. In addition, 
assessment officials told us that online assessments are less 
cumbersome and easier than paper tests to manage at the school level if 
schools have the required technology and that they enable quicker 
turnaround on scores. State and district assessment officials and a 
vendor with whom we spoke also cited several challenges associated with 
administering tests online, including security of the tests; 
variability in students' computer literacy; strain on school computer 
resources, computer classrooms/labs, and interruption of classroom/lab 
instruction; and lack of necessary computer infrastructure. 

States Faced Several Challenges in Their Efforts to Ensure Valid and 
Reliable ESEA Assessments, including Staff Capacity, Alternate 
Assessments, and Assessment Security: 

States Varied in Their Capacity to Guide and Oversee Vendors: 

State officials are responsible for guiding the development of the 
state assessment program and overseeing vendors, but states varied in 
their capacity to fulfill these roles. State officials reported that 
they are responsible for making key decisions about the direction of 
their states' assessment programs, such as whether to develop alternate 
assessments based on modified achievement standards, or online 
assessments. In addition, state officials said that they are 
responsible for overseeing the assessment vendors used by their states. 
However, state assessment offices varied based on the measurement 
expertise of their staff. About three-quarters of the 48 responding 
states had at least one state assessment staff member with a Ph.D. in 
psychometrics or another measurement-related field. Three states-- 
North Carolina, South Carolina, and Texas--each reported having five 
staff with this expertise. However, 13 states did not have any staff 
with this expertise. In addition, states varied in the number of full- 
time equivalent professional staff (FTE) dedicated to ESEA assessments 
from 55 professional staff in Texas to 1 professional staff in Idaho 
and the District of Columbia. See figure 5 for more information about 
the number of FTEs dedicated to ESEA in the states. 

Figure 5: Number of FTEs Dedicated to ESEA Assessments in States, 2007- 
08: 

[Refer to PDF for image: vertical bar graph] 

Number of FTEs: 1 to 5; 
Number of states: 11. 
	
Number of FTEs: 6 to 15; 
Number of states: 21. 	 

Number of FTEs: 16 to 25; 
Number of states: 6. 
	
Number of FTEs: 26 and up; 
Number of states: 6. 

Source: GAO survey. 

[End of figure] 

Small states had less assessment staff capacity than larger states. The 
capacity of state assessment offices was related to the amount of 
funding spent on state assessment programs in different states, 
according to state officials. For example, South Dakota officials told 
us that they had tried to hire someone with psychometric expertise but 
that they would need to quadruple the salary that they could offer to 
compete with the salaries being offered by other organizations. State 
officials said that assessment vendors can often pay higher salaries 
than states and that it is difficult to hire and retain staff with 
measurement-related expertise. 

State officials and assessment experts told us that the capacity of 
state assessment offices was the key challenge for states implementing 
NCLBA. Greater state capacity allows states to be more thoughtful in 
developing their state assessment systems, and provide greater 
oversight of their assessment vendors, according to state officials. 
Officials in Texas and other states said that having high assessment 
staff capacity--both in terms of number of staff and measurement- 
related expertise--allows them to research and implement practices that 
improve student assessment. For example, Texas state officials said 
that they conduct research regarding how LEP students and students with 
disabilities can best be included in ESEA assessments, which state 
officials said helped them improve the state's assessments for these 
students. In contrast, officials in lower capacity states said that 
they struggled to meet ESEA assessment requirements and did not have 
the capacity to conduct research or implement additional strategies. 
For example, officials in South Dakota told us that they had not 
developed alternate assessments based on modified achievement standards 
because they did not have the staff capacity or funding to implement 
these assessments. 

Also, of three states we visited that completed a checklist of 
important assessment quality control steps,[Footnote 24] those with 
fewer assessment staff addressed fewer key quality control steps. 
Specifically, Rhode Island, South Dakota, and Texas reviewed and 
completed a CCSSO[Footnote 25] checklist on student assessment, the 
Quality Control Checklist for Processing, Scoring, and Reporting. These 
states varied with regard to fulfilling the steps outlined by this 
checklist. For example, state officials in Texas, which has 55 full- 
time professional staff working on ESEA assessments, including multiple 
staff with measurement-related expertise, reported that they fulfill 31 
of the 33 steps described in the checklist and address the 2 other 
steps in certain circumstances. Officials in Rhode Island, who told us 
that they have six assessment staff and work in conjunction with other 
states in its assessment consortium, said that they fulfill 27 of the 
33 steps. South Dakota, which had three professional full-time staff 
working on ESEA assessments--and no staff with measurement-related 
expertise--addressed nine of the steps, according to state officials. 
For example, South Dakota officials said that the state does not verify 
the accuracy of answer keys in the data file provided by the vendor 
using actual student responses, which increases the risk of incorrectly 
scoring assessments. Because South Dakota does not have staff with 
measurement-related expertise and has fewer state assessment staff, 
there are fewer individuals to fulfill these quality control steps than 
in a state with greater capacity, according to state officials. 

Having staff with psychometric or other measurement-related expertise 
improved states' ability to oversee the work of vendors. For example, 
the CCSSO checklist recommends that states have psychometric or other 
research expertise for nearly all of the 33 steps. Having staff with 
measurement-related expertise allows states to know what key technical 
questions or data to ask of vendors, according to state officials, and 
without this expertise they would be more dependent on vendors. State 
advisors from technical advisory committees (TAC)--panels of assessment 
experts that states convene to assist them with technical oversight-- 
said that TACs are useful, but that they generally only meet every 6 
months. For example, one South Dakota TAC member said that TACs can 
provide guidance and expertise, but that ensuring the validity and 
reliability of a state assessment system is a full-time job. The TAC 
member said that questions arise on a regular basis for which it would 
be helpful to bring measurement-related expertise to bear. Officials 
from assessment vendors varied in what they told us. Several told us 
that states do not need measurement-related expertise, but others said 
that states needed this expertise on staff. 

Education's Inspector General (OIG) found reliability issues with 
management controls over state ESEA assessments.[Footnote 26] 
Specifically, the OIG found that Tennessee did not have sufficient 
monitoring of contractor activities for the state assessments such as 
ensuring that individuals scoring open/constructed response items had 
proper qualifications. In addition, the OIG found that the state lacked 
written policies and procedures describing internal controls for 
scoring and reporting. 

