Archives for category: Federal Waiver

The Tampa Bay Times published an editorial saying that the U.S. Department was “out of line” for threatening to yank Florida’s NCLB waiver.

Duncan took away Washington State’s waiver because the legislature refused to tie teacher evaluations to student test score. So now, schools across the state must send home letters saying that their child attends a “failing” school because it had not achieved 100% proficiency on tests of reading and math.

Duncan took away Oklahoma’s waiver because the Legislature repealed the state’s participation in the Common Core, and the governor signed the law.

What did Florida do to offend the U.S. Department of Education?

“Duncan’s staff has put Florida on notice that the state is at risk of violating NCLB standards that require all children to be counted equally in accountability formulas. Earlier this year, with the support of educators and advocates, the Legislature agreed to give non-English-speaking students two years in a U.S. school before including their standardized test scores in school grading formulas. The change was an acknowledgement of the huge learning curve such children face and that schools should not be penalized if those students can’t read, comprehend and write English at grade level within a year.

“Yet to the federal bureaucrats enforcing the unpopular NCLB law, such common sense doesn’t matter. They have given Florida a year to make changes or risk losing its NCLB waiver, which has allowed the state to substitute its own accountability efforts for some of the most unworkable federal mandates. Those include the idealistic but unreasonable federal standard for 2014 that each child at a school must be working at grade level for the school not to be deemed “failing.”

Thus, if Florida wants to keep its waiver, the Florida legislature must change the law so that English learners are allowed only one year to master English ad be tested in English.

The editorial concludes:

“Ultimately, the continued flaws in NCLB are Congress’ fault, because it has failed repeatedly to adopt reforms. But the last thing federal enforcers should be doing is punishing a state for embracing a commonsense reform. Education Secretary Duncan needs to find a better solution.”

Peter Greene discovered an article in the Vanderbilt Law Review by University of South Carolina law professor Derek W. Black that argues that Arne Duncan’s waivers from NCLB are unconstitutional.

Greene writes, quoting the article by Black:

“Two of the most significant events in the history of public education occurred over the last year. First, after two centuries of local control and variation, states adopted a national curriculum. Second, states changed the way they would evaluate and retain teachers, significantly altering teachers’ most revered right, tenure. Not all states adopted these changes of their own free will. The changes were the result of the United States Secretary of Education exercising unprecedented agency power in the midst of an educational crisis: the impending failure of almost all of the nation’s schools under the No Child Left Behind Act (NCLB). The Secretary invoked the power to impose new conditions on states in exchange for waiving their obligations under NCLB….As a practical matter, he federalized
education in just a few short months.”

Greene then says:

“This allows the kibbitzing to start immediately in response. Black does not distinguish at all between Common Core Standards and a national curriculum, a distinction without a difference that reformsters have fought hard to maintain. Nor will reformsters care for the assertion that states did not all adopt reform measures of their own free will. But all of that background in the first paragraph of the article is simply setting the stage for Black’s main point.

“This unilateral action [writes Black] is remarkable not only for education, but from a constitutional balance-of-power perspective. … Yet, as efficacious as unilateral action through statutory waiver might be, it is unconstitutional absent carefully crafted legislative authority. Secretary Duncan lacked that authority. Thus, the federalization of education through conditional waivers was momentous, but unconstitutional.”

Secretary of Education Arne Duncan decided to punish Oklahoma for revoking the Common Core standards, according to Caitlin Emma in Politico. Oklahoma will lose its federal waiver from the structures of No ChildLeft Behind, which mandates that all students in grades 3-8 must be proficient in math and reading by this year. Since this is in fact an impossible goal, all public schools in Oklahoma will be “failing” schools and subject to a variety of sanctions, including state takeover, being turned into a charter school, or closed.

Indiana, which also revoked the Common Core standards, received a one-year extension of its waiver because it has not yet replaced the Common Core standards.

““It is outrageous that President [Barack] Obama and Washington bureaucrats are trying to dictate how Oklahoma schools spend education dollars,” Oklahoma Gov. Mary Fallin said in a statement. “Because of overwhelming opposition from Oklahoma parents and voters to Common Core, Washington is now acting to punish us. This is one more example of an out-of-control presidency that places a politicized Washington agenda over the well-being of Oklahoma students.”

