Archives for category: U.S. Department of Education

On May 17, 1954, the U.S. Supreme Court declared that segregation of the races in public school was unconstitutional. At the time, segregation was the law in 17 states and many districts.

For years, the states where segregation was outlawed resisted the court decision. Their favorite ploy was school choice. They knew that school choice would preserve racial segregation because whites would choose to stay with whites, and blacks would be fearful of applying to white schools, where they would face a hostile climate, harassment, and even violence.

The Supreme Court and lower federal courts overturned the many strategies enacted to evade the necessity of desegregation.

But that was then,and this is now.

Now, billionaires proudly sponsor segregated schools. Now, cities and states authorize all-black, all-Hispanic, all-white charter schools without embarrassment.

The UCLA Civil Rights Project says that racial resegregation is on the rise, for blacks and Hispanics.

The federal government–most especially, the U.S. Department of Education–doesn’t care about racial segregation any more. Nor does it have an active interest in discrimination against students with disabilities. When the ACLU recently won a ruling against voucher schools in Milwaukee that excluded students with disabilities, it went not to the Office of Civil Rights in the Department of Education, but to the U.S. Department of Justice. When the U.D. Government Accountability Office issued a report criticizing charter schools for their mall proportions of students with disabilities, James Shelton of the U.S. Department of Education said something like, “we’ll have to look into that.” That was the last heard from this Department.

Those who care about the resegregation of public education and discrimination against students because of their disabilities will have to wait for another administration that also cares about fairness, equity, and the principles enunciated on May 17, 1954. This one does not.

Matt DiCarlo here describes a paper that shows how utterly arbitrary NCLB is.

Some states look good.

Some states look very bad.

But the states that look bad may actually be outperforming the states that look good..

When will our policymakers acknowledge that NCLB is a harmful, destructive law that has wreaked havoc on American education?

Where Matt and I part company is this observation he concludes with: “…accountability systems can play a productive role in education, but this analysis demonstrates very clearly that, when it comes to the design and implementation of these systems, details matter. Seemingly trivial choices can have drastic effects on measured outcomes.”

No, accountability systems are not likely to play a productive number in education. NCLB is a disaster. Race to the Top is a double disaster.

Who will be held “accountable” for low test scores? Teachers? Students? Principals? Schools? Superintendents? Local school boards? Legislators? Governors? The U,S. Department of Education? Congress?

In 2011, when the U.S. Department of Education revised the regulations governing FERPA to allow third parties to access children’s data without the consent of their parents, the Council of Chief School Officers weighed in. Here is. Comment by Sheila Kaplan, whose organization (educationnewyork.com) is devoted to student privacy issues:

“Here’s Council of Chief State School Officers (CCSSO) Comments on 2011 FERPA RULE CHANGE

CCSSO own the Common Core State Standards Copyright with the National Governor’s Association (NGA).

http://educationnewyork.com/files/ccsso.pdf

Also:

“The American Council on Education expressed concerns about the FERPA rule change:

http://educationnewyork.com/files/ace.pdf

The most bizarre was the Head Start opposed the rule change saying they’re under HHS authority, not he USED, and the USED was acting beyond their authority.

HEAD START says US ED acted beyond their authority. This one is interesting.

http://educationnewyork.com/files/headstart.pdf

Some 20 years ago, I worked as Assistant Secretary of Education in the administration of President George Herbert Walker Bush.

I was in charge of the Office of Educational Research and Improvement and also Counselor to the Secretary of Education, who was Lamar Alexander.

Secretary Alexander took a big risk with me because I was a Democrat with no prior experience in government.

I developed great admiration for him as a thinker and leader. He understood the limits of federalism and he was always careful not to use the power of the federal government to force states or localities to do what he or his party wanted.

Now he is a Senator and is the ranking Republican member of the Senate committee that oversees the Department of Education.

At hearings about the NCLB waivers last week, he expressed puzzlement that state officials want Washington to tie their hands and give them mandates.

This was the most interesting exchange, as reported in the New York Times:

At a Senate education committee hearing on Thursday to discusswaivers to states on some provisions of the law, Senator Lamar Alexander, Republican of Tennessee, forcefully urged the federal government to get out of the way.

“We only give you 10 percent of your money,” said Mr. Alexander, pressing John B. King Jr., the education commissioner for New York State. “Why do I have to come from the mountains of Tennessee to tell New York that’s good for you?”

Dr. King argued that the federal government needed to set “a few clear, bright-line parameters” to protect students, especially vulnerable groups among the poor, minorities and the disabled.