States Have Faced Challenges in Ensuring the Validity and Reliability 
of Alternate Assessments for Students with Disabilities: 

Although most states have met peer review expectations for validity and 
reliability of their general assessments, ensuring the validity of 
alternate assessments for students with disabilities is still a 
challenge. For example, our review of Education documents as of July 
15, 2009, showed that 12 states' reading/language arts and mathematics 
standards and assessment systems--which include general assessments and 
alternate assessments based on alternate achievement standards--had not 
received full approval under Education's peer review process and that 
alternate assessments were a factor preventing approval in 11 of these 
states.[Footnote 27] 

In the four states[Footnote 28] where alternate assessments were the 
only issue preventing full approval, technical quality (which includes 
validity and reliability) or alignment was a problem. For example, in a 
letter to Hawaii education officials dated October 30, 2007, 
documenting steps the state must take to gain full approval of its 
standards and assessments system, Education officials wrote that Hawaii 
officials needed to document the validity and alignment of the state 
alternate assessment. 

States had more difficulty assessing the validity and reliability of 
alternate assessments using alternate achievement standards than ESEA 
assessments for the general student population. In our survey, nearly 
two-thirds of the states reported that assessing the validity and 
reliability of alternate assessments with alternate achievement 
standards was either moderately or very difficult. In contrast, few 
states reported that either validity or reliability were moderately or 
very difficult for general assessments. 

We identified two specific challenges to the development of valid and 
reliable alternate assessments with alternate achievement standards. 
First, ensuring the validity and reliability of these alternate 
assessments has been challenging because of the highly diverse 
population of students being assessed. Alternate assessments are 
administered to students with a wide range of significant cognitive 
disabilities. For example, some students may only be able to 
communicate by moving their eyes and blinking. As a result, measuring 
the achievement of these students often requires greater 
individualization. In addition, because these assessments are 
administered to relatively small student populations, it can be 
difficult for states to gather the evidence needed to demonstrate their 
validity and reliability. 

In addition, developing valid and reliable alternate assessments with 
alternate achievement standards has been challenging for states because 
there is a lack of research about the development of these assessments, 
according to state officials and assessment experts. States have been 
challenged to design alternate assessments that appropriately measure 
what eligible students know and provide similar scores for similar 
levels of performance. Experts and state officials told us that more 
research would help them ensure validity and reliability. An Education 
official agreed that alternate assessments are still a challenge for 
states and said that there is little consensus about what types of 
alternate assessments are psychometrically appropriate. Although there 
is currently a lack of research, Education is providing assistance to 
states with alternate assessments and has funded a number of grants to 
help states implement alternate assessments. 

States that have chosen to implement alternate assessments with 
modified achievement standards and native language assessments have 
faced similar challenges, but relatively few states are implementing 
these assessments. On our survey, 8 of the 47 states responding to this 
question reported that in 2007-08 they administered alternate 
assessments based on modified achievement standards, which are optional 
for states, and several more reported being in the process of 
developing these assessments. Fifteen states reported administering 
native language assessments, which are also optional. States reported 
mixed results regarding the difficulty of assessing the validity and 
reliability of these assessments, with about two-thirds indicating that 
each of these tasks was moderately or very difficult for both the 
alternate assessments with modified achievement standards and native 
language assessments. Officials in states that are not offering these 
assessments reported that they lacked the funds necessary to develop 
these assessments or that they lacked the staff or time. 

States Have Taken Measures to Ensure Assessment Security, but Gaps 
Exist: 

The four states that we visited and districts in those states had taken 
steps to ensure the security of ESEA assessments. Each of the four 
states had a test administration manual that is intended to establish 
controls over the processes and procedures used by school districts 
when they administer the assessments. For example, the Texas test 
administration manual covered procedures for keeping assessment 
materials secure prior to administration, ensuring proper 
administration, returning student answer forms for scoring, and 
notifying administrators in the event of assessment irregularities. 
States also required teachers administering the assessments to sign 
forms saying that they would ensure security and had penalties for 
teachers or administrators who violated the rules. For example, South 
Dakota officials told us that teachers who breach the state's security 
measures could lose their teaching licenses. 

Despite these efforts, there have been a number of documented instances 
of teachers and administrators cheating in recent years. For example, 
researchers in one major city examined the frequency of cheating by 
test administrators.[Footnote 29] They estimated that at least 4 to 5 
percent of the teachers and administrators cheated on student 
assessments by changing student responses on answer sheets, providing 
correct answers to students, or illegitimately obtaining copies of 
exams prior to the test date and teaching students using knowledge of 
the precise exam items. Further, the study found that teachers' and 
administrators' decisions about whether to cheat responded to 
incentives. For example, when schools faced the possibility of being 
sanctioned for low assessment scores, teachers were more likely to 
cheat. In addition, the study found that teachers in low-performing 
classrooms were more likely to cheat. 

In our work, we identified several gaps in state assessment security 
policies. For example, assessment security experts said that many 
states do not conduct any statistical analyses of assessment results to 
detect indications of cheating. Among our site visit states, one state--
Rhode Island--reported analyzing test results for unexpected gains in 
schools' performance. Another state, Texas, had conducted an erasure 
analysis to determine whether schools or classrooms had an unusually 
high number of erased responses that were changed to correct responses, 
possibly indicating cheating. These types of analysis were described as 
a key component of assessment security by security experts. In 
addition, we identified one specific state assessment policy where 
teachers had an opportunity to change test answers. South Dakota's 
assessment administration manual required classroom teachers to inspect 
all student answers to multiple choice items and darken any marks that 
were too light for scanners to read. Further, teachers were instructed 
to erase any stray marks, and ensure that, when a student had changed 
an answer, the unwanted response was completely erased. This policy 
provided teachers an opportunity to change the answers, and improve 
assessment results. South Dakota officials told us that they had 
considered taking steps to mitigate the potential for cheating, such as 
contracting for an analysis that would identify patterns of similar 
erasure marks that could indicate cheating, but that it was too 
expensive for the state. 

States' assessment security policies and procedures were examined 
during Education's standards and assessments peer review process. 
According to Education's peer review guidance, which Education 
officials told us were the criteria used by peer reviewers to examine 
state assessment systems, states must demonstrate the establishment of 
clear criteria for the administration, scoring, analysis, and reporting 
components of state assessment systems. One example of evidence of 
adequate security procedures listed in the peer review guidance was 
that the state uses training and monitoring to ensure that people 
responsible for handling or administering state assessments properly 
protect the security of the assessments. Education indicated that a 
state could submit as evidence documentation that the state's test 
security policy and consequences for violating the policy are 
communicated to educators, and documentation of the state's plan for 
training and monitoring assessment administration. According to 
Education officials, similar indicators are included in Education's 
ongoing efforts to monitor state administration and implementation of 
ESEA assessment requirements. 