“This marks the first time the Education Department has stripped a state of its waiver on the grounds of academic standards, said Anne Hyslop, a senior policy analyst for Bellwether Education Partners.

“This is obviously dicey water for the Secretary [Arne] Duncan, given growing opposition to Common Core,” she said.
States had to adopt so-called college- and career-ready standards to escape some of NCLB’s requirements, including offering school choice and tutoring or reconfiguring schools that are considered failing under the law. But most states with waivers adopted the Common Core.

“Fallin did an about-face on her support of the standards this year and signed a bill in early June repealing the Common Core after previously supporting the standards. The state reverted to its old academic standards, the Oklahoma Priority Academic Student Skills standards.”

Even Michael Petrilli of the conservative Thomas B. Fordham Institute, a fervent supporter of Common Core, denounced Duncan’s decision:

“Fordham Institute President Michael Petrilli called the Education Department’s move a “terrible decision.”
“While Bobby Jindal doesn’t have a case against Arne Duncan, Oklahoma Gov. Mary Fallin sure as heck does,” he said. “I hope she sues. Nothing in ESEA gives the secretary of education the authority to push states around when it comes to their standards.”

Whatever your opinion of the Common Core, Duncan’s actions make clear that the U.S. Department of Education is coercing states to adopt them through the waivers, and that Duncan is asserting federal control of state standards, curriculum, and instruction, all of which are interwoven in the Common Core standards and tests. The fact that this role is forbidden by federal law should concern someone somewhere.

Read more: http://www.politico.com/story/2014/08/oklahoma-common-core-no-child-left-behind-waiver-110421.html#ixzz3BmReC5XW

Washington State declined to ask Arne Duncan for a waiver from NCLB because the legislature thought that the price was too high. In exchange for gaining freedom from NCLB’s demand that 100% of students would be proficient by 2014, the state would have to agree to endorse Arne Duncan’s inane idea that teachers should be evaluated by the test scores of their students. Apparently some wise policy makers saw the research and the universal failure of Duncan’s idea and said “no thanks.”

Now virtually every school in the state of Washington is a “failing school.”

The superintendents are required to send a letter to parents informing them that their child attends a failing school. But 28 superintendents sent a cover letter explaining that the law required them to say something untrue.

““Some of our state’s and districts’ most successful and highly recognized schools are now being labeled ‘failing’ by an antiquated law that most educators and elected officials — as well as the U.S. Department of Education — acknowledge isn’t working,” the cover letter states. The letter is signed by John Welch, superintendent of the Puget Sound Educational Service District, which represents the 28 districts.

“The signees include many of the larger school districts in King and Pierce counties, such as Bellevue, Federal Way, Issaquah, Kent, Lake Washington, Northshore, Renton and Tacoma.
They announced the protest letter at an event Wednesday.

“Seattle Public Schools did not sign it, but supports the letter’s sentiments, a spokeswoman said.”

NCLB is a pathetic hoax that was intended to label almost every school in the nation a failing school. Kudos to the superintendents of Washington State for standing up to abusive federal power—not only NCLB but the coercive waiver too.

28 superintendents in Washington state join the honor roll for courage in support of public education.

This is a good news story about a state commissioner of education who stood up and said, with quiet determination, that the emperor has no clothes.

That state commissioner is Rebecca Holcombe of Vermont. She wrote a clear and eloquent letter to the parents and caregivers of Vermont, explaining the punitive and incoherent nature of federal education policy, which (under NCLB) requires that every single school in Vermont be labeled low-performing, even though many national and international measures show that Vermont is a high-performing state. She explained that Vermont refused to apply for a waiver from NCLB offered by Secretary Duncan because it would have forced the state to evaluate teachers by their students’ test scores, which is unreliable and unfair to teachers and students.

Commissioner Holcombe wrote that Vermont believes that schools have purposes that are no less important (and perhaps more important) than test scores.

