This is a very interesting interview with Senator Lamar Alexander, which appears in Education Week.
Alexander was the architect or ringmaster in crafting the Every Student Succeeds Act, which reauthorized the Elementary and Secondary Education Act.
Alexander explains how he created a bipartisan coalition to draft the law. The Education Department, he says, was left out in the cold. He doesn’t like “federal outreach” or a “national school board.” He was critical of the Education Department (and Duncan) for not recognizing any restraints on the federal role.
He noted that the subject he heard the most about was testing and over-testing. The Network for Public Education was one of many grassroots groups that urged Congress to abandon annual testing and switch to “grade-span” testing instead (e.g., 4, 8, and 12). There was considerable public opposition to annual testing, imposed by federal law. But in the end, Democrats insisted that annual testing had to remain, because of pressure from civil rights organizations. To get the bill passed, he acquiesced to the Democrats’ insistence on annual testing and “subgroup accountability.” To this day, it remains hard to understand why civil rights organizations wanted annual standardized testing, because in the past, the same organizations had filed lawsuits against standardized testing.
Ironically, it was Senate Democrats (including Senators Warren and Sanders) who ended up protecting George W. Bush’s NCLB legacy in the new law. Almost every Democrat in the Senate voted for the Murphy Amendment, which would have retained NCLB accountability and punishments. Fortunately, the amendment did not pass.
Senator Alexander is watching the Education Department closely now, because he fears that it is drafting regulations intended to subvert the intent of Congress.
Here is a small part of the Q&A:
How do you square the law’s crackdown on secretarial authority with its accountability focus?
“I didn’t trust the department to follow the law. … Since the consensus for this bill was pretty simple—we’ll keep the tests, but we’ll give states flexibility on the accountability system—I wanted several very specific provisions in there that [limited secretarial authority]. That shouldn’t be necessary, and it’s an extraordinary thing to do. But for example, on Common Core, probably a half a dozen times, [ESSA says] .. you can not make a state adopt the Common Core standards. And I’m sure that if we hadn’t put that in there, they’d try to do it.”
Alexander said that when he was education secretary during President George H.W. Bush’s administration Congress created the direct lending program, allowing students to take out college loans straight from the U.S. Treasury. Alexander didn’t like that program, but he implemented it anyway.
“Contrast that with the attitude of this secretary and this department,” Alexander said. Exhibit A: supplement-not-supplant.”That’s total and complete disrespect for the Congress, and if I was a governor I would follow the law, not the regulation.”
Do you think that there’s anything you possibly could have done in crafting this bill to prevent current controversy over supplement-not-supplant?
“I guess we could abolish the Department of Education. … I’m convinced that the law is the most significant devolution of power to the states in a quarter century, certainly on education.”
What’s your take on the accountability regulations?
Alexander declined to talk about the Education Department’s proposal, released late last month. “At the request of the White House I’m holding my powder on this until I have a chance to read and digest it.”
But it’s clear he’s pretty fired up about the supplement-not-supplant regulation, which deals with how federal dollars interact with state and local education spending. Congress, he said, produced a bill that could give school districts certainty on education for years. “Now the department is trying to rewrite what the Congress did and throw the whole issue into political wrangling,” he said. “They have no authority to do that.”
The change to the way teacher’s salaries are calculated that the department is pursuing through its proposed supplement not supplant regulation was already floated in a bill by Sen. Michael Bennet, D-Colo., which failed to gain support, Alexander noted.
“Under this department’s theory of regulatory authority, you can apparently do anything,” Alexander said. “Governors across the country will fight and resist, and I think it’s a shame because we had ended a period of uncertainty, there were hosannas issuing forth from classrooms everywhere, and this one little department is about to upset that.”

Alexander and King are at odds over a new law the President wants to implement. This bill would continue to force states to adopt “college and career ready” standards. In other words, the federal government would continue to dictate to the states. Alexander is angry because he considers this move federal overreach, and he had a deal with Obama about ESSA. In the deal Alexander made he agreed “to give the president his three requirements for the bill: annual testing, an early-childhood education program, and emphasis on rehabilitating the bottom five percent of schools in the nation.” Now Obama through King is trying to go back on his word. As if we have never seen this before?http://www.breitbart.com/big-government/2016/06/13/sen-lamar-alexander-fired-obama-administration-usurping-congress-authority-massive-education-law/
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We Americans have such a bad–and sad–history with “states’ rights” that we can hardly imagine states exercising better judgment than the federal government in creating good public policy. But the Education Department, under the guise of protecting civil rights against states’ rights, has done what we can hardly imagine: create policy that is so bad that we have no choice but to hope that states can do a better job.
