Archives for category: U.S. Department of Education

Laura H. Chapman provides here the relevant federal statutes that restrict the role of federal officials to prevent federal intrusion and control of public education. The prohibition of federal employees exercising any direction, supervision, or control over the curriculum, instruction or personnel of public schools was enacted when the U.S. Department of Education was created in 1979. Secretary Duncan insists that the Department of Education is not directing or influencing curriculum or instruction by its ardent support for the Common Core standards or its $360 million funding of CCSS tests. We all know that standards and tests don’t influence curriculum and instruction, right?

Legal Restriction: “U. S. Congress. General Provisions Concerning Education. (2010, February). Section 438 (20 U.S.C. § 1232a). US Code TITLE 20 EDUCATION CHAPTER 31, SUBCHAPTER III, Part 2, §§ 1232a. Prohibition against Federal control of education. No provision of any applicable program shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system, or to require the assignment or transportation of students or teachers in order to overcome racial imbalance.” Retrieved from http://www.law.cornell.edu/uscode/20/usc_sup_01_20.html

Legal Restriction: “The No Child Left Behind Act of 2001, Pub. L. No. 107-110, 115 Stat. 1425 (2002). Section 9527 ESEA amended by NCLB (20 U.S.C. § 7907(a).1) This provision is based on 20 U.S.C. 7907(a) (Section 9527(a) of NCLB). Section 7907(a) is one of the ESEA’s general provisions contained in Title IX of the Act. It states: Nothing in this [Act] shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this [Act]. 20 U.S.C. 7907(a).”

Since 2002 federal officials have been threading legal needles with the carefully contrived language of “deniability” if they are accused of violating federal law.

No one in Congress has the interest or courage to call for the hearings needed to expose the damage, incompetence, and under the table deals with lobbyists–all enabling the destruction of public education except for the funding that will subsidize for-profit schemes conjured by billionaires who see education the nation’s young people as a source of profit and, in some cases,opportunity for indoctrination.

Missouri Education Watchdog is a wonderful blog that I discovered only recently.

 

In this post, these questions are raised: why doesn’t the U.S. Department of Education know about the tenth amendment to the Constitution? Why, under Arne Duncan, is the DOE unaware of federalism? Why is the DOE constantly overstepping its bounds, trying to impose its ideas not only on states but on districts? Don’t the leaders and lawyers know that they are breaking the law? The law is clear: no employee of the U.S. government is supposed to influence, control or direct the curriculum or instruction in the nation’s public schools. Democrats and Republicans agreed on that provision; neither wanted the other to interfere in what is a state and local responsibility.

 

The most recent transgression is an initiative called “The Future Ready,” in which the DOE is bypassing states and going right to the districts to hawk technology.

 

“The main goal of this initiative is to get districts, charters and private schools to commit to maximizing their use of digital learning and broadband access to the internet. They want schools to fund the resources necessary to “leverage their maximum impact on student learning… to develop the human capacity, digital materials, and device access to use the new bandwidth wisely and effectively.” In other words, buy more devices so you can meet our Race To The Top goal of 1:1 student:device ratio so you can purchase more digital learning services and supplies. They have a lot of high powered (well funded) friends of Washington who produce educational supplies and services who need to be repaid for helping get the right people in office so the bureaucrats could get an appointment.

 

“They want districts to “transition to effective digital learning,” to “achieve tangible outcomes for the students they serve.” So here we all still are on the outcomes based education bandwagon.

 

“It’s a nice little system. Millions of students with no other education option, will be pushed into using a private company’s product which will in turn continuously collect data on their use to improve said product. And who benefits from this? The private company. How many of our Superintendents will gladly be team players and sign this little pledge without any careful consideration of the costs of such an action? If history is any example, it unfortunately will be many.

