In case you want to listen, here is my interview with Sonali Kolhatkar on KPFK Pacific radio about the possible reauthorization of the vile NCLB, which is a failed version of the Elementary and Secondary Education Act of 1965.
Gary Rubinstein keeps a close eye on Teach for America and watches how it shows its true colors from time to time. That happened with the votes cast on amendments to the Senate bill called “Every Child Achieves Act.”
TFA lobbyists urged Senators to support the Murphy-Booker amendments, which would have retained the worst, most punitive features of No Child Left Behind. They also publicly opposed parents’ right to opt their children out of state tests, on the flimsy claim that this would hurt poor and minority children. In fact, poor and minority children are victimized by high-stakes testing, by a greater emphasis on testing, and by closing of schools located mostly in their communities.
Rubinstein writes that the Murphy-Booker amendment:
says that the states must identify the schools most in need of intervention, which must be at least the bottom 5%. It seems that the Democrats did not learn the lessons from NCLB about the danger of putting specific numerical targets into federal law and how those numerical targets can be abused. The fact that there is always a bottom 5% no matter how good the schools are in a state. Also, schools where the graduation rate is less than 67%, a magic number for ‘failing school’ that is not grounded in any real research (not to mention one that is easy to game with different ‘credit recovery’ schemes, but that’s another issue altogether). For schools like this some of the federally mandated interventions are to inform the parents that their child is attending a failing school, to establish ‘partnerships’ with ‘private entities’ to turn around these schools, and to give the states the ability to make, and for this I’ll use a verbatim quote, “any changes to personnel necessary to improve educational opportunities for children in the school.”
So where does Murphy’s Law come in? What could possibly go wrong with this? Well for starters, there would need to be an accurate way to gauge which schools are truly in the ‘bottom 5%.’ I admit that there are some schools that are run much less efficiently than others and surely the different superintendents should have a sense of which schools they are. But as NCLB and Race To The Top (RTTT) taught us, with all the money spent on creating these metrics and the costly tests and ‘growth metrics’ that go along with those tests, it is likely to lead to way too much test prep and neglect of some of the things that make school worth going to. Then those ‘private entities’, could it be any more clear that these are charter schools taking over public schools? And as far as “changes to personnel necessary to improve educational opportunities for the children in the school”, well, firing teachers after school ‘closures’ in New York City hasn’t resulted in improved ‘educational opportunities.’ My sense is that with enough of these mass firings, it will be very difficult to get anyone to risk their careers by teaching at a so-called failing school and the new staff is likely be less effective than the old staff. So you can see why the NEA wrote a letter to the Senate urging them to vote against it. Sadly nearly all the Democrats (and Independent Bernie Sanders!) ignored the plea of the NEA.
TFA’s leaders gave their approval to an article sharply criticizing parents who opt their children out of standardized testing:
In The 74 [Campbell Brown’s website], disgraced former Tennessee Education Commissioner and TFA alum (not to mention ex-husband of Michelle Rhee-Johnston) Kevin Huffman wrote a completely incoherent comparison of parents opting their children out of state tests to parents opting their children out of vaccinations. The title of the article was “Why We Need to Ignore Opt-Outers Like We Do Anti-Vaxxers.” Not that we need to ‘challenge’ them, but we need to ‘ignore’ them. Don’t bother learning what motivates them to do what they do, just assume you know and ignore whatever concerns are causing them to want to do this. Huffman is also a lawyer, though his argument is quite weak. He says that wealthy opt-outers are selfish since they are doing something that somehow benefits themselves while hurting the other, less wealthy people. But does he consider that many opt-outers are doing it as a protest against the misuse of their students test scores to unfairly close schools and fire teachers? Or to protest an over emphasis on testing and testing subjects so they opt out to say “Since I’m opting out anyway, please teach my child as you would have before all this high stakes testing nonsense.” Now I can’t speak for every opt-out supporter, but I believe that opting-out helps everyone, especially the poor since the way the results of the state tests have been used has hurt them disproportionately with school closures and random teacher firings so the idea that all opt-out supporters do so knowingly at the expense of less fortunate others is something that I find offensive. Both co-CEOs of TFA, however, tweeted their approval of this article.
High-stakes testing and punitive policies widens the market for privatization, drives out experienced teachers, and clears the way for more positions for TFA.
Mercedes Schneider transcribed key portions of the debate about the Lee amendment. This amendment would have given parents the right to opt out of federally mandated annual tests.
