Archives for category: Federal Waiver

Nancy Bailey explains why we should worry about who is making the decisions at the U.S. Department of Education before any of its top officials have been confirmed. She suspects it is Education Trust, which favors charter schools and high-stakes testing. EdTrust is Gates-funded, and its leader is John King, who served briefly as Secretary of Education in the last year of the Obama administration. King was Commissioner of Education in New York, where he was an enthusiastic proponent of the Common Core and high-stakes testing. His background is charter schools; he founded Roxbury Prep, a no-excuses charter school in Massachusetts with the highest suspension rate in the state.

EdTrust pushed hard to persuade Biden not to issue any testing waivers this year. The Department’s announcement was made by Ian Rosenblum, acting Assistant Secretary, who previously worked for…wait for it…EdTrust in New York, advocating for testing.

Laura Chapman is a regular reader and contributor. She is a retired educator and a crack researcher. She writes here about a letter from Education Trust and other groups to Secretary-designate Miguel Cardona, urging him to deny all state requests for waivers from the mandated federal testing this spring.

She writes:

Kevin Ohlandt of Delaware and I looked behind the curtain of this attempt by the Education Trust and several other charter-loving groups to “demand” Secretary Cardona refuse state waivers on standardized tests.

I looked at the footnotes to discern what “authorities” this hastily assembled group relied on is issuing their demand. Their call included some footnotes as if to prove the wisdom and validity of the tests.

Here is an excerpt from one source: McKinsey & Company.

“We estimate that if the black and Hispanic student-achievement gap had been closed in 2009, today’s US GDP would have been $426 billion to $705 billion higher. If the income-achievement gap had been closed, we estimate that US GDP would have been $332 billion to $550 billion higher (Exhibit 1).”

This absurdity is from a report, dated June 1, 2020, offering several scenarios of possible outcomes for students who would receive instruction online, or in person, or in hybrid arrangements. The report is so out of date that it should be an embarrassment to EdTrust and others pushing these hypotheticals. https://www.mckinsey.com/industries/public-and-social-sector/our-insights/covid-19-and-student-learning-in-the-united-states-the-hurt-could-last-a-lifetime

The second footnote comes from the charter-loving Bellwether Education Partners. It refers to their October 21, 2020 titled “Missing in the Margins: Estimating the Scale of the COVID-19 Attendance Crisis.” This report estimates that three million of the most marginalized students are missing formal education in school–virtual or in-person. The estimate of three million comes from mostly federal estimates of the number of students in higher-risk groups in every state and nationally: Students in foster care, Students experiencing homelessness, English learners, Students with disabilities (ages 6-21) and Students eligible for the Migrant Education Program.

This report, funded by the Carnegie Corporation of New York, offers a series of recommendations already in the works for addressing the effects of the pandemic on K-12 education. Most of these recommendations have less to do with formal education than with tapping every possible community and state resource (except money) to provide food, shelter, and other necessities to survive unemployment and dodge the virus.
This Bellwether report also chases data from news reports from several large districts, the State of Florida and a study done in 2008.

This whole effort relies on out of date “estimates” of this and that, and offers recommendations of little use in addressing the systemic and immediate needs of students, teachers, their families and caregivers.

The last thing we and they need is to have anyone telling the Secretary of Education to keep the meaningless standardized tests.

Opt out and do so proudly.

New York State education officials have agreed to request a waiver from the Secretary of Education from federally mandated testing this spring, due to the pandemic. State officials recognize that the pandemic has caused gross inequities in opportunity to learn and would serve no useful purpose. (Under normal circumstances the federally required tests serve no useful purpose, but they are a terrible burden this year, in addition to being worthless.)

The federal response may be delayed since the Senate is moving slowly to confirm President Biden’s Cabinet appointments.

Every state should seek a waiver. Students have been subject to trauma and daily disruption. Now is not the time to focus on test scores. It’s time to give students the social, emotional, and academic support they need. The most avid proponents of resuming standardized testing have never been teachers.

You know the old line, “Failure is not an option.” Well, we have federal education policy built on the idea that failure doesn’t matter. Failure is not only an option, it is the only option. No Child Left Behind failed; the same children who were behind were left behind. Race to the Top was a failure; no one reached “the top” because of its demands. Common Core was a failure: It promised to close achievement gaps and raise up fourth grade test scores; it did not. Every Student Succeeds did not lead to “every students succeeding.” At some point, we have to begin to wonder about the intelligence or sanity of people who love failure and impose it on other people’s children. Testing, charter schools, merit pay, teacher evaluation, grading schools A-F, state takeovers, etc., fail again and again yet still remain popular with the people who control the federal government, whether they be Democrats or Republicans.