Although test security was included as a component in the peer review 
process, we identified several gaps in how the process evaluated 
assessment security. The peer reviewers did not examine whether states 
used any type of data analysis to review student assessment results for 
irregularities. When we spoke with Education's director of student 
achievement and school accountability programs--who manages the 
standards and assessments peer review process--about how assessment 
security was examined in the peer review process, he told us that 
security was not a focus of peer review. The official indicated that 
the review already required a great deal of time and effort by 
reviewers and state officials and that Education had given a higher 
priority to other assessment issues. In addition, the state policy 
described above in which teachers darken marks or erase unwanted 
responses was approved through the peer review process. 

The Education official who manages the standards and assessments peer 
review process told us that the peer review requirements, including the 
assessment security portion, were based on the Standards for 
Educational and Psychological Testing[Footnote 30] when they were 
developed in 1999. The Standards provide general guidelines for 
assessment security, such as that test users have the responsibility of 
protecting the security of test materials at all times. However, they 
do not provide comprehensive best practices for assessment security 
issues. The Association of Test Publishers developed draft assessment 
security guidelines in 2007. In addition, in the spring 2010, the 
Association of Test Publishers and CCSSO plan to release a best 
practices guide for state departments of education that is expected to 
offer best practices for test security. 

Education has made certain modifications to the peer review process but 
does not plan to update the assessment security requirements. Education 
updated the peer review protocols to address issues with the alternate 
assessment using modified achievement standards after those regulations 
were released. In addition, Education has made certain modifications to 
the process that were requested by states. However, Education officials 
indicated that they do not have plans to update the peer review 
assessment security requirements. 

Education Has Provided Assistance to States, but the Peer Review 
Process Did Not Allow for Sufficient Communication: 

Education Provided Technical Assistance with Assessments, including 
Those for Students with Disabilities and LEP Students: 

Education provided technical assistance to states in a variety of ways. 
Education provided technical assistance through meetings, written 
guidance, user guides, contact with Education staff, and assistance 
from its Comprehensive Centers and Clearinghouses. In our survey, 
states reported they most often used written guidance and Education- 
sponsored meetings and found these helpful. States reported mixed 
results in obtaining assistance from Education staff. Some reported 
receiving consistent helpful support while others reported staff were 
not helpful or responsive. Relevant program offices within Education 
provided additional assistance as needed. For example, the Office of 
Special Education Programs provided assistance to states in developing 
alternate assessments for students with disabilities and the Office of 
English Language Acquisition, Language Enhancement, and Academic 
Achievement for Limited English Proficient Students assisted states in 
developing their assessments for LEP students. In addition, beginning 
in 2002, Education awarded competitive Enhanced Assessment Grants to 
state collaboratives working on a variety of assessment topics such as 
developing valid and reliable assessments for students with 
disabilities and LEP students. For example, one consortium of 14 states 
and jurisdictions was awarded about $836,000 to investigate and provide 
information on the validity of accommodations for future assessments 
for LEP students with disabilities, a group of students with dual 
challenges. States awarded grants are required to share the outcomes of 
their projects with other states at national conferences; however, 
since these are multi-year projects, the results of many of them are 
not yet available. 

Education's Peer Review Process Did Not Allow Direct Communication 
between States and Reviewers to Quickly Resolve Problems: 

Education's peer review process did not allow for direct communication 
between states and peer reviewers that could have more quickly resolved 
questions or problems that arose throughout the peer review process. 
After states submitted evidence of compliance with ESEA assessment 
requirements to Education, groups of three reviewers examined the 
materials and made recommendations to Education. To ensure the 
anonymity of the peer reviewers, Education did not permit communication 
between reviewers and state officials. Instead, Education liaisons 
periodically relayed peer reviewers' questions and comments to the 
states and then relayed answers back to the peer reviewers. Education 
officials told us the assurance of anonymity was an important factor in 
their ability to recruit peer reviewers who may not have felt 
comfortable making substantive comments on states' assessment systems 
if their identity was known. 

However, the lack of direct communication resulted in miscommunication 
and prevented quick resolutions to questions arising during the peer 
review process. State officials and reviewers told us that there was 
not enough communication between states and reviewers during the 
process, preventing the quick resolution of questions that arose during 
the review process. For example, one state official reported on our 
survey that the lack of direct communication with peer reviewers led to 
misunderstandings that could have been readily resolved with a 
conversation with peer reviewers. A number of the peer reviewers who we 
surveyed provided similar information. For example, one said that the 
process was missing direct communication, which would allow state 
officials to provide immediate responses to the reviewers' questions. 
The Education official who manages the standards and assessments peer 
review process recognized that the lack of communication, such as a 
state not understanding how to interpret peer reviewers' comments, 
created confusion. Two experts we interviewed about peer review 
processes in general said that communication between reviewers and 
state officials is critical to having an efficient process that avoids 
miscommunication and unnecessary work. State officials said that the 
peer review process was extensive and that miscommunication made it 
more challenging. 

In response to states' concerns, Education has taken steps to improve 
the peer review process by offering states the option of having greater 
communication with reviewers after the peer review process is complete. 
However, the department has not taken action to allow direct 
communication between states and peer reviewers during the process to 
ensure a quick resolution to questions or issues that arise, preferring 
to continue its reliance on Education staff to relay information 
between states and peer reviewers and protecting the anonymity of the 
peer reviewers. 

Reasons for Key Decisions Stemming from Education's Peer Review Process 
Were Not Communicated to States: 

In some cases, the final approval decisions made by Education, which 
has final decision-making authority, differed from the peer reviewers' 
written comments, but Education could not tell us how often this 
occurred. Education's panels assessed each state's assessment system 
using the same guidelines used by the peer reviewers, and agency 
officials told us that peer reviewers' comments carried considerable 
weight in the agency's final decisions. However, Education officials 
said that--in addition to peer reviewers' comments--they also 
considered other factors in determining whether a state should receive 
full approval, including the time needed by the state to come into 
compliance and the scope of the outstanding issues. Education and state 
officials told us that, in some cases, Education reached different 
decisions than the peer reviewers. For example, the Education official 
who manages the standards and assessments peer review process described 
a situation in which the state was changing its content standards and 
frequently submitting new documentation for its mathematics assessment 
as the new content standards were incorporated. Education officials 
told us the peer reviewers got confused by the documentation, but 
Education officials gave the state credit for the most recent 
documentation. However, Education could not tell us how often the 
agency's final decisions matched the written comments of the peer 
reviewers because it did not track this information. 