“It’s important to set the right floor around accountability,” Dr. King said.

Now, here is the question: Why does New York State Commissioner John King fear that children who are poor, minorities, and the disabled will be neglected by his state if the federal government doesn’t demand higher test scores from them?

Does he fear that the New York Board of Regents will abandon these children?

Will Commissioner King abandon them if the federal government retreats from its unrealistic expectation that 100% of them must be proficient on state tests?

Why does he want a federal law to force him to do what he wants to do anyway?

Reading this exchange, I am reminded of Lamar Alexander’s down-home wisdom.

Please, Lamar, repeal the accountability provisions of NCLB. Restore federalism. Stop the assault on state and local control of education.

Compel the U.S. Department of Education to do what it is supposed to do by law: to protect the rights of children; to distribute federal funds where they are needed most; to collect information and conduct impartial research on the condition of American education.

And to stop imposing failed ideas on the nation’s public schools.

This reader read the article by Professor Helen Ladd and Edward Fiske and decided to write to Senator Tom Harkin, the chairman of the Senate Health, Education, Labor, and Pensions Committee.

I am so grateful for Helen Ladd’s voice and work.

Here is a letter I just sent to Senator Harkin, Chairman of the Senate Committee on Health and Education:

Senator Harkin,
I urge you to hold a senate hearing to investigate the closings of hundreds of public schools this year around our country. They will be replaced with privately-for-profit managed Charter Schools with no community oversight or process for ever returning them to neighborhood public schools.

Permanent, irreversible damage is happening to our local schools without policy review, or public awareness of the way this movement is being engineered by outside interests.

Please help defend our families and children from this onslaught to break our public schools.

Billions of dollars are being spent by private individuals and corporations to influence this process, along with engineered legislation sponsored by ALEC and other foundations intent on replacing public schools with their own version of education. This is not an innocent pilot project to help our schools.

I urge you to begin the process of investigating this issue that concerns the very heart and soul of our nation.

Sincerely,
Steve Cifka
Retired Classroom Teacher
Parent, Grandparent, Vietnam Vet and father of a soldier leaving for Afghanistan next month.

This reader says that federal intervention is appropriate on behalf of social justice: civil rights and gender equity. But it’s wrong when employed to close public schools and privatize them (charters and vouchers) or to impose curriculum (that orohibition is in federal law).

WEIRD CIRCLE
That is sort of unfair, to complain that only 2% of the Federal budget goes to Education. After all, education is a responsibility that, under our Constitution, has been delegated to the states and is under local control.

Also unfair, however, is leveraging that 2% of the federal budget — about 7% of education outlays overall — and forcing states to comply with unproven methods to transform our schools.

It is hardly a new thing — Title I and Title IX both do this and the Civil Rights acts passed in the mid-60s also used forms of leverage. But that was in the name of social justice, eliminating some of the most blatant forms of discrimination and at least reducing inequity.

But with the Bushes (and we have to include Jeb in this, since Florida pree 2000 was one of the prototypes for labeling a school as failing) this changed. There was talk of social equity — remember ‘the soft bigotry of low expectations”? — but the action was in testing and accountability presumably, once you looked at how difficult it was to not be a failing school, as a pathway to privatization via the dismantling of public education.

Never understood why Ted Kennedy was such a fan of NCLB, but at least at the beginning there was the promise of more money. And lest we forget, early in the W administration the Senate switched from Republican to Democratic control when Jim Jeffords did the same because of a lack of federal funding for special education programs. So you would think those Senators had figured out a way to make sure education would get funding. You’d be thinking wrong.

Of course, Ted supported Barrack, but is absolutely beyond me why the Obama administration has given lip service to criticizing NCLB and then continued with its substance. In some ways I think it is to show people how smart Arne Duncan is. Really. While we may not like the content of his plans, the way he has used that 2% — and esp. that 5 billion of RttT money as a lever to pry reforms from governor’s and state legislatures is perversely brilliant.

By the way, future DOE heads will never forget that.

The Journey for Justice brought civil rights activists from across the nation to Washington, D.C., where they presented their demands to Secretary Duncan.

This is an important development because until now the leaders of the corporate reform movement have called themselves leaders of the “civil rights issue of our times.” This phrase has been bandied about by Joel Klein, Condoleeza Rice, Mitt Romney, Michelle Rhee, Michael Bloomberg, and Arne Duncan, as they applaud the closing of schools in minority communities, attack unions, and privatize public schools.