Peter Greene sums up the problem with his usual wit and insight: Democrats need a new vision. They need to toss aside everything they have endorsed for at least the past 20-30 years. The problem in education is not just Betsy DeVos. The problem is the bad ideas endorsed by Ronald Reagan, George H.W. Bush, Bill Clinton, George W. Bush, Barack Obama, and Donald Trump. Will Biden and Cardona have the wisdom and the vision to understand that?

For four years, Democrats have had a fairly simple theory of action when it came to education. Something along the lines of “Good lord, a crazy lady just came into our china shop riding a bull, waving around a flamethrower, and dragging a shark with a head-mounted laser beam; we have to stop her from destroying the place (while pretending that we have a bull and a shark in the back just like hers).” 

Now, of course, that will, thank heavens, no longer fit the circumstances. The Democrats will need a new plan.

Trouble is, the old plan, the one spanning both the Clinton and Obama years, is not a winner. It went, roughly, like this:

The way to fix poverty, racism, injustice, inequity and economic strife is to get a bunch of children to make higher scores on a single narrow standardized test; the best shot at getting this done is to give education amateurs the opportunity to make money doing it.

This was never, ever a good plan. Ever. Let me count the ways.

For one thing, education’s ability to fix social injustice is limited. Having a better education will not raise the minimum wage. It will not eradicate poverty. And as we’ve just spent four years having hammered into us, it will not even be sure to make people better thinkers or cleanse them of racism. It will help some people escape the tar pit, but it will not cleanse the pit itself.

And that, of course, is simply talking about education, and that’s not what the Dems theory was about anyway–it was about a mediocre computer-scorable once-a-year test of math and reading. And that was never going to fix a thing. Nobody was going to get a better job because she got a high score on the PARCC. Nobody was ever going to achieve a happier, healthier life just because they’d raised their Big Standardized Test scores by fifty points. Any such score bump was always going to be the result of test prep and test-taker training, and that sort of preparation was always going to come at the expense of real education. Now, a couple of decades on, all the evidence says that test-centric education didn’t improve society, schools, or the lives of the young humans who passed through the system.

Democrats must also wrestle with the fact that many of the ideas attached to this theory of action were always conservative ideas, always ideas that didn’t belong to traditional Democratic Party stuff at all. Jack Schneider and Jennifer Berkshire talk about a “treaty” between Dems and the GOP, and that’s a way to look at how the ed reform movement brought people into each side who weren’t natural fits. The conservative market reform side teamed up with folks who believed choice was a matter of social justice, and that truce held until about four years ago, actually before Trump was elected. Meanwhile, in Schneider and Berkshire’s telling, Democrats gave up supporting teachers (or at least their unions) while embracing the Thought Leadership of groups like Democrats for Education Reform, a group launched by hedge fund guys who adopted “Democrat” because it seemed like a good wayto get the support they needed. Plus (and this seems like it was a thousand years ago) embracing “heroes” like Michelle Rhee, nominally listed as a Democrat, but certainly not acting like one. 

All of this made a perfect soup for feeding neo-liberals. It had the additional effect of seriously muddying the water about what, exactly, Democrats stand for when it comes to public education. The laundry list of ideas now has two problems. One is that they have all been given a long, hard trial, and they’ve failed. The other, which is perhaps worse from a political gamesmanship standpoint, is that they have Trump/DeVos stink all over them. 

But while Dems and the GOP share the problems with the first half of that statement, it’s the Democrats who have to own the second part. The amateur part.

I often complain that the roots of almost all our education woes for the modern reform period come from the empowerment of clueless amateurs, and while it may appear at first glance that both parties are responsible, on closer examination, I’m not so sure.

The GOP position hasn’t been that we need more amateurs and fewer professionals–their stance is that education is being run by the wrong profession. Eli Broad has built his whole edu-brand on the assertion that education doesn’t have education problems, it has business management problems, and that they will best be solved by management professionals. In some regions, education has been reinterpreted by conservatives as a real estate problem, best solved by real estate professionals. The conservative model calls for education to be properly understood as a business, and as such, run not by elected bozos on a board or by a bunch of teachers, but by visionary CEOs with the power to hire and fire and set the rules and not be tied down by regulations and unions. 

