To: All Public School Administrators….

The Oregon Department of Education (ODE) announced ...  that all Oregon schools will use paper-and-pencil assessment tests in math and reading for the remainder of the 2006-07 school year. This action is necessary because ODE's contractor for TESA, Vantage Learning, has declined to continue performing services required under the contract. ODE exhausted every option to continue with TESA until the end of the school year. ODE is working with the Oregon Department of Justice to explore its legal options….

 • ODE is moving to produce test booklets and answer sheets in reading and math and have those sorted and distributed to districts by May 4th. Science testing will be suspended until next year; juried assessments in science at the CIM-level are still available.

• The paper and pencil multiple-choice testing window will be extended until May 31…..

Vantage Learning, Oregon’s testing contractor since 2001, was not selected to continue as our contractor in a competitive process that occurred late last year….  Following the notification… Vantage produced “past due invoices” in the amount of $2.8 million dollars. ODE immediately notified Vantage that ODE disputed those additional invoices…. On January 23, Vantage informed ODE that because of this dispute, Vantage would terminate its work with Oregon before the end of our scheduled testing window in mid-May. Negotiations immediately began to continue TESA and complete the school year. ODE’s Deputy Superintendent traveled to Vantage headquarters in an effort to resolve the dispute…. It was Vantage's decision to terminate all services effective March 9, 2007, by posting an electronic notice on the TESA system. ODE made the decision to go with paper-and-pencil tests, and ODE will sign a contract with a new vendor and TESA will be online for testing next year.

Memo # 012-2006-07 Online Testing Replaced with Paper-and-Pencil Until the End of this School Year, March 13.

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The state of Oregon last week sued Vantage Learning…. The lawsuit… alleges that the company broke its contract by switching off the state’s testing system on March 9—weeks before its contract expired on April 27—and leaving the state in the lurch as its public schools try to complete their mandated testing this spring.

Vantage… vigorously denies that it has not lived up to its obligations. Robert Patrylak, a lawyer for Vantage, said last week that the state owes the company several million dollars for providing thousands of assessments.

The state charges that, besides breaching its contract, the company has failed to provide data from tests that students have taken online…. (and) that the online-testing system… has suffered data losses, outages, and other performance glitches in recent months.

Mr. Patrylak acknowledged that Vantage recently shut down its online-testing systems for one day because of an electrical problem. But he disputed the state’s claims in its legal complaint, including that the company’s quality of service dropped after the state announced in October that it would not renew its contract with Vantage for online testing for the 2007-08 school year.

Mr. Patrylak disputed the state’s claim that it was caught by surprise by the system’s turn-off last week. Even though the company hadn’t specifically warned the state of a cutoff, the state was given fair notice, he said, when the company terminated the contract for nonpayment on Jan. 23.... Vantage plans to sue Oregon claiming damages, “including damages for the reputation of our company….”

On Jan. 23, the company told the state it was ending the contract “for cause,” both sides agree…. The state argues that the company was not entitled to do so, however, unless the state had failed to tender “undisputed payment” to Vantage….

On March 9, students in Oregon schools who logged on to their computers to take state tests were presented with the on-screen message: “Important Notice for TESA Service Users.”... The notice explained that the company terminated its contract with the state on Jan. 23, and said in part, “[The Oregon Department of Education’s] bills for the TESA Service remain unpaid. Consequently, the TESA system will be unavailable for continued testing until further notice.”… Mr. Dennis said the company gave the state no advance notice….

Andrew Trotter, Education Week, March 21.

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State Schools Superintendent Susan Castillo announced today that the Oregon Department of Education has signed a contract with American Institutes for Research (AIR) to host the state’s Technology Enhanced Student Assessment (TESA) online testing system. The AIR contract is for testing during the 2007-08 school year….

“AIR has proven experience in assessment, and they will be able to deliver an improved version of TESA for Oregon with 100% guaranteed uptime,” Castillo said….

AIR plans to provide TESA with a friendly and familiar user interface for students and teachers, which should ease the transition from the existing system. In addition, AIR will be able to support ODE as we move beyond the TESA basics of multiple-choice items to offer drag-and-drop, simulation and other item types. Finally, AIR will enhance TESA’s reporting capabilities to provide more types of student reports, including the ability to track a student over time.

Founded in 1946, American Institutes for Research brings experience in educational assessments as well as assessment for personnel selections…. They have developed assessment programs for state clients including California, Ohio, Hawaii, New Mexico, and South Carolina. Corporate offices are located in Washington, DC.

Press Release, March 23.