Now grassroots activists are speaking out in defense of their schools and communities. They are reclaiming the leadership of the civil rights from the 1%. Add to this the determination of the Garfield teachers in Seattle, the student protests in Portland, Oregon, and Providence, Rhode Island.

Something is in the air. Teachers, students. school boards, and parents are beginning to see what is happening, to understand that what is happening in their community is not a local issue but a determined, coordinated effort to privatize their schools.

Spring is coming.

Here is a first-hand account of the events associated with the Journey for Justice:

1/30/13
Dear SOS,
Many activists went to Washington, DC on a “Journey for Justice” to protest the school closings that are targeting our minority students living in impoverished communities.
Hear what transpired and be inspired.

This email came from Jaisal Noor- his coverage of the day

“Parents and Students Demand Nationwide Moratorium on Schools Closings
//”Journey for Justice” activists rally in DC to DOE investigate alleged Civil Rights violations in school closings
link: http://youtu.be/pCGrkb1qc7o

Chicago Parent and Activist Jitu Brown at “Journey for Justice” Hearing in DC
//Part 2 of TRN’s coverage of the “Journey for Justice” DOE Hearing on School Closings
link: http://youtu.be/1PX7y9-GWzI

New Orleans Parent and Activist Karran Harper Royal at “Journey for Justice” Hearing in DC
//Part 3 of TRN’s coverage of the “Journey for Justice” DOE Hearing on School Closings
link: http://youtu.be/c00PWQl8wLk

JAISAL NOOR: PUBLIC SCHOOL PARENTS AND STUDENTS FROM 18 CITIES ACROSS THE COUNTRY GATHERED IN WASHINGTON, DC THIS WEEK TO DEMAND A NATIONWIDE MORATORIUM ON SCHOOL CLOSINGS.
FEDERAL PROGRAMS LIKE RACE TO THE TOP OFFERED FINANCIAL INCENTIVES TO CITIES AND STATES FOR RADICALLY CHANGING THEIR SCHOOLS, INCLUDING FIRING STAFF AND SHUTTING SCHOOLS DOWN. WHILE THE OBAMA ADMINISTRATION TOUTED THE COMPETITIVE MULTI-BILLION DOLLAR PROGRAM AS A WAY TO IMPROVE EDUCATION AND BETTER PREPARE STUDENTS FOR COLLEGE AND THE WORKFORCE, MANY PARENTS, STUDENTS AND TEACHERS SAY THE CHANGES ARE DISPROPORTIONATELY AFFECTING LOW-INCOME COMMUNITIES OF COLOR.

(CLIP HELEN MOORE) “I came here to demand, I am demanding an education for our children. We pay the money, we have a right to have our kids educated”

THAT’S HELEN MOORE, A DETROIT EDUCATION ACTIVIST. SHE WAS ONE OF HUNDREDS WHO ATTENDED A HEARING TUESDAY IN WASHINGTON DC CALLING FOR A NATIONAL MORATORIUM ON SCHOOL CLOSINGS. BROWN WAS PART OF A GROUP THAT FILED A TITLE VI CIVIL RIGHTS COMPLAINT LAST SUMMER CHALLENGING THE POLICIES. SHE SAYS SCHOOL CLOSINGS IN DETROIT, A CITY ALREADY MARKED BY HIGH RATES OF UNEMPLOYMENT, VACANT HOUSES AND FORECLOSURES, ARE DESTABILIZING THE COMMUNITY.

(CLIP HELEN MOORE) “The neighborhood start going down as the families start moving out. They don;t want to be told what school to go to because there is no other school.

WHEN A SCHOOL IS CLOSED, THE STUDENT POPULATION OFTEN HAS TO TRAVEL TO A DIFFERENT SCHOOL BUILDING OR RE-APPLY TO GO BACK TO THEIR SCHOOL. ADDITIONALLY, THE STAFF IS OFTEN REPLACED AND RESOURCES ARE REGULARLY CUT, SOMETIMES IN FAVOR OF A CHARTER SCHOOL THAT IS OPENED IN THE SAME BUILDING.