Democrats of the neo-liberal persuasion kind of agree with that last part. And they have taken it a step further by embracing the notion that all it takes to run a school is a vision, with no professional expertise of any sort at all. I blame Democrats for the whole business of putting un-trained Best and Brightest Ivy Leaguers in classrooms, and the letting them turn around and use their brief classroom visit to establish themselves as “experts” capable of running entire district or even state systems. It takes Democrats to decide that a clueless amateur like David Coleman should be given a chance to impose his vision on the entire nation (and it takes right-tilted folks to see that this is a perfect chance to cash in big time). 

Am I over-simplifying? Sure. But you get the idea. Democrats turned their backs on public education and the teaching profession. They decided that virtually every ill in society is caused by teachers with low expectations and lousy standards, and then they jumped on the bandwagon that insisted that somehow all of that could be fixed by making students take a Big Standardized Test and generating a pile of data that could be massaged for any and all purposes (never forget–No Child Left Behind was hailed as a great bi-partisan achievement). 

I would be far more excited about Biden if at any point in the campaign he had said something along the lines of, “Boy, did we get education policy wrong.” And I suppose that’s a lot to ask. But if Democrats are going to launch a new day in education, they have a lot to turn their backs on, along with a pressing need for a new theory of action.

They need to reject the concept of an entire system built on the flawed foundation of a single standardized test. Operating with flawed data is, in fact, worse than no data at all, and for decades ed policy has been driven by folks looking for their car keys under a lamppost hundreds of feet away from where the keys were dropped because “the light’s better over here.”

They need to embrace the notion that teachers are, in fact, the pre-eminent experts in the field of education.

They need to accept that while education can be a powerful engine for pulling against the forces of inequity and injustice, but those forces also shape the environment within which schools must work. 

They need to stop listening to amateurs. Success in other fields does not qualify someone to set education policy. Cruising through a classroom for two years does not make someone an education expert. Everyone who ever went to the doctor is not a medical expert, everyone who ever had their car worked on is not a mechanic, and everyone who ever went to school is not an education expert. Doesn’t mean they can’t add something to the conversation, but they shouldn’t be leading it.

They need to grasp that schools are not businesses. And not only are schools not businesses, but their primary function is not to supply businesses with useful worker bees. 

If they want to run multiple parallel education systems with charters and vouchers and all the rest, they need to face up to properly funding it. If they won’t do that, then they need to shut up about choicey policies. “We can run three or four school systems for the cost of one” was always a lie, and it’s time to stop pretending otherwise. Otherwise school choice is just one more unfunded mandate.

They need to accept that privatized school systems have not come up with anything new, revolutionary, or previously undiscovered about education. But they have come up with some clever new ways to waste and make off with taxpayer money.

Listen to teachers. Listen to parents in the community served by the school. Commit to a search for long term solutions instead of quick fixy silver bullets. And maybe become a force for public education slightly more useful than simply fending off a crazy lady with a flamethrower. 

 

 

Teachers, social workers, and guidance counselors tried repeatedly to help Nicolas Cruz. His aberrant behavior started in middle school. He was known as a problem. He was referred for therapy. He was sent to a school for emotionally disturbed youth.

https://www.washingtonpost.com/local/education/teachers-say-florida-shooters-problems-started-in-middle-school-and-the-system-tried-to-help-him/2018/02/18/cdff7aa6-1413-11e8-9065-e55346f6de81_story.html

Security guards were alerted to search his backpack for guns.

Why was this very troubled, very angry young allowed to buy a gun?

Since 2009, when Race to the Top was launched, Arne Duncan has been an avid proponent of evaluating teachers by test scores. Some states evaluate teachers by the scores of students they never taught or subjects they don’t teach. To be eligible for Race to the Top money, states had to agree to evaluate teachers by test scores. To get a waiver from impossible mandates on NCLB, states had to agree to do it.

When Duncan testified, Congresswoman DeLauro asked if he was willing to rethink VAM. He responded that the federal government doesn’t require VAM. Duncan said that while the Feds don’t require VAM, they require evidence of growth in learning.

Sounds like VAM. Can anyone make sense of this?

*I had several spelling errors in the original post, due to composing it on my cellphone in a bumpy car-ride. I fixed them.

Senator Lamar Alexander (R-Tenn.) and Senator Patti Murray (D-Wa.) announced agreement on reauthorization of the Elementary and Secondary Education Act (currently called No Child Left Behind).

The new legislation is called “The Every Child Achieves Act of 2015.” This nomenclature continues the custom of naming the federal aid law with its aspirational goal.