In cases in which Education's final decisions differed from the peer 
reviewers' comments, Education did not explain to states why it reached 
its decisions. Although Education released the official decision 
letters describing reasons that states had not been approved through 
peer review, the letters did not document whether their decisions 
differed from the peer reviewers' comments or why their decisions were 
different. Because Education did not communicate this to states, it was 
unclear to states how written peer reviewer comments related to 
Education's decisions about peer review approval. For example, in our 
survey, one state reported that the comments provided to the state by 
peer reviewers and the letters sent to the state by Education 
describing their final decisions about approval status did not match. 

State officials we interviewed reported confusion about what issues 
needed to be addressed to receive full approval of their assessment 
system. For example, some state officials reported confusion about how 
to receive final peer review approval when the written summary of the 
peer review comments differed from the steps necessary to receive full 
approval that were outlined in the official decision letters from 
Education. The Education official who manages the standards and 
assessments peer review process said that in some cases the differences 
between decision letters and peer reviewers' written comments led to 
state officials being unclear about whether they were required to 
address the issues in Education's decision letters, comments from peer 
reviewers, or both. 

Conclusions: 

NCLBA set lofty goals for states to work toward having all students 
reach academic proficiency by 2013-2014, and Congress has provided 
significant funding to assist states. NCLBA required a major expansion 
in the use of student assessments, and states must measure higher order 
thinking skills and understanding with these assessments. Education 
currently reviews states' adherence to NCLBA standards and assessment 
requirements through its peer review process in which the agency 
examines evidence submitted by each state that is intended to show that 
state standards and assessment systems meet NCLBA requirements. 
However, ESEA, as amended, prohibits federal approval or certification 
of state standards. Education reviews the procedures that states use to 
develop their standards, but does not review the state standards on 
which ESEA assessments are based or evaluate whether state assessments 
cover highly cognitively complex content. As a result, there is no 
assurance that states include highly cognitively complex content in 
their assessments. 

Although Education does not assess whether state assessments cover 
highly complex content, Education's peer review process does examine 
state assessment security procedures, which are critical to ensuring 
that assessments are valid and reliable. In addition, the security of 
ESEA assessments is critical because these assessments are the key tool 
used to hold schools accountable for student performance. However, 
Education has not made assessment security a focus of its peer review 
process and has not incorporated best practices in assessment security 
into its peer review protocols. Unless Education takes advantage of 
forthcoming best practices that include assessment security issues, 
incorporates them into the peer review process, and places proper 
emphasis on this important issue, some states may continue to rely on 
inadequate security procedures that could affect the reliability and 
validity of their assessment systems. 

State ESEA assessment systems are complex and require a great deal of 
time and effort from state officials to develop and maintain. Due to 
the size of these systems, the peer review process is an extensive 
process that also took a great deal of time and effort on the part of 
state officials. However, because Education, in an attempt to maintain 
peer reviewer confidentiality, does not permit direct communication 
between state officials and peer reviewers, miscommunication may have 
resulted in some states spending more time than necessary clarifying 
issues and providing additional documentation. While Education 
officials told us the assurance of anonymity was an important factor in 
their ability to recruit peer reviewers, anonymity should not 
automatically preclude communications between state officials and peer 
reviewers during the peer review process. For example, technological 
solutions could be used to retain anonymity while still allowing for 
direct communications. Direct communication between reviewers and state 
officials during the peer review process could reduce the amount of 
time and effort required of both peer reviewers and state officials. 

The standards and assessments peer review is a high-stakes decision- 
making process for states. States that do not meet ESEA requirements 
for their standards and assessments systems can ultimately lose federal 
Title I, Part A funds. Transparency is a critical element for ensuring 
that decisions are fully understood and peer review issues are 
addressed by states. However, because critical Education decisions 
about state standards and assessments systems sometimes differed from 
peer reviewers' written comments, but the reasons behind these 
differences were not communicated to states, states were confused about 
the issues they needed to address. 

Recommendations for Executive Action: 

To help ensure the validity and reliability of ESEA assessments, we 
recommend that the Secretary of Education update Education's peer 
review protocols to incorporate best practices in assessment security 
when they become available in spring 2010. 

To improve the efficiency of Education's peer review process, the 
Secretary of Education should develop methods for peer reviewers and 
states to communicate directly during the peer review process so 
questions that arise can be addressed quickly. For example, peer 
reviewers could be assigned a generic e-mail address that would allow 
them to remain anonymous but still allow them to communicate directly 
with states. 

To improve the transparency of its approval decisions pertaining to 
states' standards and assessment systems and help states understand 
what they need to do to improve their systems, in cases where the 
Secretary of Education's peer review decisions differed from those of 
the reviewers, the Secretary should explain why they differed. 

Agency Comments and Our Evaluation: 

We provided a draft of this report to the Secretary of Education for 
review and comment. Education's comments are reproduced in appendix 
VII. In its comments, Education recognizes the value of test security 
practices in maintaining the validity and reliability of states' 
assessment systems. However, regarding our recommendation to 
incorporate test security best practices into the peer review 
protocols, Education indicated that it believes that its current 
practices are sufficient to ensure that appropriate test security 
policies and procedures are implemented. Education officials indicated 
that states currently provide the agency with evidence of state 
statutes, rules of professional conduct, administrative manuals, and 
memoranda that address test security and reporting of test 
irregularities. Education officials also stated that additional 
procedures and requirements, such as security methods and techniques to 
uncover testing irregularities, are typically included in contractual 
agreements with test publishers or collective bargaining agreements and 
that details on these additional provisions are best handled locally 
based on the considerations of risk and cost. Furthermore, Education 
stated that it plans to continue to monitor test security practices and 
to require corrective action by states they find to have weak or 
incomplete test security practices. As stated in our conclusions, we 
continue to believe that Education should incorporate forthcoming best 
practices, including assessment security issues into the peer review 
process. Otherwise, some states may continue to rely on inadequate 
security procedures, which could ultimately affect the reliability and 
validity of their assessment systems. 

Education agreed with our recommendations to develop methods to improve 
communication during the review process and to identify for states why 
its peer review decisions in some cases differed from peer reviewers' 
written comments. Education officials noted that the agency is 
considering the use of a secure server as a means for state officials 
to submit questions, documents, and other evidence to strengthen 
communication during the review process. Education also indicated that 
it will conduct a conference call prior to upcoming peer reviews to 
clarify why the agency's approval decisions in some cases differ from 
peer reviewers' written comments. Education also provided technical 
comments that we incorporated into the report as appropriate. 

