Are student's written response paragraphs to standardized written expression tests copyrighted?

[AM23]

Hi all!

I am looking for clarification on standardized test answers for written expression. My son's initial school evaluation about 4 years ago in 4th grade  included testing of written expression using the TOWL-IV.  That evaluation report included the spontaneous writing story/paragraph my son wrote along with a description of his written expression skills being weak and  below expectations on contrived sentence writing and spontaneous essay pieces (contextual conventions, spelling in context, punctuation, capitalization, sentence structure, and grammar). Private testing from around the same time indicated my son "stopped to think" often and breathed heavily while writing his essay.

His reevaluation focusing on reading, writing, and language  last year included the TOWL-IV again.  My concern is that my son's daily writing clearly shows issues, and  no examples of his actual writing were included in the reevaluation which included scores in the average range  and suggestions for my son to use organizers, edit his work, and add more content (He only wrote for 5 of the allotted 15 minutes.)  I also noticed that standard scores were provided for the composite Story Writing but only scaled scores for subtests of Contextual Conventions and Story Composition. (Percentile rank included for both). 

I understand that the test questions are copyrighted and of the need to maintain test integrity.  However, is my son's own creative story or essay that he writes in response to the test prompt copyrighted? I want a copy of what he wrote, and while  the school will let me view and take notes, they will not provide a copy of what he wrote.  I plan to provide my own examples of his writing, but they are not "normed and standardized".  My data does not seem to equal or agree with their data from their perspective. I am making a case that my son needs specific instruction and not only accommodations and also want the SLD category for written expression checked on his IEP.  In first and second grades, when asked to read or write at home he shut down, became angry, and refused to do either. He also refused to go to school on time for parts of 5th and 6th.  Reading and writing are still issues.

Alternatively, we are remediating reading outside of school. Should we seriously consider also do this for writing  and view school accommodations as getting my son to a place mentally and emotionally that he can do this work outside of school?

Thanks!

[Carolyn Rowlett]

You are actually "lucky" in the sense that the school even showed you the writing your son did for the evaluation. Many districts take the "copyright" infringement a little too far and won't even show the parent that.  If they let you view and take notes, that's probably all you're going to get.  Here's what you can do:

1. You can ask that a parent concern be added to the IEP regarding what you saw on the evaluation (be as specific as you like with all the errors, etc. - heck, if you can remember it, you could put in the whole thing), as well as the fact that he only wrote for 5 of the 15 minutes.  Also, speak to your son's behavior when it comes to writing and reading tasks throughout the years.

2. I was thinking of suggesting a request for an IEE, but it looks like a private evaluation was already done?  (Albeit, one you paid for, I'm assuming, so you could technically still ask for an IEE.  I think one reason for disagreeing with the school's eval would be the 5 minutes - what would the writing have looked like if he had to write for the entire 15 minutes?  But you don't necessarily have to give a reason for wanting an IEP other than you disagree with the school's.)  What did the private evaluation show in terms of qualifying for written expression?  If you have both a private eval and a school eval with average scores, you may be out of luck.  (And thus, yet, may be looking at outside help.)

Scaled scores and standard scores can be converted to the other.  You could ask the school for a conversion chart or find one online.

[AM23]

1. Carolyn, good suggestions. I’ll ask to have my notes about errors on the evaluation added to the IEP and look up a score conversion chart.

2. To clarify, my (2e) son had a private speech and language evaluation focusing on reading, writing, and speech and language last year (almost 3 years after the previously mentioned private testing), which diagnosed expressive language, reading (spelling, comprehension, prosody, accuracy, and fluency), and written expression disorders. (This is the second private diagnosis of written expression disorder.) We presented this newer testing to the school IEP team which prompted another school evaluation. The resulting TOWL-IV and reading scores from the school testing differed considerably from the private evaluation, and I am not sure why except that maybe he wrote more for the private testing leading to more chances for errors. The school evaluation concluded no SLD and average, but even so writing support and a goal were added to the IEP to edit with autocorrect and add more content. The goal was just recently met and removed indicating there's no longer a need for writing support. I do plan to ask for data showing that he's doing

3. Another point of disagreement with the school is about on-demand versus edited longer-form writing. His written essays are fairly good when typed, written over multiple days/weeks, edited with autocorrect, and incorporate suggestions from teacher conferencing. Any writing that is by hand or not edited has many issues and is very different than how he’d answer verbally or type with auto correct. Would a  “No peer editing or sharing of on-demand writing with peers” SDI at least be something to help my son feel more comfortable (In the same vein of not being expected to read aloud at school)? I feel this may not work, because there is a fair amount of group work and sharing in class, though. 