The act maintains annual testing but leaves to states the authority to decide how to use the scores. AYP is gone. The act prohibits the federal government from dictating to states and districts how to “reform” or “turnaround” or “fix” low-performing schools. It allows, but does not require, states to create teacher evaluation systems. “The federal government may not mandate or incentivize states to adopt or maintain any particular set of standards, including Common Core. States will be free to decide what academic standards they will maintain in their states.”

Secretary Duncan will not be pleased. The act specifically prohibits him from meddling in the states’ choice of standards and tests. He also can’t rewrite the law with his own waivers, because the states are given wide latitude, not subject to his control. Basically, the bipartisan bill repudiates almost all of his initiatives; notably, it does not authorize Race to the Top.

If states choose to enact punitive accountability programs, they can, but the federal government won’t force them to.

What do I think? I would have been thrilled to see annual testing banished, but President Obama made clear he would veto any bill that did not include annual testing. The cascading sanctions of NCLB and Race to the Top are gone. There is no mention of portability of funds to nonpublic schools.

One may quibble with details, but the bottom line is that this bill defangs the U.S. Department of Education; it no longer will exert control over every school with mandates. This bill strips the status quo of federal power to ruin schools and the lives of children and educators.

Now the battle shifts to state legislatures, where parents can make their voices heard. This is a far better bill than I had hoped or feared.

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Alexander, Murray Announce Bipartisan Agreement on Fixing “No Child Left Behind”

Schedule Committee Action for 10 a.m. Tuesday, April 14

WASHINGTON, D.C., April 7 – Senate education committee Chairman Lamar Alexander (R-Tenn.) and Ranking Member Patty Murray (D-Wash.) today announced a bipartisan agreement on fixing “No Child Left Behind.” They scheduled committee action on their agreement and any amendments to begin at 10 a.m. Tuesday, April 14.

Alexander said: “Senator Murray and I have worked together to produce bipartisan legislation to fix ‘No Child Left Behind.’ Basically, our agreement continues important measurements of the academic progress of students but restores to states, local school districts, teachers, and parents the responsibility for deciding what to do about improving student achievement. This should produce fewer and more appropriate tests. It is the most effective way to advance higher standards and better teaching in our 100,000 public schools. We have found remarkable consensus about the urgent need to fix this broken law, and also on how to fix it. We look forward to a thorough discussion and debate in the Senate education committee next week.”

Murray said:“This bipartisan compromise is an important step toward fixing the broken No Child Left Behind law. While there is still work to be done, this agreement is a strong step in the right direction that helps students, educators, and schools, gives states and districts more flexibility while maintaining strong federal guardrails, and helps make sure all students get the opportunity to learn, no matter where they live, how they learn, or how much money their parents make. I was proud to be a voice for Washington state students and priorities as we negotiated this agreement, and I look forward to continuing to work with my colleagues to build on this bipartisan compromise and move legislation through the Senate, the House, and get it signed into law.”

The senators’ legislative agreement would reauthorize the Elementary and Secondary Education Act (ESEA), the chief law governing the federal role in K-12 education. The most recent reauthorization of ESEA was the “No Child Left Behind Act,” which was enacted in 2001 and expired in 2007. Since then, nearly all states have been forced to ask the U.S. Department of Education for waivers from some of the law’s most unworkable requirements.

The senators’ bill would fix the problems with “No Child Left Behind,” while keeping successful provisions, such as the reporting requirement of disaggregated data on student achievement. The bill would end states’ need for waivers from the law.

What the Every Child Achieves Act does:

· Strengthens state and local control: The bill recognizes that states, working with school districts, teachers, and others, have the responsibility for creating accountability systems to ensure all students are learning and prepared for success. These accountability systems will be state-designed but must meet minimum federal parameters, including ensuring all students and subgroups of students are included in the accountability system, disaggregating student achievement data, and establishing challenging academic standards for all students. The federal government is prohibited from determining or approving state standards.

· Maintains important information for parents, teachers, and communities: The bill maintains the federally required two tests in reading and math per child per year in grades 3 through 8 and once in high school, as well as science tests given three times between grades 3 and 12. These important measures of student achievement ensure that parents know how their children are performing and help teachers support students who are struggling to meet state standards. A pilot program will allow states additional flexibility to experiment with innovative assessment systems within states. The bill also maintains annual reporting of disaggregated data of groups of children, which provides valuable information about whether all students are achieving, including low-income students, students of color, students with disabilities, and English learners.