Senator Mike Lee of Utah explains why he proposed the amendment. Senator Lamar Alexander explains why he opposes it. Senator Patty Murray does as well.
The amendment was defeated, with all Democrats and some Republicans voting it down.
The Journal News of the Lower Hudson Valley wrote an editorial explaining the genesis of the testing madness that has gripped the nation for at least 15 years.
First came No Child Left Behind, then Race to the Top, destroying education by a mammoth obsession with test scores.
Andrew Cuomo used federal policy to lash out at teachers’ unions. Of Congress passes s new law, reducing federal punishments, what will the states do with their new flexibility?
The editorial sees some positive sights:
“Newly arrived state Education Commissioner MaryEllen Elia has said she will appoint task forces to review the Common Core standards, New York’s 3-to-8 tests that are now tied to Common Core, and how test results are used to evaluate teachers. Elia has a track record of supporting the standards-testing-evaluations approach to improving education, but seems keenly aware that many New Yorkers have little faith in our testing obsession. She’ll soon realize that a whole new group of parents are now irritated because of the recent Regents exam in algebra, which left even top students scratching their heads.”
Giving the boot to Pearson sent a good signal.
But now there is “the Cuomo problem.”
“Then there’s the Cuomo problem. Our governor is the driving force behind New York’s brutish teacher-evaluation system, which will increasingly rely on test scores to label teachers (even though we won’t use the same scores to evaluate students because the tests are unproven). Many classroom teachers and the parents who appreciate them will remain peeved until the system is changed. Elia will have to confront this problem pronto and figure out a way to circumvent Cuomo’s stubbornness, driven largely by his animus for teachers unions.
We hope that Congress will let states decide how to use test data for their own purposes. But it would be up to New York’s leaders to recognize what even those in Washington see: testing should not drive education policy. Many teachers will spend too much time next year trying to protect their jobs by preparing students for tests. This must not continue.”
Barbara Madeloni, the president of the Massachusetts Teachers Association, comments here about the “bittersweet victory” associated with Senate passage of the Every Child Achieves Act.
She writes:
“The bill continues yearly testing in grades three through eight and once in high school, but leaves it to states to determine how to use those tests for school accountability. It removes the authority of the federal government to demand that teacher evaluations be connected to student test scores and gives more authority to states to determine specific standards and curriculum.
“In giving more authority to states, the bill loosens constraints on how funds will be spent, though fortunately the Senate rejected a voucher amendment. The Senate measure now goes to a conference committee, where senators and members of the House will mesh their bills and develop a final piece of legislation. If approved, that bill will have to be signed or vetoed by President Barack Obama. If Obama vetoes it, Congress would have to override the veto for the bill to become law.
“It is a bittersweet victory to applaud the power of school accountability going back to the states, should this bill become law. While it would allow us to organize locally and make the demands we want for our students and our schools, others have noted that it would mean we have 50 battles to fight instead of one – and that some states are especially weak in their readiness to fight.”
Unfortunately the bill does nothing to alleviate poverty and racism, which are the root causes of low test scores. Instead, many of the senators wanted to push some of the most punitive aspects of testing that were embedded in George W. Bush’s failed No Child Left Behind act. The most outspoken proponents of the Bush accountability, unfortunately, were Democrats, who have bought into the fiction that closing schools and firing teachers will help poor children.
That was not the vision of the Elementary and Secondary Education Act when it was passed in 1965. At that time, President Lyndon Johnson and the Congress recognized that poverty hurts children and gets in the way of academic success. Today’s Democrats think that testing and accountability are necessary to combat poverty; they have bought the NCLB rationale hook, line, and sinker.
Madeloni continues:
“Massachusetts Senator Elizabeth Warren co-sponsored an amendment that 41 Democrats supported to essentially continue the most punitive aspects of No Child Left Behind, as the current version of the ESEA is known. The amendment proposed a change in what student test scores are used for accountability, from all students to subgroups, but retained the use of test scores as a basis for labeling and punishing schools. In my conversation with Warren, her concern for traditionally underserved students, which is noble, was distorted by a seeming unwillingness to accept what so many teachers and parents are saying: that the use of testing for accountability is narrow-minded, undermines meaningful teaching and learning, and shifts the focus from the real issues our students and communities face.