SETH GALANTER IS WITH THE DEPARTMENT OF EDUCATION’S OFFICE OF CIVIL RIGHTS. HE SAID THEY ARE INVESTIGATING PEOPLE’S CONCERNS AND THE 6 TITLE VI COMPLAINTS THAT WERE FILED:

(CLIP SETH GALANTER)” When we look at these things, i need to emphasize, we cannot deal with every harmful decision that happens. sometimes people are negatively affected, but that doesn’t mean civil rights violation. THe question we are asking is if there’s an intent to discriminate or decision to make an illegal closing. Not only investigate weather to close schools, which schools to close, and how these decision impacted and affect on students. “

AFTER THE HEARING, HUNDREDS OF PARENTS AND STUDENTS MARCHED TO THE MARTIN LUTHER KING MEMORIAL FOR A RALLY, CONTINUING THEIR CALL FOR JUSTICE. JOEL VELASQUEZ , A PARENT FROM OAKLAND, CALIFORNIA SAYS HE FOUGHT PLANS TO SHUT HIS SON’S SCHOOL BY LEADING A 3-WEEK LONG SIT-IN AT LAKEVIEW ELEMENTARY.

(CLIP JOEL VELASQUEZ) “After a year of trying to meet with officials, superintendent, we were left with no options, we took our school back. “

HE WAS JOINED AT THE RALLY BY OAKLAND EDUCATOR AND ACTIVIST MIKE HUTCHINSON WHO SAYS SCHOOL CLOSINGS AND INCREASED CHARTER SCHOOLS ONLY TARGET THE CITY’S LOW INCOME COMMUNITIES

(CLIP HUTCHINSON) “If you look at a map of Oakland, we have the flatlands and the hills. In the flatlands, which are less affluent, that’s where all the school closures have happened, thats where all the charters are. There are no school closures and charters in the hills. If charter schools and school closures are the best option I would expect them to be applied across the board, but I haven’t seen that happen”

A DELEGATION FROM NEW ORLEANS, THE CITY WITH THE HIGHEST PROPORTION OF CHARTER SCHOOLS IN THE COUNTRY, ALSO TRAVELED TO DC. STUDENT TERREL MAJOR SAYS HIS PUBLIC SCHOOL GETS LESS RESOURCES THAN THE CHARTER SCHOOL THAT SHARES THE SAME BUILDING.

(CLIP TERREL MAJOR)”Like when the storm Issac came, after we came back from the storm, – their side of the cafeteria- we sit on different sides, their side of the cafeteria and our side was damaged for weeks. It made me feel lesser than, that I didn’t really matter in our own school.”

MAJOR CALLS THAT DISCRIMINATION. DESPITE THE CHALLENGES, SOME ARE ENCOURAGED BY THE GROWING GRASSROOTS MOVEMENT AGAINST SCHOOL CLOSINGS, INCLUDING NEW ORLEANS PARENT AND ACTIVIST KARRAN HARPER ROYAL.

(CLIP KARRAN HARPER ROYAL) I think we are at a turning point because there are people organizing around the country. In Seattle its testing, we are organizing around school closures, there are teachers organizing around evaluation systems. We are at a critical point because we are not getting the desired outcomes. “

IN ADDITION TO A NATIONWIDE MORATORIUM ON SCHOOL CLOSINGS, ACTIVISTS ARE CALLING FOR SUSTAINABLE SCHOOL TRANSFORMATION, INCREASED RESOURCES AND A COMMUNITY-BASED INPUT PROCESS . ORGANIZERS HAVE VOWED TO RETURN TO WASHINGTON IF THE DEPARTMENT OF EDUCATION DOES NOT TAKE ACTION. REPORTING FOR THE REAL NEWS AND FSRN, THIS IS JAISAL NOOR IN WASHINGTON.”

Melody
Colorado Information Coordinator
Save Our Schools
saveourschoolsmarch.org

http://www.facebook.com/#!/groups/285175064843594/

In response to another post, asking what would you do if you were Secretary of Education:

If I were the Secretary of Education, I would take all the
money being spent on testing and use a good portion of it to hire
aids, reading specialists, nurses, librarians, and all the other
support staff needed to truly serve the needs of a school.

School boards would consist of teachers and parents.

Our education system would promote supporting a student’s strengths, instead of making
school a place of failure.

I would have industry work with ourschools to help train high school students for job readiness when
they leave school. I would fund higher education so people
graduating from college would not bestrapped with a great debt.

I would invite working education models like Finland to come and share
what works with us.

The NCLB and RTT would be disbanded.

I would sever all ties with Pearson.

There would be no Federal funding for
Charter or online schools.

I wish this could happen. I’m sick of
the reformers.

I can’t believe Obama is letting it go on and on.

Sincerely, Fed Up Fourth Grade Teacher
________________________________

The U.S. Department of Education is not supposed to control U.S. education.