For her thoughtfulness, her integrity, her devotion to children, her understanding of the broad aims of education, and her courage in standing firm against ruinous federal policies, Rebecca Holcombe is a hero of American education. Most people go along with the crowd, even when doing so violates their sense of personal and professional ethics. Not Commissioner Holcombe. If our nation had more state commissioners like her, it would save our children from a mindless culture of test and punish that the federal department of education has imposed on them and our nation’s schools.

This is the letter that State Commissioner Holcombe wrote to every parent and caregiver in Vermont:

“Under the No Child Left Behind Act (NCLB), as of 2014, if only one child in your school does not score as “proficient” on state tests, then your school must be “identified” as “low performing” under federal law. This year, every school whose students took the NECAP tests last year is now considered a “low performing” school by the US Department of Education. A small group of schools were not affected by this policy this year because they helped pilot the new state assessment and so did not take the NECAPs last year. Because these schools had their federal AYP status frozen at 2013 levels, eight schools are not yet identified as low performing by federal criteria. However, had these school taken the NECAPs as well, it is likely that every single school in the state would have to be classified as “low performing” according to federal guidelines.

The Vermont Agency of Education does not agree with this federal policy, nor do we agree that all of our schools are low performing.

In 2013, the federal Education Department released a study comparing the performance of US states to the 47 countries that participated in the most recent Trends in International Mathematics and Science Study, one of the two large international comparative assessments. Vermont ranked 7th in the world in eighth-grade mathematics and 4th in science. Only Massachusetts, which has a comparable child poverty rate, did better.

“On the National Assessment of Educational Progress, Vermont consistently ranks at the highest levels. We have the best graduation rate in the nation and are ranked second in child well-being.

“Just this week, a social media company that compares financial products (WalletHub) analyzed twelve different quality metrics and ranked Vermont’s school system third in the nation in terms school performance and outcomes.

“Nevertheless, if we fail to announce that each Vermont school is “low performing,” we jeopardize federal funding for elementary and secondary education. The “low performing” label brings with it a number of mandatory sanctions, which your principal is required to explain to you. This policy does not serve the interest of Vermont schools, nor does it advance our economic or social well-being. Further, it takes our focus away from other measures that give us more meaningful and useful data on school effectiveness.

“It is not realistic to expect every single tested child in every school to score as proficient. Some of our students are very capable, but may have unique learning needs that make it difficult for them to accurately demonstrate their strengths on a standardized test. Some of our children survived traumatic events that preclude good performance on the test when it is administered. Some of our students recently arrived from other countries, and have many valuable talents but may not yet have a good grasp of the academic English used on our assessments. And, some of our students are just kids who for whatever reason are not interested in demonstrating their best work on a standardized test on a given day.

“We know that statewide, our biggest challenge is finding better ways to engage and support the learning of children living in poverty. Our students from families with means and parents with more education, consistently are among the top performing in the country. However, federal NCLB policy has not helped our schools improve learning or narrow the gaps we see in our data between children living in poverty and children from more affluent families. We need a different approach that actually works.”

What are the alternatives? Most other states have received a waiver to get out from under the broken NCLB policy. They did this by agreeing to evaluate their teachers and principals based on the standardized test scores of their students. Vermont is one of only 5 states that do not have a waiver at this time. We chose not to agree to a waiver for a lot of reasons, including that the research we have read on evaluating teachers based on test scores suggests these methods are unreliable in classes with 15 or fewer students, and this represents about 40-50% of our classes. It would be unfair to our students to automatically fire their educators based on technically inadequate tools. Also, there is evidence suggesting that over-relying on test-based evaluation might fail to credit educators for doing things we actually want them to do, such as teach a rich curriculum across all important subject areas, and not just math and English language arts. In fact, nation-wide, we expect more and more states to give up these waivers for many of the reasons we chose not to pursue one in the first place.

Like other Vermont educators, I am deeply committed to continuously improving our schools and the professional skill of our teachers. I have heard from principals and teachers across the state who are deeply committed to developing better ways of teaching and working with parents and other organizations to ensure that every child’s basic needs are met. If basic needs are not met, children cannot take advantage of opportunities that we provide in school. However, the federal law narrows our vision of schools and what we should be about. Ironically, the only way a school could pass the NCLB criteria would be to leave some children behind – to exclude some of the students who come to our doors. That is something public schools in Vermont will not do.