· Ends federal test-based accountability: The bill ends the federal test-based accountability system of No Child Left Behind, restoring to states the responsibility for determining how to use federally required tests for accountability purposes. States must include these tests in their accountability systems, but will be able to determine the weight of those tests in their systems. States will also be required to include graduation rates, a measure of postsecondary and workforce readiness, English proficiency for English learners. States will also be permitted to include other measures of student and school performance in their accountability systems in order to provide teachers, parents, and other stakeholders with a more accurate determination of school performance.

· Maintains important protections for federal taxpayer dollars: The bill maintains important fiscal protections of federal dollars, including maintenance of effort requirements, which help ensure that federal dollars supplement state and local education dollars, with additional flexibility for school districts in meeting those requirements.

· Helps states fix the lowest-performing schools: The bill includes federal grants to states and school districts to help improve low performing schools that are identified by the state accountability systems. School districts will be responsible for designing evidence-based interventions for low performing schools, with technical assistance from the states, and the federal government is prohibited from mandating, prescribing, or defining the specific steps school districts and states must take to improve those schools.

· Helps states support teachers: The bill provides resources to states and school districts to implement activities to support teachers, principals, and other educators, including allowable uses of funds for high quality induction programs for new teachers, ongoing rigorous professional development opportunities for teachers, and programs to recruit new educators to the profession. The bill allows, but does not require, states to develop and implement teacher evaluation systems.

· Reaffirms the states’ role in determining education standards: The bill affirms that states decide what academic standards they will adopt, without interference from Washington, D.C. The federal government may not mandate or incentivize states to adopt or maintain any particular set of standards, including Common Core. States will be free to decide what academic standards they will maintain in their states.

For more details on the bill:

Click here for the legislation.

Click here for a summary of the bill.

# # #

Rick Hess has a fresh idea about Arne Duncan’s perspective on the reauthorization of No Child Left Behind: he likes things just the way they are. For him, the best of all possible outcomes is the status quo. When the Obama administration controlled both houses of Congress, there was no interest in revising NCLB, even though it was due to be reauthorized in 2007.

Duncan has used federal waivers to rewrite the law to suit his wishes. Congress did not object when he twisted states’ arms (sorry for that bad metaphor; states don’t have arms) to adopt the Common Core, to evaluate teachers by test scores, and to whatever else struck his fancy. Why should he want Congress to pass a law that might restrict his power to the National Czar of schools?

Hess reprints an imaginary interview he wrote in 2011 with a Republican Secretary of Education who uses her vast powers to impose vouchers, a moment of silence, require abstinence education, require states to allow for-profit charters, and restrict collective bargaining. She is, of course, immensely grateful to Arne Duncan for showing how the Secretary can rewrite the law without turning to Congress.

Arne Duncan issued waivers to 43 states to allow them to avoid the sanctions of the No Child Left Behind Law, passed in 2001, signed into law in January 2002. NCLB is an utter disaster, recognized as such by everyone except the people who had a direct hand in writing it. It requires that 100% of all children in grades 3-8 must be “proficient” on state tests of reading and mathematics or the school will face dire consequences.

 

In no nation in the world are 100% of all children proficient in reading and math. Congress’s mandate was a cruel joke on the nation’s public schools.

 

In order to get Duncan’s waiver, states had to agree to Duncan’s terms. One of them was that the state had to create a teacher evaluation system based on test scores. Washington State initially agreed, but as the research accumulated showing that this strategy was not working anywhere, the legislature refused to pass such a system.

 

Duncan revoked the waiver he had in his lordly manner extended. Now almost every school in the state is a failing school and must spent at least 20% of their federal funding on private tutoring or allow students to transfer to “non-failing” schools, if they can find one.

 

This article by Motoko Rich in the New York Times shows the ugly consequences of Duncan’s policies have been on the public schools of Washington State. Schools that have shown dramatic improvement in recent years are now declared failures. Duncan says the state must suffer the consequences of its failure to follow his orders.

 

This man is not fit to be Secretary of Education. He is a promoter of privatization and high-stakes testing. His period in office has been marked by massive demoralization of teachers and educational stagnation (his own term). From his actions, it appears that he doesn’t care for public education and hopes it will be replaced by privately managed charters and vouchers. His action in this case has caused harm to the students and teachers of Washington State. The headline of the article says he put schools “in a bind.” It would be more accurate to say that Duncan has rained chaos on the schools and children of Washington State. The sooner he is out of office, the sooner we can turn to realistic ways of helping children and schools.

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.