Do I just continue to bring samples to the IEP team showing evidence that he's not independently showing skills in conventions and written expression and ask for services and another goal? I don’t think asking for an IEE would help, because the school has already mostly disagreed with our private evaluation.

Thanks!

[Carolyn Rowlett]

I like your idea of an accommodation stating "No peer editing or sharing..."  However, I agree that it may not be accommodated because he wasn't found eligible for SLD in written expression.  But it never hurts to ask!  Could he possibly be allowed to use speech-to-text or type with autocorrect during on-demand writing?  The downside to any of these is him looking different from his peers, which may be worse that showing them his "poor" writing. 

Yes, continue to bring samples (which is data) to meetings.  I really think I'd push for the IEE.  I understand your concerns, but it seems to me the school evaluation is either flawed for not having him write the entire 15 minutes OR proof of his writing deficiencies since he did NOT write for the full 15 minutes.  Get another eval, then you have two versus one (which is flawed).  Also, the request for an IEE might prompt the school to just say "ok, we'll give him services and write a goal."

[JSD24]

When a school's evaluation is not accurate or is incomplete, my typical suggestion is to request an IEE at school expense.  This needs to be in writing (email is good) so there's a paper trail.

[Janis]

Hi AM:)!!

If you didn’t see my questions in other posts:

I have 2 9th graders in PA for past year with multiple similar issues:

* one kiddo tested at 7% in essay composition subtest of WIAT4, with the average written expression composite scoring Average.  His SLD in written expression are so obvious with multiple out of state IEEs and one in the works here forcing them to include “written expression” as an area of need.  I continue to lose the SLD battle although I will not give up the fight because his SLD and ASD (late eligibility and diagnosis in 7th grade) are coequal driving forces at the heart of this kid unlike his OHI eligibility that all states and districts prefer to cling to.

Other kiddo is better defined by his late eligibility and diagnosis of ASD, but also was diagnosed with SLD in written expression from his IEE TOWL4 essay composition which the IEE evaluator included in the report!  In this PA district, I have found that they tested the WIAT 2 times in 2 months so scores are invalid and they also “decided” to score my kiddos using grade based norms instead of age based norms in their ERs which were completed a year ago.  They also never even discussed eligibility with me at the IEP meetings we had 30 days after those ER reports…going through ERs and creating IEPs in 2 hours in a new state with 2 kids was really overwhelming.  I found paperwork where 3 district members signed an eligibility for SLD cartegory sheet at the completion of the ERs (without me) and a month before we met to go over ERs and create IEPs:(.   I kept saying I disagreed with so much but I was ignored and they signed my name electronically without my permission and even “held” IEP meetings without me.  I use this loosely because I requested a parent training meeting with the school psych (WIAT 2 times, Grade based norms) who did not attend the ER/IEP meetings a month later and the school sent an email end of day Friday proposing a meeting for Monday morning.  I never saw the email but answered a call which was from a Google Meets phone number. They asked me if I was coming to the meeting!  To this day they have a meeting listed saying parent did not attend.  
That was the parent training meeting with school psych that took place 10 days later where school psych showed me the essay that my students wrote for her WIAT 4 essay composition…..but the ER uses the Writing Composite which shows up as Average.  Since the IEE psychologist included my kiddos essay response to the TOWL4 essay in the report, I would really like to know if we can have access to these essays and if we can request that the students spontaneous essay response be included in the ER/IEP.  This would cut out so many issues with trying to get the students work as well as what the student’s work looks like without accommodating or without others “doctoring it up”, passing it out at a meeting, and claiming student met the goal with this one example.