“The amendment failed and was not included in the final bill, but Senator Warren’s vote against the final bill was based in large measure on her concerns for what assurances there would be that funds would go where they are most needed. Fellow Massachusetts Senator Edward Markey joined Warren in supporting the amendment, but voted in favor of the final bill. In the end, Warren was one of only three Democrats to vote against the ECAA.
“Now that the Senate has passed the ECAA, we need to talk about resources and about the larger issues of race and class. But we need to acknowledge that our efforts must focus on Democrats as well as Republicans. Indeed, some of the worst excesses of corporate “reform” have been supported by elected officials who call themselves our allies.”
Mercedes Schneider is one of the few people I know (outside of Congressional staff) who has read every word of the proposed legislation to reauthorize the Elementary and Secondary Education Act (now called No Child Left Behind).
In this post, she explains that both bills remove any penalties for parents who choose to opt out. It is up to the states to determine whether parents are allowed to opt out of testing, but there will be no federal penalties if they do.
In states that are either silent on the matter of opting out or that explicitly ban it, parents can still opt it. They are the parents, and they can decide what is in the best interest of their child.
Emma Brown of the Washington Post has a good article about the Murphy amendment, which Democrats favored and Republicans opposed.
The chamber voted 54 to 43 against the amendment, which aimed to give the federal government more say in defining which schools are low-performing and require intervention.
Instead, the bill allows states to decide not only how to judge schools’ success, but which schools don’t measure up and what to do to improve them.
The proposed amendment’s lead sponsor, Sen. Chris Murphy (D-Conn.), said that could return the country to the days when states and school districts could ignore achievement gaps and allow poor, minority and disabled children to languish.
“This law is an education reform law, but it has to be a civil rights law as well,” said Murphy, invoking the law’s original passage in 1965 as part of President Lyndon Johnson’s War on Poverty.
The measure was opposed by many Republicans who want to rein in the federal government’s influence over education, which they say ballooned under the Bush and Obama administrations.
“Instead of fixing No Child Left Behind, it keeps the worst parts of it,” said Sen. Lamar Alexander (R-Tenn.), chairman of the Senate education committee.
Democratic lawmakers in both chambers are sure to continue pushing for stronger accountability provisions before sending the legislation to the White House. Education Secretary Arne Duncan has said that the Obama administration would not support the legislation unless it strengthens the federal role in school accountability. But he stopped short of saying whether the president would veto it.
Why do Democrats believe that the U.S. Department of Education has the capacity or knowledge to identify “failing” schools or to intervene to improve them? Nothing in the past decade suggests that this is a realistic expectation.
Democrats have now almost completely bought into the assumption that more testing=more equity, when it is a well-established fact that standardized tests always have a disparate impact that disadvantages students and adults of color. For many decades, the same civil rights groups that now defend standardized tests for students have litigated to block the use of standardized tests as decisive measures, whether in school or in employment. But for reasons that are hard to discern, certain leading civil rights groups now insist that without testing every child every year, children of color will be overlooked and neglected. Of course, if standardized tests could meet the needs of children of color and children in poverty, these children would be in far better shape today than they are because they have been taking standardized tests every year since 2003, when NCLB was implemented. That is an entire generation of children. What are the results? Where are the benefits of the billions spent to test every child every year? How many children have lost access to courses in the arts, history, science, civics, geography, physical education, and foreign languages because they took time away from test preparation?
NAEP already documents the achievement gaps every other year for every state and for many urban districts by scientific sampling. No other nation tests every child every year. The cost of testing and the instructional time lost to test prep actually hurts the children it is supposed to help.
Why don’t the Democrats listen to other civil rights groups, such as the Journey for Justice Alliance, which opposes high-stakes testing. Is it because they don’t have lobbyists? Here is part of their open letter to the leaders of the Senate:
The Journey for Justice Alliance, an alliance of 38 organizations of Black and Brown parents and students in 23 states, joins with the 175 other national and local grassroots community, youth and civil rights organizations signed on below, to call on the U.S. Congress to pass an ESEA reauthorization without requiring the regime of oppressive, high stakes, standardized testing and sanctions that have recently been promoted as civil rights provisions within ESEA.
We respectfully disagree that the proliferation of high stakes assessments and top-down interventions are needed in order to improve our schools. We live in the communities where these schools exist. What, from our vantage point, happens because of these tests is not improvement. It’s destruction.
Black and Latino families want world class public schools for our children, just as white and affluent families do. We want quality and stability. We want a varied and rich curriculum in our schools. We don’t want them closed or privatized. We want to spend our days learning, creating and debating, not preparing for test after test.