Matching Our Measures to Our Purpose

Certainly, we know tests are an important part of our tool kit, but they do not capture everything that is important for our children to learn. With this in mind, our State Board of Education clearly outlined five additional education priorities in our new Education Quality Standards, including scientific inquiry, citizenship, physical health and wellness, artistic expression and 21st century transferable skills.

As parents and caregivers, we embrace a broader vision for our children than that defined in federal policy. Thus, we encourage you to look at your own child’s individual growth and learning, along with evidence your school has provided related to your child’s progress. Below are some questions to consider:

• What evidence does your school provide of your child’s growing proficiency?

• Is your child developing the skills and understanding she needs to thrive in school and
the community?

• Are graduates of your school system prepared to succeed in college and/or careers?

• Is your child happy to go to school and engaged in learning?

• Can your child explain what he is learning and why? Can your child give examples of
skills he has mastered?

• Is your child developing good work habits? Does she understand that practice leads to
better performance?

• Does your child feel his work in school is related to his college and career goals?

• Does your child have one adult at the school whom she trusts and who is committed to
her success?

• If you have concerns, have you reached out to your child’s teacher to share your
perspective?

Be engaged with your school, look at evidence of your own child’s learning, and work with your local educators to ensure that every child is challenged and supported, learning and thriving. Schools prosper when parents are involved as the first teachers of their children.

The State’s Obligation to Our Children

Working with the Governor, the State Board, the General Assembly and other agencies, and most importantly, with educators across the state, the Agency of Education will invite schools across the state to come together to innovate and improve our schools. We hope your school will volunteer to help develop and use a variety of other measures that will give parents, citizens and educators better information on student learning and what we can do to personalize and make it better. These measures include:

• collaborative school visits by teams of peers, to support research, professional learning and sharing of innovative ideas,

• personalization of learning through projects and performance assessments of proficiency,

• gathering and sharing of feedback from teachers, parents and students related to school climate and culture, student engagement and opportunities for self-directed learning,

• providing teachers and administrators standards-based feedback on the effectiveness of their instruction,

• developing personalized learning plans that involve students in defining how they will demonstrate they are ready to graduate, and basing graduation on these personalized assessments of proficiency rather than “seat-time”,

• analyzing growth and improvement at the Supervisory level as well as the school level, to identify systems that seem to be fostering greater growth in students, as a way of identifying and sharing promising practices across schools.

Vermont has a proud and distinguished educational history, but we know we can always do better. We are committed to supporting our schools as they find more effective and more engaging ways to improve the skills and knowledge of our children. As we have done before, we intend to draw on the tremendous professional capability of teachers across the state as we work to continuously improve our schools. Our strength has always been our ingenuity and persistence. In spite of federal policies that poorly fit the unique nature of Vermont, let’s continue to work together to build great schools that prepare our children to be productive citizens and contributors to our society

The centerpiece of Race to the Top is evaluating teachers by test scores. The students of good teachers, Arne Duncan and Barack Obama believe, get higher scores. If they have low scores, it is the fault of bad teachers. There was no evidence for their beliefs, other than the speculations of economists and statisticians. Real teachers never believed the theory, because they know that many favors affect test scores, not just teachers.

Thirty five states and DC followed Duncan’s lead, even though his hunch lacked any evidence . Lyndsey Layton has a comprehensive article in today’s Washington Post, describing the latest study to disprove Duncan’s theory.

Spurred on by Duncan, many states now use test scores to determine tenure and compensation. Duncan recently said he wants to judge the quality of teacher education programs by the test scores of students taught by their graduates.

Secretary Duncan’s love affair with standardized testing is inexplicable. There can be no question that he has caused immense damage to children, teachers, and public education.

Washington State thoughtfully rejected Arne Duncan’s threat to cancel its waiver from the absurd demands of No Child Left Behind. The decision to say no to federal demands and intimidation was bipartisan.

The Legislature refused to bend to Duncan’s insistence that the state adopt test-based evaluation, which has consistently failed across the nation and has been declared inaccurate by the nation’s leading scholarly organizations.

