Though state officials question how reading contract was issued, testing moves ahead
The state Department of Information Technology is questioning how state education officials issued a new multi-million dollar testing contract, even as it’s allowing use of the new program to move forward.
DIT is deciding whether the state Department of Public Instruction was correct in awarding a three-year, $8.3 million contract for Istation to be used to assess K-3 students in the Read To Achieve program. Amplify Education, which lost the contract, is appealing the decision to switch from using its mClass program to Istation.
Jonathan Shaw, the chief counsel for DIT hearing the case, issued an order Monday upholding an August stay that blocked the awarding of the contract while it’s reviewed by DIT. Shaw said there’s sufficient information to believe DPI violated the law and “jeopardized the integrity and fairness of the procurement process.”
But Shaw also turned down a request from Amplify to block an agreement that Istation had made with State Superintendent Mark Johnson to train teachers for free on the new program. Some elementary schools are planning to use the program this month to test students to comply with Read To Achieve.
Johnson attacked the decision, accusing Shaw of making “factual errors” in his order. Johnson is a Republican and DIT reports to Democratic Gov. Roy Cooper.
“Shaw has already injured the work of DPI and DIT employees with the incompetence with which he has conducted this review process,” Johnson said in a statement Monday. “Now, he is adding insult to injury with blatant mistakes that he is using to justify more bad decisions.”
Both Istation and Amplify claimed victory Monday.
Istation focused on how it will be able to get more teachers used to the new program. The company says it has assessed 180,000 K-3 students statewide in December, including almost 12,000 in the Wake County school system.
“We appreciate the clarity that is brought to the state by denying Amplify’s motion and allowing Istation to continue the important work of assessing readers,” Ossa Fisher, Istation’s president, said in a statement Monday.
But Amplify focused on how Shaw questioned the selection of Istation.
“So far, due process has continued to validate Amplify’s concerns,” Larry Berger, Amplify’s CEO, said in a statement Monday. “We look forward to a speedy resolution.”
Since the Read To Achieve program began in 2013, K-3 students have read out loud to their teachers while the teachers use mClass to assess their skills.
But in June, Johnson announced he was awarding the new Read To Achieve testing contract to Istation. Students will now be tested on a computer program, with the results being provided to teachers.
DIT questions how contract awarded to Istation
The decision to switch has been controversial, with teachers across the state questioning the change.
Public records show an evaluation committee formed by Johnson had ranked Amplify ahead of Istation.
Johnson has accused the evaluation committee of “employing biased procedures” that benefited Amplify and having made false statements about Istation. He also said that some committee members violated the confidentiality of the procurement process by discussing it with outsiders.
Johnson went on to form a new committee that recommended Istation.
Shaw questioned DPI’s handling of the procurement process. For instance, he said there’s sufficient information to believe that DPI altered the process to benefit Istation and removed prior panel members who had supported Amplify.
As a result, Shaw said Eric Boyette, the secretary of DIT and the state’s chief information officer, had the authority to stay the contract. But Shaw said he doesn’t have the authority to cancel the agreement between Johnson and Istation to provide the free training to teachers.
Shaw held a hearing on the stay in October. Both Istation and DPI had filed a joint motion last week demanding that Shaw issue a decision by Monday on the stay request or they’d take the case to state Superior Court.
A full hearing will be held in January.
“Now, months after DPI asked for relief for NC’s schools, DIT is taking it to the next level by saying things that are simply not true,” Johnson said in the statement. “The mistakes of fact in Shaw’s ruling today are too numerous to cover them all, but I’ll note two.”
Johnson said DPI had worked closely with DIT throughout the process but Shaw incorrectly said DPI didn’t inform the vendors of the evaluation criteria.
Johnson also says Shaw incorrectly stated that DPI only placed people on the evaluation committee who had previously voted for Istation. Johnson accused Shaw of relying for the voting information on “leaked confidential information from a former DPI employee who coordinated with Amplify on their protest.”
Groups that are critical of Johnson, who has announced he is running for lieutenant governor, have called for an outside investigation into how the contract was awarded.
Fisher, in an interview Monday, focused on how Shaw wrote that the findings are solely for deciding on the order and aren’t binding on his final decision. Fisher said that they’re learning more information through the discovery process that backs up the validity for picking Istation.
The case has put school districts in a bind because year-round elementary schools are supposed to do Read To Achieve testing in December. Traditional-calendar schools will start in January.
Fisher said school districts can feel confident now that they can use Istation for the testing.
“We’re committed to serving the students and districts of North Carolina, especially as it’s been affirmed that we’re now lawfully implementing our agreement with North Carolina,” Fisher said.
This story was originally published December 9, 2019 at 3:43 PM.