 

“Among other things, the pledge commits districts to helping support home internet access. Since when is this the job of a school district? If it is, then shouldn’t they also support efforts to get every child a nice desk and chair at which to study? Shouldn’t they also be in the business of making sure every child has a nice bed since sleep is critical to learning readiness? Where does the school district’s responsibility end when it comes to a child’s education? And since when is it the job of the education department of the federal government to make sure that internet is available in the home? Sure the internet is useful, but is this how we want our education dollars spent – paying for school officials to work on these kinds of ancillary projects? Aren’t we in fact turning our district personnel into free lobbyists for all the private companies who will benefit financially from the district’s use of technology?”

Peter Greene calls attention to a new federal grant program of $28.4 million, to pay for low-income students to take Advanced Placement courses. AP courses are a source of revenue for the College Board, whose president is David Coleman, architect of the Common Core.

Greene writes:

“I will remind everyone, as I always do, that the College Board (home of the AP test and the SATs) is not a philanthropic organization, administering these tests as some sort of public service. They are a business, one of several similar ones, selling a product. This program is the equivalent of the feds saying, “Students really need to be able to drive a Ford to school, so we we’re going to finance the purchase of Fords for some students.”

“What does the College Board get out of this program?

“Huge product placement. David Coleman’s College Board has been working hard to market the AP test as the go-to proof that a student is on the college path. Some states (PA is one) give extra points to school evaluation scores based on the number of AP courses offered. The new PSAT will become an AP-recommendation generator. This program is one more tap-tap-tap in the drumbeat that if you want to go to college, you must hit the AP. The program can also be directed toward IB tests or “other approved advanced placement tests,” but it’s the AP brand that is on the marquee.

“The product placement represents a savvy marketing end run. The AP biz has previously depended on the kindness of colleges to push their product. But colleges and universities weren’t really working all that hard to market the College Board’s product for them. Now, with the help of state and federal governments and their own PSAT test, the College Board is marketing directly to parents and students, tapping into that same must-go-to-college gut-level terror that makes the SAT test the must-take test.

“$28.4 million.

“What do low-income students get out of this?

“A chance to take an AP test. Not, mind you, more resources to get ready for it, nor do they get help with actually going to a college after taking the test (which may or may not give them any help once they get in).

“These grants eliminate some of the financial roadblocks for low-income students taking Advanced Placement courses, letting them take tests with the potential of earning college credit while in high school,” said U.S. Secretary of Education Arne Duncan.”

So it’s not help to prepare for the tests, no guarantee of earning college credit in high school, just a chance to take a test that you may not be prepared for. And a nice addition to the College Board’s bottom line. Let us not forget that Coleman got his start at McKinsey. He is a businessman, not an educator. And the College Board’s relationship with the DOE is good business.

After reading Mark Naison’s account of the BAT’s meeting with DOE staff and the Duncan himself, Peter Green was delighted that staff at the U.S. Department of Education finally had to listen to teachers that were not hand-picked to be deferential.

He noted two important points that inadvertently emerged from the talk.

“First, Marla Kilfoyle expressed her concerns about the Department’s new policy of testing students with disabilities into a magical state of Not Having Disabilities.

Secretary Duncan deflected her remarks by saying that the Department was concerned that too many children of color were being inappropriately diagnosed as being Special Needs children and that once they were put in that category they were permanently marginalized. He then said “We want to make sure that all student are exposed to a rigorous curriculum.”

So… we’re afraid that too many children of color are being mislabeled as having special needs, so rather than fix that, we’re just going to operate on a new assumption that students labeled special needs don’t actually have special needs. This is perhaps not the most direct way to attack that particular problem (we might start by checking to see how big a problem it is).

Then this, in a discussion of VAM and school closings, leading to the subject of teacher evaluation.

They two officials [one communications guy and an intern] had no real answer to what Dr Wiliams was saying and deflected attention from his critique by insisting that we needed to hold teachers accountable by student test scores because there was no other way of making sure teachers took every student seriously and helped all of them reach their full potential.