In the Chicago Public Schools, for example, children in kindergarten through 8th grade are administered anywhere between 8 and 25 standardized tests per year. By the time they graduate from 8th grade, they have taken an average of 180 standardized tests! We are not opposed to state mandated testing as a component of a well-rounded system of evaluating student needs. But enough is enough.
We want balanced assessments, such as oral exams, portfolios, daily check-ins and teacher created assessment tools—all of which are used at the University of Chicago Lab School, where President Barack Obama and Chicago Mayor Rahm Emanuel have sent their children to be educated. For us, civil rights are about access to schools all our children deserve. Are our children less worthy?
High stakes standardized tests have been proven to harm Black and Brown children, adults, schools and communities. Curriculum is narrowed. Their results purport to show that our children are failures. They also claim to show that our schools are failures, leading to closures or wholesale dismissal of staff. Children in low income communities lose important relationships with caring adults when this happens. Other good schools are destabilized as they receive hundreds of children from closed schools. Large proportions of Black teachers lose their jobs in this process, because it is Black teachers who are often drawn to commit their skills and energies to Black children. Standardized testing, whether intentionally or not, has negatively impacted the Black middle class, because they are the teachers, lunchroom workers, teacher aides, counselors, security staff and custodians who are fired when schools close.
Standardized tests are used as the reason why voting rights are removed from Black and Brown voters—a civil right every bit as important as education. Our schools and school districts are regularly judged to be failures—and then stripped of local control through the appointment of state takeover authorities that eliminate democratic process and our local voice—and have yet so far largely failed to actually improve the quality of education our children receive.
Throughout the course of the debate on the reauthorization of ESEA, way too much attention has focused on testing and sanctions, and not on the much more critical solutions to educational inequality.
As the Senate got close to a final vote on reauthorization of the Elementary and Secondary Education Act, Democrats pushed to restore a punitive accountability system, much like NCLB.
Edweek reports:
“In the afternoon, senators voted on and rejected one of the most high-profile amendments the chamber has considered in its six days of debate—a proposal from Democrats to beef up accountability measures in the underlying bill to rewrite the No Child Left Behind Act, the current version of the law.
“Among other things, the amendment would have required states to establish measurable state-designed goals for all students and separately for each of the categories of subgroups of students. It also would have required states to intervene in their lowest-performing 5 percent of schools and those that graduate less than 67 percent of their students.
“NCLB said a lot on this issue, and most of it wasn’t helpful,” said Sen. Chris Murphy, D-Conn., the principal author of the proposal. “But the amendment we’re offering takes a very different approach. This is an education bill, but it’s not a worthwhile bill unless it’s also a civil rights bill.”
“As we wrote Tuesday, Democrats weren’t expecting the amendment to pass. But they were hoping to cobble together 35 or more votes to show that strengthening accountability is a top priority going into conference with the House on its version of an ESEA overhaul.
“That way the Democrats, along with the dozen or so Republicans they anticipate voting against the bill no matter what, would be able to block final passage of a conferenced bill should it not include stronger accountability language.
“But the National Education Association threw a bit of a wrench in their plan when it came out in opposition to the amendment and urged senators to vote against it.
“The 3 million-member union argued that the amendment would “continue the narrow and punitive focus of NCLB and overidentify schools in need of improvement, reducing the ability of states to actually target help to schools that need the most assistance to help students.”
“In a letter to senators, the NEA wrote that it agreed with the intent of the amendment, in that states should be required to specifically factor subgroup performance into their system of school identification. But that overall system, the letter stated, should be decided by the states, not the federal government.”
The Democratic Senators apparently don’t know that state takeovers mean privatization (a la ALEC), that charters do not get better academic results than public schools, and that the root cause of low scores is inequity, not “bad” schools. State takeovers have not protected the civil rights of under served children. Privatization has created profits for the charter industry.
Here is the roll call on the amendment offered by Senator Mike Lee to grant parents the right to opt put without penalty to their school, district or state.
S.Amdt. 2162 to S.Amdt. 2089 to S. 1177 (Every Child Achieves Act of 2015)
Statement of Purpose: To amend the Elementary and Secondary Education Act of 1965 relating to parental notification and opt-out of assessments.