We are sending copies of this report to appropriate congressional 
committees, the Secretary of Education, and other interested parties. 
In addition, the report will be available at no charge on GAO's Web 
site at [hyperlink, http://www.gao.gov]. Please contact me at (202) 512-
7215 if you or your staff have any questions about this report. Contact 
points for our Offices of Congressional Relations and Public Affairs 
may be found on the last page of this report. Other major contributors 
to this report are listed in appendix VIII. 

Sincerely yours, 

Signed by: 

Cornelia M. Ashby: 
Director, Education, Workforce, and Income Security Issues: 

[End of section] 

Appendix I: Objectives, Scope, and Methodology: 

The objectives of this study were to answer the following questions: 
(1) How have state expenditures on assessments required by the 
Elementary and Secondary Education Act of 1965 (ESEA) changed since the 
No Child Left Behind Act of 2001 (NCLBA) was enacted in 2002, and how 
have states spent funds? (2) What factors have states considered in 
making decisions about question (item) type and content of their ESEA 
assessments? (3) What challenges, if any, have states faced in ensuring 
the validity and reliability of their ESEA assessments? (4) To what 
extent has the U.S. Department of Education (Education) supported and 
overseen state efforts to comply with ESEA assessment requirements? 

To meet these objectives, we used a variety of methods, including 
document reviews of Education and state documents, a Web-based survey 
of the 50 states and the District of Columbia, interviews with 
Education officials and assessment experts, site visits in four states, 
and a review of the relevant federal laws and regulations. The survey 
we used was reviewed by several external reviewers, and we incorporated 
their comments as appropriate. 

We conducted this performance audit from August 2008 through September 
2009 in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. 

Providing Information on How State Expenditures on Assessments Have 
Changed Since the Enactment of NCLBA and How States Have Spent Funds: 

To learn how state expenditures for ESEA assessments have changed since 
NCLBA was enacted in 2002 and how states spent these funds, we analyzed 
responses to our state survey, which was administered to state 
assessment directors in January 2009. In the survey, we asked states to 
provide information about the percentage of their funding from federal 
and state sources, their use of contractors, cost and availability of 
human resources, and rank order cost of assessment activities. The 
survey used self-administered, electronic questionnaires that were 
posted on the Internet. We received responses from 49 states,[Footnote 
31] for a 96 percent response rate. We did not receive responses from 
New York and Rhode Island. We reviewed state responses and followed up 
by telephone and e-mail with states for additional clarification and 
obtained corrected information for our final survey analysis. 

Nonresponse is one type of nonsampling error that could affect data 
quality. Other types of nonsampling error include variations in how 
respondents interpret questions, respondents' willingness to offer 
accurate responses, and data collection and processing errors. We 
included steps in developing the survey, and collecting, editing, and 
analyzing survey data to minimize such nonsampling error. In developing 
the Web survey, we pretested draft versions of the instrument with 
state officials and assessment experts in various states to check the 
clarity of the questions and the flow and layout of the survey. On the 
basis of the pretests, we made slight to moderate revisions of the 
survey. Using a Web-based survey also helped remove error in our data 
collection effort. By allowing state assessment directors to enter 
their responses directly into an electronic instrument, this method 
automatically created a record for each assessment director in a data 
file and eliminated the need for and the errors (and costs) associated 
with a manual data entry process. In addition, the program used to 
analyze the survey data was independently verified to ensure the 
accuracy of this work. 

We also conducted site visits to four states--Maryland, Rhode Island, 
South Dakota, and Texas--that reflect a range of population size and 
results on Education's assessment peer review. On these site visits we 
interviewed state officials, officials from two districts in each 
state--selected in consultation with state officials to cover heavily- 
and sparsely-populated areas--and technical advisors to each state. 

Identifying Factors That States Have Considered in Making Decisions 
about Item Type and Content of Their Assessments: 

To gather information about factors states consider when making 
decisions about the item type and content of their assessments, we 
analyzed survey results. We asked states to provide information about 
their use of item types, including the types of items they use for each 
of their assessments (e.g., general, alternate, modified achievement 
standards, or native language), and changes in their relative use of 
multiple choice and open/constructed response items and factors 
influencing their decisions on which item types to use for reading/ 
language arts and mathematics general assessments. We interviewed 
selected state officials and state technical advisors. We also 
interviewed officials from other states that had policies that helped 
address the challenge of including cognitively-complex content in state 
assessments. We interviewed four major assessment vendors to provide us 
a broad perspective of the views of the assessment industry. Vendors 
were selected in consultation with the Association of American 
Publishers because its members include the major assessment vendors 
states have contracted with for ESEA assessment work. We reviewed 
studies that our site visit states submitted as evidence for 
Education's peer review approval process to document whether 
assessments are aligned with academic content standards, including the 
level of cognitive complexity in standards and assessments. We also 
spoke with representatives from three alignment organizations that 
states most frequently hire to conduct this type of study, and 
representatives of a fourth alignment organization that was used by one 
of our site visit states, who provided a national perspective on the 
cognitive complexity of assessment content. In addition, we reviewed 
selected academic research studies that examined the relationship 
between assessments and classroom curricula using GAO's data 
reliability tests. We determined that the results of these research 
studies were sufficiently valid and reliable for the purposes of our 
work. 

Describing Challenges, If Any, That States Have Faced in Ensuring the 
Validity and Reliability of Their ESEA Assessments: 

To gather information about challenges states have faced in ensuring 
validity and reliability, we used our survey to collect information 
about state capacity and technical quality issues associated with 
assessments. We conducted reviews of state documents, such as 
assessment security protocols, and interviewed state officials. We 
asked state officials from the states we visited to complete a CCSSO 
checklist on student assessment--the Quality Control Checklist for 
Processing, Scoring, and Reporting--to show which steps they took to 
ensure quality control in high-stakes assessment programs. We used this 
specific document created by CCSSO because, as an association of public 
education officials, the organization provides considerable technical 
assistance to states on assessment. We confirmed with CCSSO that the 
document is still valid for state assessment programs and has not been 
updated. We also interviewed four assessment vendors and assessment 
security experts that were selected based on the extent of their 
involvement in statewide assessments. We also reviewed summaries of the 
peer review issues for states that have not yet been approved through 
the peer review process, the portion of peer review protocols that 
address assessment security, and the assessment security documents used 
to obtain approval in our four site visit states. 