It’s not that we didn’t deduce this already, but there’s your statement. Teachers are the problem. We don’t want to do our jobs and the only way we can be made to do our jobs is with threats, because that’s the only thing we will possibly respond to.”

There you have it. Teachers won’t do their job unless D.C. Is threatening them. Please understand that most of the staff at the U.S. Department of Education have never taught. They are bureaucrats or clerks or very nice people who landed a good job in government.

How dare they tell teachers how to teach and threaten their jobs?

Sarah Reckhow and Jeffrey W. Snyder explain the new educational philanthropy–and how it intersects with federal priorities–in this valuable article.

They spot three significant trends:

“Our analysis proceeds in three parts. First, we examine phil- anthropic grant-making for political activities and demonstrate that funding for national policy advocacy grew from 2000 to 2010. Second, we analyze the shifting policy orientation among top education philanthropies. We find that most major education foundations increasingly support jurisdictional challengers— organizations that compete with or offer alternatives to public sector institutions. Meanwhile, funding for traditional public education institutions has declined. Third, we examine the range of actors and perspectives supported by philanthropic grants, applying social network analysis to identify overlapping patterns of grant-making. We find that top donors are increasingly supporting a shared set of organizations—predominantly jurisdictional challengers. We argue that the combination of these trends has played a role in strengthening the voice and influence of philanthropists in education policy.”

What are jurisdictional challengers? These are organizations that challenge the traditional governance of education, such as charter schools. More philanthropic money goes to these challengers, less money goes to traditional public schools, and more money goes to networks of jurisdictional challengers, like the NewSchools Venture Fund and Stand for Children.

This is a fine scholarly work that confirms what many of us saw with our own eyes. The philanthropic sector–led by Gates, Walton, and Broad and their allies like Dell–prefer disruptive organizations of charters to public schools. Indeed, they are using their vast fortunes to undercut public education and impose a free market competition among competing schools. As they go merrily about the task of disrupting an important democratic institution, they work in tandem with the U.S. Department of Education, which has assumed the task of destabilizing public education.

Big money–accountable to no one—and big government have embarked on an experiment in mass privatization. Do they ever ask themselves whether they might be wrong?

Here is the latest federal government report on fraud, waste, and abuse in the charter sector. It was released in May 2014 by the Center for Popular Democracy and Integrity in Education. The most common type of fraud identified was embezzlement.

CHARTER SCHOOL VULNERABILITIES TO WASTE, FRAUD, AND ABUSE

With the increase in funding that schools are receiving through the Recovery Act, we issued a report that highlighted past OIG investigations involving fraud at charter schools. The report brought to the Department’s attention our concern about vulnerabilities in the oversight of charter schools. Since 2005, OIG has opened more than 40 criminal investigations at charter schools, which have thus far resulted in 18 indictments and 15 convictions of charter school officials. Charter schools generally operate as independent entities that are subject to oversight by an LEA or authorized chartering agency. Our investigations have found, however, that LEAs or chartering agencies often fail to provide adequate oversight needed to ensure that Federal funds are properly used and accounted for. The type of fraud we identified generally involves embezzlement. The schemes that are used to accomplish this are varied. For example, we have found cases where charter school executives falsely increased their schools’ child count, thus increasing the funding levels from which to embezzle. We also identified an alleged grade changing scheme that allowed failing students to pass in order to ensure that the school met Adequate Yearly Progress, which allowed the school to continue operating, thus continuing a funding scheme from which to embezzle. We have also unraveled schemes where owners or employees of the charter schools created companies to which they diverted school funds and misused school credit cards for personal expenditures. Our report provided examples of investigative cases involving charter schools. The Department generally agreed with our observations and expressed interest in working with OIG in determining how to enhance, when appropriate, its policies and monitoring processes involving charter schools.

Paul Thomas here reviews many of the public statements of Secretary of Education Arne Duncan and finds a common theme: the cause of low test scores is low expectations.

 

If only society, the schools, and parents had higher expectations, no child would be left behind, no child would ever get low test scores, children with disabilities would excel.