Grouped By Vote Position
YEAs —32
Ayotte (R-NH)
Barrasso (R-WY)
Blunt (R-MO)
Boozman (R-AR)
Cassidy (R-LA)
Coats (R-IN)
Cotton (R-AR)
Crapo (R-ID)
Cruz (R-TX)
Daines (R-MT)
Enzi (R-WY)
Ernst (R-IA)
Fischer (R-NE)
Grassley (R-IA)
Heller (R-NV)
Hoeven (R-ND)
Inhofe (R-OK)
Johnson (R-WI)
Lankford (R-OK)
Lee (R-UT)
McCain (R-AZ)
Moran (R-KS)
Paul (R-KY)
Perdue (R-GA)
Risch (R-ID)
Sasse (R-NE)
Scott (R-SC)
Sessions (R-AL)
Shelby (R-AL)
Toomey (R-PA)
Vitter (R-LA)
Wicker (R-MS)
NAYs —64
Alexander (R-TN)
Baldwin (D-WI)
Bennet (D-CO)
Blumenthal (D-CT)
Booker (D-NJ)
Boxer (D-CA)
Brown (D-OH)
Burr (R-NC)
Cantwell (D-WA)
Capito (R-WV)
Cardin (D-MD)
Carper (D-DE)
Casey (D-PA)
Cochran (R-MS)
Collins (R-ME)
Coons (D-DE)
Corker (R-TN)
Cornyn (R-TX)
Donnelly (D-IN)
Durbin (D-IL)
Feinstein (D-CA)
Flake (R-AZ)
Franken (D-MN)
Gardner (R-CO)
Gillibrand (D-NY)
Hatch (R-UT)
Heinrich (D-NM)
Heitkamp (D-ND)
Hirono (D-HI)
Isakson (R-GA)
Kaine (D-VA)
King (I-ME)
Kirk (R-IL)
Klobuchar (D-MN)
Leahy (D-VT)
Manchin (D-WV)
Markey (D-MA)
McCaskill (D-MO)
McConnell (R-KY)
Menendez (D-NJ)
Merkley (D-OR)
Mikulski (D-MD)
Murkowski (R-AK)
Murphy (D-CT)
Murray (D-WA)
Peters (D-MI)
Portman (R-OH)
Reed (D-RI)
Reid (D-NV)
Roberts (R-KS)
Rounds (R-SD)
Sanders (I-VT)
Schatz (D-HI)
Schumer (D-NY)
Shaheen (D-NH)
Stabenow (D-MI)
Tester (D-MT)
Thune (R-SD)
Tillis (R-NC)
Udall (D-NM)
Warner (D-VA)
Warren (D-MA)
Whitehouse (D-RI)
Wyden (D-OR)
Not Voting – 4
Graham (R-SC)
Nelson (D-FL)
Rubio (R-FL)
Sullivan (R-AK)
Emma Brown reports in The Washington Post that the Senate turned down an amendment that would have allowed parents to opt out of federally mandated tests without penalty.
The lead author of the Senate bill said that this decision should be left to states.
The chamber voted 64 to 32 against the amendment, proposed by Sen. Mike Lee (R-Utah) amid a backlash against mandated standardized tests. “Parents, not politicians or bureaucrats, will have the final say over whether individual children take tests,” he said.
But Sen. Lamar Alexander (R-Tenn.) — the Republican co-sponsor of the carefully crafted bipartisan bill — spoke forcefully against the proposal, saying it would strip states of the right to decide whether to allow parents to opt out.
“I say to my Republican friends, do we only agree with local control when we agree with the local policy?” said Alexander, who has framed the bill as an effort to transfer power over education from the federal government to the states.
I have great respect for Senator Alexander but his argument is not logical. The federal government mandates the tests, but it leaves to states the power to decide whether parents have the right to opt out. Why is the federal government mandating any tests? Why is this not a state responsibility? If he were being consistent, he would leave the testing and the right to opt out to the states. I would just remind the Congress that the Elementary and Secondary Act of 1965 was a resource equity act, not a testing and accountability act. It was meant to send money to schools and districts that enrolled students who lived in poverty. It was No Child Left Behind that turned the ESEA into a testing and accountability act in 2001-02. And it was the Improving America’s Schools Act of 1994 that first proposed that states create their own standards and assessments.
No matter what the Congress does, no matter what the states do, parents can opt their children out of testing if they believe the tests are neither valid nor reliable.
If anyone has a list of Senators who voted for or against the amendment, please send it.