Describing the Extent to Which Education Has Supported State Efforts to 
Comply with ESEA Assessment Requirements: 

To address the extent of Education's support of ESEA assessment 
implementation, we reviewed Education guidance, summaries of Education 
assistance, peer review training documents, and previous GAO work on 
peer review processes. In addition, we analyzed survey results. We 
asked states to provide information on the federal role in state 
assessments, including their perspectives on technical assistance 
offered by Education and Education's peer review process. We also asked 
peer reviewers to provide their perspectives on Education's peer review 
process. Of the 76 peer reviewers Education provided us, we randomly 
sampled 20 and sent them a short questionnaire asking about their 
perspectives on the peer review process. We obtained responses from 
nine peer reviewers. In addition, we interviewed Education officials in 
charge of the peer review and assistance efforts. 

[End of section] 

Appendix II: Student Population Assessed on ESEA Assessments in School 
Year 2007-08: 

General Reading/Language Arts Assessment; 
Approximate number of students assessed: 25 million in each of 
reading/language arts and mathematics in 49 states reporting. 

Alternate Reading/Language Arts Assessment Using Alternate Achievement 
Standards; 
Approximate number of students assessed: 250,000 in each of 
reading/language arts and mathematics in 48 states reporting. 

Alternate Reading/Language Arts Assessment Using Modified Achievement 
Standards; 
Approximate number of students assessed: 200,000 in each of 
reading/language arts and mathematics in 46 states reporting. 

Source: GAO. 

[End of section] 

Appendix III: Validity Requirements for Education's Peer Review: 

Education's guidance describes the evidence states needed to provide 
during the peer review process. These are: 

1. Evidence based on test content (content validity). Content validity 
is the alignment of the standards and the assessment. 

2. Evidence of the assessment's relationship with other variables. This 
means documenting the validity of an assessment by confirming its 
positive relationship with other assessments or evidence that is known 
or assumed to be valid. For example, if students who do well on the 
assessment in question also do well on some trusted assessment or 
rating, such as teachers' judgments, it might be said to be valid. It 
is also useful to gather evidence about what a test does not measure. 
For example, a test of mathematical reasoning should be more highly 
correlated with another math test, or perhaps with grades in math, than 
with a test of scientific reasoning or a reading comprehension test. 

3. Evidence based on student response processes. The best opportunity 
for detecting and eliminating sources of test invalidity occurs during 
the test development process. Items need to be reviewed for ambiguity, 
irrelevant clues, and inaccuracy. More direct evidence bearing on the 
meaning of the scores can be gathered during the development process by 
asking students to "think-aloud" and describe the processes they 
"think" they are using as they struggle with the task. Many states now 
use this "assessment lab" approach to validating and refining 
assessment items and tasks. 

4. Evidence based on internal structure. A variety of statistical 
techniques have been developed to study the structure of a test. These 
are used to study both the validity and the reliability of an 
assessment. The well-known technique of item analysis used during test 
development is actually a measure of how well a given item correlates 
with the other items on the test. A combination of several statistical 
techniques can help to ensure a balanced assessment, avoiding, on the 
one hand, the assessment of a narrow range of knowledge and skills but 
one that shows very high reliability, and on the other hand, the 
assessment of a very wide range of content and skills, triggering a 
decrease in the consistency of the results. 

In validating an assessment, the state must also consider the 
consequences of its interpretation and use. States must attend not only 
to the intended effects, but also to unintended effects. The 
disproportional placement of certain categories of students in special 
education as a result of accountability considerations rather than 
appropriate diagnosis is an example of an unintended--and negative-- 
consequence of what had been considered proper use of instruments that 
were considered valid. 

[End of table] 

Source: NCLB Standards and Assessments Peer Review Guidance. 

[End of section] 

Appendix IV: Reliability Requirements for Education's Peer Review: 

The traditional methods of portraying the consistency of test results, 
including reliability coefficients and standard errors of measurement, 
should be augmented by techniques that more accurately and visibly 
portray the actual level of accuracy. Most of these methods focus on 
error in terms of the probability that a student with a given score, or 
pattern of scores, is properly classified at a given performance level, 
such as "proficient." For school-level or district-level results, the 
report should indicate the estimated amount of error associated with 
the percent of students classified at each achievement level. For 
example, if a school reported that 47 percent of its students were 
proficient, the report might say that the reader could be confident at 
the 95 percent level that the school's true percent of students at the 
proficient level is between 33 percent and 61 percent. Furthermore, 
since the focus on results in a Title I context is on improvement over 
time, the report should also indicate the accuracy of the year-to-year 
changes in scores. 

Source: NCLB Standards and Assessments Peer Review Guidance. 

[End of section] 

Appendix V: Alignment Requirements for Education's Peer Review: 

To ensure that its standards and assessments are aligned, states need 
to consider whether the assessments: 

* Cover the full range of content specified in the state's academic 
content standards, meaning that all of the standards are represented 
legitimately in the assessments. 

* Measure both the content (what students know) and the process (what 
students can do) aspects of the academic content standards. 

* Reflect the same degree and pattern of emphasis apparent in the 
academic content standards (e.g., if the academic content standards 
place a lot of emphasis on operations, then so too should the 
assessments). 

* Reflect the full range of cognitive complexity and level of 
difficulty of the concepts and processes described, and depth 
represented, in the state's academic content standards, meaning that 
the assessments are as demanding as the standards. 

* Yield results that represent all achievement levels specified in the 
state's academic achievement standards. 

Source: NCLB Standards and Assessments Peer Review Guidance. 

[End of section] 

Appendix VI: Item Types Used Most Frequently by States on General and 
Alternate Assessments: 

[Refer to PDF for image: series of horizontal bar graphs] 

Subject studies: General reading/language arts: 

Multiple choice: 
Number of survey respondents: 
Number of states that use this item type: 48; 
Number of states that responded to the question: 48; 
Number of states that did not respond or checked “no response”: 1. 

Open/constructed response: 
Number of survey respondents: 
Number of states that use this item type: 38; 
Number of states that responded to the question: 45; 
Number of states that did not respond or checked “no response”: 4. 

Work samples/portfolio: 
Number of survey respondents: 
Number of states that use this item type: 2; 
Number of states that responded to the question: 41; 
Number of states that did not respond or checked “no response”: 8. 