The Washington State legislature understands federalism. Secretary Duncan does not. He thinks he is charge of the nation’s schools–every one f them. As someone who spent eight years running the Chicago public school system, one of the nation’s lowest-performing, he should have earned humility. Unfortunately, he enjoys a sense of certainty that is astonishing, almost as astonishing as his indifference to research and evidence.

The sense of the Washington State legislature was succinctly expressed by Chris Rekydal, a Democrat.

Unlike Duncan, Rekydal understands that the Tenth Amendment to the Constitution leaves education policy to states and localities.

He said in a statement:

“As a legislator who voted for our state’s robust home-grown teacher-principal evaluation system and one of the authors of our state’s new rigorous 24-credit graduation framework, I am disappointed in the federal government’s decision to repeal our waiver.

“This is a tremendous moment in our nation’s history where a state that strongly supported the President in 2008 and again in 2012 soundly rejected the federal government’s demands to structure our teacher-principal evaluation system to the specific criteria established by the U.S. Dept. of Education.

“My message to President Obama and Secretary Duncan is that Washington State is committed to education reform that is collaborative, bipartisan, and focused on student success and teacher growth. Our legislative decision to reject the federal government’s demands was done with substantial deliberation and a deep respect for state and local control.

“The bipartisan rejection of this federal government demand during the 2014 legislative session is a strong and unifying message that our state fully embraces our constitutional 10th Amendment guarantee to develop, fund, and administer our state’s education system as the citizens of the state of Washington and their elected representatives determine, not as federal officials deem it appropriate.

“Washington State has one of the leading K-12 systems in the United States. With 89% of our adult population having earned a high school diploma or greater, we are a national leader in student success, employment growth, and earnings.

“I strongly encourage federal officials to use this moment in history to model Washington State’s success instead of using us as an example of federal government power and leverage. I challenge the federal government to turn a corner on education reform, fix the deeply-flawed and failed No Child Left Behind Act, and get back to empowering the states instead of coercing them.

“No Child Left Behind is a failed policy of the Bush administration that focuses on student failure and school punishment. This is no way to run a public education system. Enacting bad policy at the state level as a result of bad policy at the federal level will not help schools – and certainly won’t help students – be successful.”

 

Subject: POLITICO Breaking News

The Education Department is pulling Washington state’s No Child Left Behind waiver because the state has not met the department’s timeline for tying teacher evaluations to student performance metrics.

Washington is the first state to lose its waiver. The loss will give local districts less flexibility in using federal funds. For instance, they may now be required to spend millions on private tutoring services for at-risk students. The waiver revocation could also result in nearly every school across the state being labeled as failing under NCLB.

Washington had pledged in its waiver application to make student growth a significant factor in teacher and principal evaluations by the 2014-15 school year. But the state Legislature refused to pass a bill mandating that student performance on statewide assessments be included in teacher evaluations. The department placed the state on “high-risk” status in August. Arizona, Kansas and Oregon are also at risk of losing their waivers.

For more information… http://www.politico.com

 

Secretary of Education Arne Duncan handed out numerous waivers to states to avoid the 2014 deadline in the No Child Left Behind law.

Under the law, every state must assure that every single child in grades 3-8 is proficient on state tests of reading and mathematics.

No state met the deadline. If the law remains in effect (it was supposed to be reauthorized in 2007, but gets extended year after year), every state would be declared a failed state, and virtually every public school in the United States would be closed or privatized or suffer some other sanction for failing to meet an impossible goal. It bears pointing out that no nation in the world can claim that 100% of its students are proficient in reading and math.

But Duncan didn’t hand out waivers wholesale. Instead, he made the waiver conditional on the state agreeing to accept his conditions, which were similar to the conditions in Race to the Top. In effect, states are now following Race to the Top requirements but without the prize money.

One of the central conditions of the waiver, like Race to the Top, was that states must agree to evaluate their teachers and principals based to a significant degree on the test scores of their students.

Washington State has failed to create such a system. Today Arne Duncan withdrew Washington State’s NCLB waiver to punish it for failing to do as he demanded.

Perhaps legislators in Washington State noticed that this method of evaluating teachers and principals has failed wherever it was tried.