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Steve Cohen,
This is the sad legacy of Duncan and Obama in education. To make the federal role so abusive that there was bipartisan support for returning most decisions to the states. This will not last. Duncan missed the class on federalism
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Is the issue states rights or is the issue “The Rot At the Heart Of Our Democracy ”
I can see some concern for fear of an overbearing Federal Government . I can understand that that there is something to be said for fifty incubators . But how many states adopted common core(substitute testing if you like) with out even taking a look at it or before it was complete . No fan of Obama as a New Yorker the King/Duncan show was a disgrace . But how did we get here and where are we heading.
The Democrats voted as a block including Warren and Sanders to support Obama and the Republicans voted as a block to impede Obama .If Jeb were President few Republicans would have objected and many more Democrats would have . Did either actually study the issue any more than the Governors did. Did they even devote staff time to the issue. Did Governors direct their education commissioners to conduct studies and if they did what did it look like? Was it a phone call to a Think Tank funded by the Round Table and Mr Gates. It certainly wasn’t University studies for evidence based education .
Why is it that the voices of educators, the voices of parents are seldom heard . Is this any different than any other issue that comes before our Representatives on State or Federal levels .It matters little what public option is . It hardly matters how many calls they get. They don’t answer the phone staff does and it’s probably an intern .
The Gilens,Page , Princeton study has found that we are more an Oligarchy than a Democracy. So it matters little whether we have Oligarchs make legislation on the Federal or State level . They work on both and on many issues . As we have seen in some states that have rejected the Common Core . They have replaced it with the Core Common .
Why is McKinsey at heart of the education reform movement from Common Core to vouchers and now has Coleman at the College Board ? . I thought they were a management consulting firm? .
Some civil rights leaders have called testing a civil right . Some civil rights leaders saw Hillary at the March in 64. Is there any relation between the funding of those organizations and the positions they take. Bob Herbert of Demos has called the school reform movement a fraud . I always liked NY Times columnists who left the paper . Lately my favorite MSNBC hosts are no longer with the network. The problem with the Media is the same as the problem in Washington . Who pulls the strings.
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No story about oligarch control of the US Dept. of Ed. is complete without inclusion of the Aspen Institute (board members, David Koch and Madelyn Albright). Aspen Education and Society programs, get funding from Gates. The “Senior Congressional Education Staff Network” and, the Pahara Aspen Institute are two of them. Pahara was founded by the same person who co-founded Bellwether, New Schools Venture Fund, who was a founding team member of TFA and who, is on the Rocketship Board. Bellwether and NSVF both got funding from Gates. NSVF got $22 mil.. The founder mentioned, Kim Smith, was interviewed at Philanthropy Roundtable about her “marching orders”. Reading the Aspen website about its education programs, clarifies where privatization and corporatization originated.
The blame is with the politicians who sold the American people out to the richest 0.1%.
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Q
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Agree with Diane’s comment:
This is the sad legacy of Duncan and Obama in education. To make the federal role so abusive that there was bipartisan support for returning most decisions to the states. This will not last. Duncan missed the class on federalism
My comment: I just don’t GET this awful repressive educational environment created by yahoos who are bought and sold. Where are the ethics? The key is they wouldn’t DO THIS TO THEIR OWN CHILDREN and GRANDCHILDREN. The punitive, controlling nature of the FED laws is embarrassing and ridiculous. Goes against everything we know about learning. Guess what’s good their children is NOT what other children deserve. SAD, very SAD.
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When Chicago Mayor Rahm Emanuel was asked about this very idea, he responded by saying that his family did not need to spend time in a shelter in order for him to implement policies to help the homeless.
The problem with applying this logic to the public school system is that he not only refused to have his children exposed to Common Core, punitive testing, and the endless test-prep/narrow curriculum it spawned, but the ed policies he supported ignored all we know about best teaching practices, cognitive learning theory, and the social-emotional development of young children.
It is SAD – but it is also negligent and abusive and corrupt.
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Emmanuel may not need to spend time in a shelter (although following in the footsteps of Jane Byrne maybe wouldn’t have hurt), but he does need to consult with people in the field who know what is needed. Educators have been ignored.
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Testing is telling civil rights groups what we already know – test scores correlate to poverty. If they are somehow hoping browbeating teachers and destroying the profession will encourage more teachers to work in disadvantaged areas, they should beware of unintended consequences. Instead, teachers will avoid the schools with the most challenging students. As more teachers leave for other professions, a shortage raises costs and limits the pool of qualified teachers. Standardized, high stakes testing makes education worse, not better.
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Those civil rights groups sold their souls to the BAMGF. Their support is about as principled as the corporate privatizers claim that its all about the kids.
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“But in the end, Democrats insisted that annual testing had to remain, because of pressure from civil rights organizations.”
Where can we read about this curious stand of civil rights organizations?
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Reporting by Paul Blumenthal and Ryan Grim provides some insight.
Article title, “The Vulture’s Vulture, How a New Hedge Fund Strategy is Corrupting Washington…The billionaire hedge fund managers are working the halls of Congress with civil rights groups.”
The civil rights groups provide cover for the oligarch plots.
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Thanks. Corruption apparently runs very deep and is widespread.
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