Subject studies: General math: 

Multiple choice: 
Number of survey respondents: 
Number of states that use this item type: 48; 
Number of states that responded to the question: 48; 
Number of states that did not respond or checked “no response”: 1. 

Open/constructed response: 
Number of survey respondents: 
Number of states that use this item type: 34; 
Number of states that responded to the question: 45; 
Number of states that did not respond or checked “no response”: 4. 

Other format[A]; 
Number of survey respondents: 
Number of states that use this item type: 5; 
Number of states that responded to the question: 38; 
Number of states that did not respond or checked “no response”: 11. 

Subject studies: Alternate assessment using alternate achievement 
standards reading/language arts: 

Multiple choice: 
Number of survey respondents: 
Number of states that use this item type: 9; 
Number of states that responded to the question: 40; 
Number of states that did not respond or checked “no response”: 9. 

Rating scales: 
Number of survey respondents: 
Number of states that use this item type: 13; 
Number of states that responded to the question: 38; 
Number of states that did not respond or checked “no response”: 11. 

Work samples/portfolio: 
Number of survey respondents: 
Number of states that use this item type: 26; 
Number of states that responded to the question: 43; 
Number of states that did not respond or checked “no response”: 6. 

Subject studies: Alternate assessment using alternate achievement 
standards math: 

Multiple choice: 
Number of survey respondents: 
Number of states that use this item type: 9; 
Number of states that responded to the question: 40; 
Number of states that did not respond or checked “no response”: 9. 

Rating scales: 
Number of survey respondents: 
Number of states that use this item type: 13; 
Number of states that responded to the question: 38; 
Number of states that did not respond or checked “no response”: 11. 

Work samples/portfolio: 
Number of survey respondents: 
Number of states that use this item type: 26; 
Number of states that responded to the question: 43; 
Number of states that did not respond or checked “no response”: 6. 

Source: GAO survey. 

[A] Other format includes gridded response, performance event, 
scaffolded multiple choice and performance events, and locally- 
developed formats. 

[End of figure] 

[End of section] 

Appendix VII: Comments from the U.S. Department of Education: 

United States Department Of Education: 
Office Of Elementary And Secondary Education: 
The Assistant Secretary: 
404 Maryland Ave., S.W. 
WASHINGTON, DC 20202: 
[hyperlink, http://www.ed.gov] 

"Our mission is to ensure equal access to education and to promote 
educational excellence throughout the nation." 

September 8, 2009: 

Ms. Cornelia M. Ashby: 
Director: 
Education, Workforce, and Income Security Issues: 
U.S. Government Accountability Office: 
441 G Street, NW: 
Washington, DC 20548: 

Dear Ms. Ashby: 

I am writing in response to your request for comments on the draft 
Government Accountability Office (GAO) report, "No Child Left Behind 
Act: Enhancements in the Department of Education's Review Process Could 
Improve State Academic Assessments" (GAO-09-911). 

This report has three recommendations for the Secretary of Education. 
Following is the Department's response. 

Recommendation: Incorporate test security best practices into the peer 
review protocols. 

Response: The Department recognizes the value of this recommendation 
and the importance of test security practices in maintaining the 
validity and reliability of each State's assessment system. Currently, 
as part of the peer review process, States do provide us with evidence 
of State statutes, rules of professional conduct, administrative 
manuals, and memoranda that address test security and reporting of test 
irregularities. Other procedures and requirements (e.g., remedies for 
teacher misconduct) are typically included in contractual agreements 
with test publishers and other patties, or collective bargaining 
agreements. The Department does not examine those additional provisions 
because we believe that our current practices are sufficient to ensure 
that appropriate test security policies and procedures are promulgated 
and implemented at the State level. Details on these additional 
provisions such as security methods and techniques to discover testing 
irregularities are best handled locally based on consideration of risk 
and cost factors. As the report mentions, the Department monitors the 
implementation of State test security policies in its regularly 
scheduled Title I monitoring visits to State and local educational 
agencies. Department staff will continue to monitor test security 
practices during the monitoring visits, issue findings to States with 
weak or incomplete test security practices, and require corrective 
action by States with monitoring findings. 

Recommendation: Develop methods to improve communication during the 
review process. 

Response: The Department has made the following improvements over the 
last year to improve communications with States during the peer review 
process. First, peers and the Department staff member assigned to 
review the State's assessment system typically call State assessment 
officials and discuss the submission and the peers' concerns. This 
occurs prior to the conclusion of the peer review, giving peers time to 
correct any misconceptions before they complete their review. Through 
this process, State officials have opportunities to ask questions and 
obtain clarification regarding the peers' and Department's concerns. 
Second, during the Technical Assistance Peer Review (May 2008), State 
assessment professionals (individuals or teams) met directly with the 
peers or peer team leader and the Department staff member assigned to 
the State to thoroughly discuss the peers' comments and concerns. A 
technical assistance review is conducted to help States understand 
where further development is required before the system is ready for 
review. The Department will continue this process.
Furthermore, the Department is looking into the possibility of using a 
secure server as a means for State officials to submit questions, 
documents, and other evidence that would only be viewed by the 
reviewers, State officials, and Department staff We believe that the 
use of a secure server, in combination with the procedures already in 
place, would strengthen the communication that takes place during the 
peer review process. 

Recommendation: Identify for States why its peer review decisions in 
some cases differed from peer reviewers' written comments. 

Response: Peer notes sometimes address areas outside of the 
Department's purview, offer recommendations to improve elements of the 
system beyond the requirements of the law and regulations, or offer 
opinions on technical matters. We do not use those recommendations in 
judging the merits of the assessment system, but, as a professional 
courtesy, we include them as technical assistance in the peer notes 
provided to the States. Peer notes, and the deliberations they 
document, are recommendations to the Assistant Secretary for Elementary 
and Secondary Education, and on occasion, Department staff may disagree 
with the peers' summary comments. The Assistant Secretary is presented 
with these discrepancies after they have been discussed internally 
among Department staff. These discrepancies usually deal with limits on 
the range of evidence that is required to be provided to demonstrate 
compliance with the applicable statutory and regulatory provisions and 
the extent to which the Department has authority in judging the quality 
of certain features of a State assessment system. For example, the 
Department has no prerogative to deny approval of an assessment system 
based on the substance of content standards nor is the State required 
to submit evidence on that issue. The Department and peers review only 
the process used to develop a State's content standards, ensure broad 
participation of stakeholders in the process, and ensure that a State 
demonstrates the rigor of the standards. Hence, there are no peer-
review "decisions," only peer recommendations reflecting the 
professional experience and perspectives of the reviewers. The 
Assistant Secretary takes these recommendations under consideration, 
along with those of Department staff, in making a decision regarding 
the approval of a State's assessment system. 

