The Indiana Department of Education still refuses to disclose data used to determine A-F grades for schools in 2014-15, despite receiving a letter from Indiana Public Access Counselor Luke Britt that says the data should be made public.
I’ve requested the information twice, arguing it should be disclosed under the Access to Public Records Act. And the department has rejected my request twice, insisting the data falls under an exception for records that are speculative or expressions of opinion and are used for decision-making.
But I’m not asking for anything deliberative. I’m asking for numbers – the scores on a 4-point scale that were used to establish what grades schools would receive.
Remember that Indiana switched to new learning standards and a tougher ISTEP exam in 2014-15. Passing rates dropped dramatically. As a result, the General Assembly passed “hold harmless” legislation that said no school would get a lower grade than it received the previous year.
When the Department released grades in January, it didn’t indicate which schools were being held harmless and which actually earned the grades they received in 2014-15. And unlike in previous years, it didn’t include the scores on a 4-point scale that schools earned.
After the department turned down my first request for the data, I filed a complaint with the Office of the Public Access Counselor, the state agency tasked with advising government officials on the public records and public meetings laws. Britt initially sided with the department in an advisory opinion to my complaint, labeled 16-FC-34.
But on the advice of Steve Key, executive director of the Hoosier State Press Association, I provided the counselor with additional information clarifying that I was seeking data, not deliberative material. In a June 2 follow-up letter, copied to the Department of Education, Britt said the data should be released: Continue reading