Perhaps they read the joint report of the National Academy of Education and the American Educational Research Association, which cautioned that “value-added measurement” was inaccurate and unstable, and that it measures who is in the classroom rather than teacher quality. The legislators probably did not have a chance to read the recent report of the American Statistical Association, which also cautioned on the use of VAM, because of its imprecision and its unintended effects. But they may have read Stanford Professor Edward Haertel’s advice that states should not set numerical percentages for the use of test scores to evaluate teachers. All of these reports reach the same conclusion: that Duncan’s favorite solution to raising teacher quality does not have evidence to support it.

Let’s hope that Washington State says no to the illegitimate demands of the Secretary of Education. Duncan is overreaching. He is not the nation’s superintendent of schools. He should learn about federalism and about the limited role of the federal government in the area of education.

Meanwhile, I hope that the state of Washington sues the Secretary of Education and helps him learn about federalism and about the importance of evidence in policymaking.

Here is Duncan’s official letter to Washington State, notifying them that they are being punished for defying his orders.

Here is Peter Greene’s deconstruction of Arne Duncan’s letter to Washington State: read here.

Arne Duncan may withdraw the waiver he extended to Washington State because it failed to adopt a test-based teacher evaluation system, as he demanded.

The first question is, what this will mean for Washington State, should Duncan withdraw the waiver? If the state reverts to the requirements of NCLB, then very likely every school and every district will be a “failing” school or district and therefore subject to draconian punishments, such as state takeover, takeover by a private management company, takeover by charter operators, or closure. In short, the entire state public school system would be privatized, subject to state control, or closed. The utter absurdity of NCLB would be on public display for all to see. That might be a valuable lesson for the nation, helping to hasten an end to a failed law.

Another interesting question that the Washington State issue raises is where Arne Duncan got the authority to set the terms of waivers from the law. Did Congress say he could do it? I don’t think so. Is it legal for him to create conditions that mirror Race to the Top requirements but without RTTT funding? Congress might want to know the answer to that question, especially Senator Patty Murray of Washington, who will not be happy to see her entire state branded a failure. Senator Murray is chair of the Senate Budget Committee and a member of the Senate Health, Education, Labor, and Pensions committee.

Third, why should he revoke his legally dubious waiver because a state fails to enact a program that has consistently failed wherever it was tried? Evaluating teachers by test scores has not worked anywhere, has received negative reviews from most education researchers, yet Duncan clings to it with religious faith.

Why should Washington State be punished for demonstrating good judgment, wisdom, and critical thinking?

A teacher in North Carolina left this comment:

NC has requested a waiver that even though we are now on the new evaluation system (which, interestingly, is continuously being reworked (Home Base) because Pearson is still getting kinks out—-possibly another one of those airplanes being built in the air)—anyway, the waiver would allow that even though the online evaluator system (which I assume factors in test scores) is up and running (sort of) that it not be used to make personnel decisions until 2016-2017.
It seems to be the era of mandates that are impossible, and then a series of waivers to get out of them. It seems like a parent making ridiculous parameters for children, but then constantly giving passes to work around them.
Most want to still blame everything on W. I cannot accept that. What is going on right now has nothing to do with W, directly speaking. There was an opportunity, I am assuming, to move away from NCLB and instead we are even deeper into that type of mandating and waivering (wavering).
Platitudes never seem viable. To me they just indicate posturing on the part of decision-makers.
While it may be wiser to vote for Democrats in NC in you are pro-public school, I am still waiting for Democrats to take ownership in some of the troubles we are seeing.

Add to that—while teachers can always improve, I will say that as an institution public school is far more sophisticated than any reformer would ever want to admit. I read over the stack of IEPs yesterday provided to me by the special ed teachers (because I am on the team of teachers who teach the children and therefore need to know about accommodations, modifications, behavior patterns etc) and I was thinking to myself that no matter what kind of undergraduate education a young graduate has had, a building full of inexperienced educators (such as a charter could be—not sure that they ever have been), could not possibly offer the services to special education students that a well-established public school can. The problem is right now there are ideas that want to treat everyone the same. And we are risking throwing out the baby with the bathwater in a big way. A big, expensive way. We gotta figure this out. And we can’t just blame it on W.

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