Ugh.  My 2e (only in previous state) kiddo’s writing was easily hidden from me, but his brother’s documented written expression needs are much harder to ignore….yet they are doing a good job!  How do we get schools to teach writing?  It is really hard to get them to acknowledge it!  My heart breaks for the kiddos whose needs are ignored… But even when they acknowledge it, they are not teaching it.  For one kiddo they created a writing goal “because I kept asking”!  I laughed and said are you telling me you created a goal just to placate me?  They had no response but the goal does not have an SDI to teach writing, only to accommodate, so that goal will be met shortly:(

[Carolyn Rowlett]

Let me know if I am incorrect, but you appear to be asking if the team can we have access to the essays included in the IEE report?  (By "access" do you mean included in the ER/IEP?  I know you state that but I wasn't sure if that phrase was referring to the "spontaneous essay response," and I also wasn't sure if the "spontaneous essay response" was different from the essays included in the IEE, such as a spontaneous writing sample from classroom work.)  For now until I receive clarification, I'm going to assume you are speaking to the essays in the IEE and wanting them included in the ER/IEP.

The school's evaluation definitely needs to include the findings of the IEE - that can be copying and pasting the actual essays, but the school may fight you on that.  At a minimum request the interpretation of the IEE regarding these essays - average, below average, or whatever scale it used.  Unfortunately, school districts only have to "consider" IEEs - they don't have to go by them and are free to use their own evaluation results to drive goals and services.  As far as getting the findings of the IEE into the IEP, you can do that by way of the present levels.

The writing goal may be a joke without SDI, but here is the silver lining:  They must collect data (writing samples) pursuant to this goal and must show them to you.  Make sure the goal clearly states that it must be reached WITHOUT accommodations or teacher assistance/editing.

[Janis]

Great advice for goal to be reached without accommodations!!!!!  Thank you!

Is a kiddos essay “Copyright Infringement”? My kiddos spontaneous writing sample from his TOWL4 assessment (subtest Essay Composition) was included in the IEE report, so it seems that the actual essay is not Cooyright Infringement.  I do not know if this has to do specifically with the TOWL4 and that the WIAT 4 might have different Copyright Infringement interpretations?

However, since the IEE psychologist included the TOWL4 essay sample in his report,  if a district administers the  TOWL 4, it seems they could also include essay sample in their report

*Recently, our district wanted to administer the TOWL 4, but refused to confirm that they would administer the essay composition subtest.  This was a huge red flag because it was ONLY the essay composition subtest that provided the results consistent with SLD written expression.   Like many standardized tests, written expression doesn’t necessarily accurately reflect a kiddos writing ability in middle and high school. 

Districts WIAT4 showed “average” in the written composition Composite….because the composite is the average of a few subtest scores.  District refused to look at separate subtests even though that is exactly what the independent evaluator did.  Additionally, like AM, the district included a writing goal for this kiddo 

District would not provide the essay sample but did divulge that the scoring had strange rules in mechanics specifically with the use of commas.   I am trying to drill down on this because in many tests, written expression is a composite score and it is the subtest of essay writing that clearly shows a student’s actual writing ability (in certain situations, of course).   My kiddo was sending English assignments back to the teacher in 8th grade saying he didn’t learn this and needed help with grammar which was totally ignored.  That was a year ago.  

We had the SLD in written expression documented with his actual essay in the report which we brought to PA when we arrived as they began their ER testing.  At the same time, my son was self-advocating and asking for help in this area of need in writing on his assignments to his English teacher, and by June we had MAP scores with low growth and then the PSSA scores in ELA at the Basic level.  
*How do we get a district to provide real writing instruction in an SDI (that is more than just lip service) along with the one meager writing goal?

*How can we make certain that the district is administering the proper subtests for written expression (for older students this should include the essay composition subtest) when they can choose to administer whichever subtests they want?

I am really worried that about AM’s district using the TOWL4 “averaged” scores.  This will create a paper trail where district listens to mom’s concerns but turns out student is scoring in the “average range” because district is not focusing on the area of need…the actual writing…but instead burying this important subtest.

I have read many cases where hearing officers cite District’s “Average” scores by their qualified professionals.