 

Embedded in this claim is the strange belief that poverty, hunger, homelessness, racism, and other social maladies have no effect on students’ ability to learn in school.

 

Thomas refers to a list of popular but misguided beliefs that Duncan loves to repeat because they support his narrative of blaming teachers, parents, and schools:

 

In a recent blog post, Jack Schneider identified 10 popular reform claims offered by the current slate of education reformers, including Bill Gates, Michelle Rhee, and Duncan himself:

Claim 1: American teachers need more incentive to work hard….

Claim 2: Schools need disruptive innovation. The status quo is unacceptable….

Claim 3: The public schools are in crisis….

Claim 4: It should be easier to fire bad teachers. Tenure is a problem…

Claim 5: Schools need to teach more technology….

Claim 6: Teachers should be paid for results….

Claim 7: We need more charter schools…

Claim 8: We’re falling behind the rest of the world….

Claim 9: Teacher preparation is a sham….

Claim 10: Teachers only work nine months a year….

 

What do these claims have in common? First, each can be found repeatedly in comments made by Duncan, media reports, and the day-to-day assumptions held by the public. Second, each claim is misleading at best, and false at worst.

 

Obama’s USDOE and Secretary Duncan, however, use these widely accepted though false claims as partisan political distraction, rather than relying on evidence-based cases to target politically volatile and unpopular issues related to poverty, racism, inequity, and the short-comings of the free market. That’s not just a shame, it’s deplorable.

 

Thomas says that the U.S. Department of Education has a “twisted culture inside the USDOE—a culture that maintains a message of high expectations for students, teachers, and schools and thus diverts attention away from the more powerful influence of poverty and inequity in both society and schools.

Yet it seems increasingly evident that the only place where low expectations are the main sources of failure is inside the USDOE itself—specifically with the appointment of Duncan.” Duncan is not the only Secretary of Education who never taught, but he is the only Secretary with the arrogance to chastise teachers for their failures and low expectations, as if he knew how to do their job better than they do. Thomas writes that the USDOE is “a collection of appointees under Obama that lacks the experience, expertise and political will to lead the needed reforms facing U.S. public schools. Once the brief flurry of outrage passes, we must admit that the Obama education agenda will remain one of the greatest failures of the hope and change that Obama once promised.” So long as the USDOE continues to ignore the root cause of poor performance, none of their “reforms” will make any difference.

 

Stephanie Simon of politico.com reports that Randi Weingarten, president of the American Federation of Teachers, has invited members to debate the Common Core standards at the organization’s convention in Los Angeles.

Until now, Weingarten and the AFT have strongly defended the standards. But she has been reconsidering their value over the past 15 months. In April 2013, she said in a major speech in Néw York City that the standards should be separated from high-stakes testing because there had been inadequate preparation for them—little or no professional development, materials, or other necessary tools. In Néw York state, implementation of Common Core testing was hurried and slipshod. The passing marks were set so high that 70% of students failed–failure by design.

The Common Core standards have recently been in free fall. The Gates Foundation–which paid over $2 billion to write and promote the Common Core–has called for a moratorium on using the results for punishing teachers. The Chicago Teachers Union flatly rejected the Common Core standards. State after state have dropped the standards or the tests or both.

Now Weingarten is inviting members to weigh in.

Simon writes:

“The American Federation of Teachers will open its annual convention Friday morning with a startling announcement: After years of strongly backing the Common Core, the union now plans to give its members grants to critique the academic standards — or to write replacement standards from scratch.
It’s a sign that teachers are frustrated and fed up — and they’re making their anger heard, loud and clear.

“The AFT will also consider a resolution — drafted by its executive council — asserting that the promise of the Common Core has been corrupted by political manipulation, administrative bungling, corporate profiteering and an invalid scoring system designed to ensure huge numbers of kids fail the new math and language arts exams that will be rolled out next spring. An even more pointed resolution flat out opposing the standards will also likely come up for a vote.”