However, in response to this recommendation, Department staff will 
conduct a conference call in advance of upcoming peer reviews to 
clarify why the Department's decisions in some cases differ from peer 
reviewers' written comments. 

I appreciate the opportunity to share our comments on the draft report. 
I hope that these comments are useful to you. In addition, we have 
provided some suggested technical edits that should be considered to 
add clarity to the report. 

Sincerely, 

Signed by: 

Thelma Melendez de Santa Ana, Ph.D. 

[End of section] 

Appendix VIII: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Cornelia M. Ashby (202) 512-7215 or ashbyc@gao.gov: 

Staff Acknowledgments: 

Bryon Gordon, Assistant Director, and Scott Spicer, Analyst-in-Charge, 
managed this assignment and made significant contributions to all 
aspects of this report. Jaime Allentuck, Karen Brown, and Alysia 
Darjean also made significant contributions. Additionally, Carolyn 
Boyce, Doreen Feldman, Cynthia Grant, Sheila R. McCoy, Luann Moy, and 
Charlie Willson aided in this assignment. 

[End of section] 

Footnotes: 

[1] For purposes of this report, the term "ESEA assessments" refers to 
assessments currently required under ESEA, as amended. The Improving 
America's Schools Act of 1994 created some requirements for 
assessments, and these requirements were later supplemented by the 
requirements in NCLBA. 

[2] For purposes of this report, we refer to test questions as "items." 
The term item can include multiple choice, open/constructed response, 
and various other types, while the term "question" connotes the usage 
of a question mark. 

[3] New York and Rhode Island did not respond to the survey. For the 
purposes of this report, we refer to the District of Columbia as a 
state. 

[4] Pub. L. No. 89-10. 

[5] Pub. L. No. 103-382. 

[6] Pub. L. No. 107-110. 

[7] GAO, Title I: Characteristics of Tests Will Influence Expenses; 
Information Sharing May Help States Realize Efficiencies, GAO-03-389 
(Washington, D.C.: May 2003). 

[8] Pub. L. No. 111-5. 

[9] Adequate Yearly Progress is a measure of year-to-year student 
achievement under ESEA. AYP is used to make determinations about 
whether or not schools or school districts have met state academic 
proficiency targets. All schools and districts are expected to reach 
100 percent proficiency by the 2013-14 school year. 

[10] For the total number of students tested on each of the different 
types of assessment in 2007-08, see appendix II. 

[11] The 2 percent of the scores being included in AYP using the 
alternate assessment based on modified academic achievement standards 
is in addition to the one percent of the student population included 
with the alternate assessment based on alternate academic achievement 
standards. 

[12] LEP students may only take assessments in their native language 
for a limited number of years. 

[13] GAO's 2003 report (GAO-03-389) found that item type has a major 
influence on overall state expenditures for assessments. However, 
regarding the changes to state expenditures for assessments since the 
enactment of NCLBA--which our survey examined--few states reported that 
item type was a major factor. 

[14] We asked states to rank the cost of test/item development, 
scoring, administration, reporting test results, data management, and 
all other assessment activities. 

[15] Although GAO-03-389 found that item type was a key factor in 
determining the overall cost of state ESEA assessments, these 
differences were related to the cost of scoring assessments rather than 
developing assessments. Our research did not find that item type 
affected the cost of development. 

[16] We defined small states as those states administering 500,000 or 
fewer ESEA assessments in 2007-08. Reading/language arts and 
mathematics assessments were counted separately. 

[17] GAO, Title I: Characteristics of Tests Will Influence Expenses; 
Information Sharing May Help States Realize Efficiencies, [hyperlink, 
http://www.gao.gov/products/GAO-03-389] (Washington, D.C.: May 8, 
2003). 

[18] This does not necessarily indicate that state assessments were not 
aligned to state standards. For example, if the content in standards 
does not include the highest cognitive level, assessments that do not 
address the highest cognitive level could be aligned to standards. 

[19] The alignment review was conducted by Achieve, Inc., which was one 
of the four alignment organizations that we interviewed. 

[20] Committee on the Foundations of Assessment, James W. Pellegrino, 
Naomi Chudowsky, and Robert Glaser, editors, Knowing What Students 
Know: The Science and Design of Educational Assessment (Washington, 
D.C.: National Academy Press, 2001) 194. 

[21] Gail P. Baxter and Robert Glaser, "Investigating the Cognitive 
Complexity of Science Assessments," Educational Measurement: Issues and 
Practice, vol. 17, no. 3 (1998). 

[22] Helen S. Apthorp, et al., "Standards in Classroom Practice 
Research Synthesis," Mid-Continent Research for Education and Learning 
(October 2001). 

[23] For example, see 20 U.S.C. § 7907(c)(1) and 20 U.S.C. § 6575. 

[24] Maryland did not complete this checklist. 

[25] CCSSO is an association of public officials who head departments 
of elementary and secondary education in the states, the District of 
Columbia, the Department of Defense Education Activity, and five extra- 
state jurisdictions. It provides advocacy and technical assistance to 
its members. The CCSSO checklist describes 33 steps that state 
officials should take to ensure quality control in assessment programs 
that are used to make decisions with consequences for students or 
schools. The checklist can be found at [hyperlink, 
http://www.ccsso.org]. 

[26] U.S. Department of Education, Office of the Inspector General, 
Tennessee Department of Education Controls Over State Assessment 
Scoring, ED-OIG/A02I0034 (New York, N.Y.: May 2009). 

[27] The 12 states that had not received full approval were California, 
the District of Columbia, Florida, Hawaii, Michigan, Mississippi, 
Nebraska, Nevada, New Hampshire, New Jersey, Vermont, and Wyoming. In 
all of these states except California the alternate assessments based 
on alternate achievement standards were a factor preventing full 
approval. 

[28] The four states were Florida, New Hampshire, New Jersey, and 
Vermont. 

[29] Brian A. Jacob and Steven D. Levitt, "Rotten Apples: An 
Investigation of the Prevalence and Predictors of Teacher Cheating," 
The Quarterly Journal of Economics (August 2003). 

[30] American Educational Research Association, American Psychological 
Association, National Council on Measurement in Education, Standards 
for Education and Psychological Testing (1999). 

[31] In this report, we refer to the District of Columbia as a state. 

[End of section] 

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