It was created to serve schools, protect the rights of the neediest children, and coordinate funding programs, not to tell schools what to do.

One prong of the corporate reform movement seeks to strip local school boards of their responsibility, because they don’t like privatization.

The National School Boards Association listened to Secretary Duncan and a leading Republican member of Congress yesterday, then released this statement:

NSBA contact: Linda Embrey, Communications Office
703-838-6737; lembrey@nsba.org

School Board Leaders Advocate for Less Intrusive Role of the U.S. Department of Education

Alexandria, Va. (Jan. 29, 2013) – More than 700 school board members and state school boards association leaders will be meeting with their members of Congress and urging them to co-sponsor legislation, developed by the National School Boards Association (NSBA), to protect local school district governance from unnecessary and counter-productive federal intrusion from the U.S. Department of Education.

School board leaders are in Washington D.C. to take part in NSBA’s 40th annual Federal Relations Network Conference, being held Jan. 27-29, 2013.

The proposed legislation would ensure that the Department of Education’s actions are consistent with the specific intent of federal law and are educationally, operationally, and financially supportable at the local level. This would also establish several procedural steps that the Department of Education would need to take prior to initiating regulations, rules, grant requirements, guidance documents, and other regulatory materials.

“In recent years, the U.S. Department of Education has engaged in a variety of activities to reshape the educational delivery system,” said Thomas J. Gentzel, NSBA’s Executive Director. “All too often these activities have impacted local school district policy and programs in ways that have been beyond the specific legislative intent. School board leaders are simply asking that local flexibility and decision-making not be eroded through regulatory actions.”

Additionally, this legislation is intended to provide the House of Representatives and Senate committees that oversee education with better information regarding the local impact of Department of Education’s activities. The legislation is also designed to more broadly underscore the role of Congress as the federal policy-maker in education and through its representative function.

“We must ensure that the decisions made at the federal level will best support the needs and goals of local school systems and the communities they serve,” said Gentzel. “Local school boards must have the ability to make on-the-ground decisions that serve the best interests of our school districts.”

###

Mary Levy is a veteran civil rights lawyer and budget analyst in Washington, D.C., who has reviewed developments in the D.C. Public schools for more than 30 years. She wrote the following description of the D.C. cheating scandal, which was revealed by USA Today in March 2011 but never subject to a full and independent investigation:

Re: the U.S. Department of Education Inspector General’s “investigation” of cheating in the DC Public Schools on D.C. standardized tests

It is always interesting to watch power and ideology corrupting people’s judgment, in this case the belief that Michelle Rhee’s approach to education reform must be shown to be effective. There have been no meaningful investigations of the evidence of widespread cheating on DC’s state tests between 2008 and 2010. The ED IG’s statement implies that he relied on the DC IG, who only investigated one school. How could either know about the 102 other DCPS schools flagged for possible cheating? And why is the Department of Education so casual about test integrity? Why did Arne Duncan not ask his IG for a broader investigation?

I’ve studied DCPS data, policies, budget, and history for over 30 years. People with personal knowledge of what occurred during the testing aren’t talking to me any more than to anyone else, but my own data analysis supports the need for a real investigation. Among the top 10 DCPS erasure schools (over one-third of their classrooms flagged over a three year period), scores plummeted at all but one by 2010. At four-fifths of the top 20 erasure schools, scores fell by ten percentage points or more. These are schools with one quarter or more of their classrooms flagged. The bottom dropped out by chance at all those schools?

Contrary to Michelle Rhee’s assertion of “dozens and dozens of schools [with] “very steady gains” or even “some dramatic gains that were maintained,” DC CAS test scores rose significantly after 2008 at only a small number of schools (I counted). Ironically, several of those have been closed or are on the current closing list. Security was only tightened gradually, and is still vulnerable to exploitation, so we’re not at the end of the possibilities even now.

Over the months of preparing the Frontline documentary broadcast on Tuesday, January 7, John Merrow tried very hard to break through on investigating the evidence of cheating. He asked me and my colleagues for contacts and data often, and he actively and persistently sought out witnesses. But witnesses aren’t talking. They’re afraid. People in authority tend to dislike and distrust not only whistleblowers, but critics, even the friendly ones. Principals in DCPS serve at will, and the IMPACT evaluation system makes it easy to terminate teachers who displease their superiors. And after all, since cheating is so unimportant to the Department of Education and the leadership in DC, those who could bear witness can expect no result but retaliation.

Mary Levy
January 9, 2013

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