Read more: http://www.politico.com/story/2014/07/american-federation-of-teachers-common-core-108793.html#ixzz37B0IG6ju

Delegates to the national convention of the National Education Association passed a resolution calling for the resignation of Secretary of Education Arne Duncan.

Similar resolutions did not pass in 2011 ad 2012.

The resolution was proposed by the California Teachers Association. Teachers are angry at Duncan because of his support for the controversial Vergara decision, which ruled against teachers’ right to due process and his devotion to high-stakes testing.

NEA delegates approve creation of national campaign for equity and against “Toxic Testing”

Campaign to focus on assessments and developing real accountability systems

DENVER—The National Education Association (NEA) will launch a national campaign to put the focus of assessments and accountability back on ensuring equity and supporting student learning and end the “test blame and punish” system that has dominated public education in the last decade. The average American student and teacher now spend about 30 percent of the school year preparing for and taking standardized tests. NEA’s nearly 9,000 delegates voted today at its 2014 Representative Assembly for new measures to drive student success.

“The testing fixation has reached the point of insanity,” said NEA President Dennis Van Roekel. “Whatever valuable information testing mandates provided have been completely overshadowed by the enormous collateral damage inflicted on too many students. Our schools have been reduced to mere test prep factories and we are too-often ignoring student learning and opportunity in America.”

The measure approves the use of NEA resources to launch a national campaign to end the high stakes use of standardized tests, to sharply reduce the amount of student and instructional time consumed by tests, and to implement more effective forms of assessment and accountability. The impact of excessive testing is particularly harmful to many poor, minority, and special needs students.

“The sad truth is that test-based accountability has not closed the opportunity gaps between affluent and poor schools and students,” said NEA President Dennis Van Roekel. “It has not driven funding and support to the students from historically underfunded communities who need it most. Poverty and social inequities have far too long stood in the way of progress for all students.”

The anti-toxic testing measure calls for governmental oversight of the powerful testing industry with the creation of a “testing ombudsman” by the U.S. Department of Education, the U.S. Consumer Protection Bureau and the Federal Trade Commission. The position will serve as a watchdog over the influential testing industry and monitor testing companies’ impact on education legislation. NEA will continue to push the president and Congress to completely overhaul ESEA and return to grade-span testing thus ending NCLB’s mandates that require yearly testing, and to lift mandates requiring states to administer outdated tests that are not aligned to school curricula.

“It is past time for politicians to turn their eyes and ears away from those who profit from over-testing our students and listen instead to those who know what works in the classroom,” said Van Roekel.

NEA delegates also reaffirmed their commitment to high standards for all students and committed to further working with states that adopted the Common Core State Standards to ensure they are properly implemented and that educators are empowered to lead in that implementation process.

Delegates also passed new language on improving accountability systems, pushing for implementation of systems providing “real accountability in our public education system,” said Van Roekel. Delegates agreed to convene a broad representative group of NEA leaders from the national, state and local level to develop plans for public school accountability and support systems.

“Educators know that real accountability in public schools requires all stakeholders to place student needs at the center of all efforts. Real accountability in public schools requires that everyone—lawmakers, teachers, principals, parents, and students—partner in accepting responsibility for improving student learning and opportunity in America.”

Van Roekel insists that in order for real, sustainable change to occur in public education, major work must be done to provide equity in our schools and address the growing inequality in opportunities and resources for students across our nation.

The group will examine what steps NEA can take to build further on the components of excellence in teacher evaluation and accountability identified in NEA’s Policy Statement on Teacher Evaluation and Accountability, which was approved at the 2011 Representative Assembly in Chicago.

The accountability group will engage stakeholders in the education and civil rights communities to help respond to the growing inequality in opportunities and resources for students across the nation. Inequality must be addressed in order for real, sustainable change to occur in the public education system.

To follow floor action at the NEA 2014 Representative Assembly, please click here or follow @RAtoday on twitter at twitter.com/RAToday.

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