Tag: Arne Duncan

Sorry to Keep Interrupting Your Folly with the Constitution, But…

…the Constitution!

ROUNDEDpocketConst_150Andy Smarick at the Fordham Foundation continues to simultaneously cajole and sympathize with U.S. Secretary of Education Arne Duncan as Duncan tries to formulate some sort of discernible parameters for what the federal government should and  should not do in education. Clearly, Smarick feels Duncan’s pain:

I have sympathy … because figuring out the right role for the federal government in education policy is no easy task. But I’ve been pointed and nagging because the Department needs to come up with a coherent position if it’s to sell an NCLB reauthorization plan.

Given his apparently long-standing suffering over this issue, it turns out that today is Smarick’s lucky day — I have an elixir that defines the only unshifting and unmuddled parameters of federal education policy possible: outside of Washington, DC, and federal properties like military installations, the federal government has no authority whatsoever to be involved in education! Article I, Section 8 of the Constitution makes this clear, including nothing about education among the specific powers it gives to the federal government.

And if that medicine isn’t strong enough,  the 10th Amendment doubles it, reiterating that the Constitution gives the feds only specific, enumerated powers:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Unfortunately, I’ve offered this potent treatment for Smarick (and Duncan’s) painful problem before and Smarick pretty much just flushed it down the toilet.  Last time, he simply ignored the overwhelming evidence I offered that federal involvement in education has been and will continue to be a bankrupting failure; declared it unrealistic to think that the feds would get out of education; and wondered aloud whether I might also want to get rid of federal entities like NASA. In other words, he completely dodged the critical question at hand: What is the proper federal role in education?

So here Smarick remains, floundering around with Duncan to determine what they think the feds should and should not be doing in education. And guess what they’ve come up with? The federal role should be anything and everything! It should be pushing whatever programs or reforms Washington deems “successful,” or anything for kids it declares “underserved,” or that has anything to do with “national” standards.

And what’s the role of states, school districts, schools, parents, and kids? To be ready to jump whenever and in whatever direction Washington tells them to:

Pieced together, a slightly clearer picture starts to emerge. If I’m reading it right, it’s something along the lines of “The feds will embrace national standards and assessments; invest in new ideas and successful practices; and allow states and districts to control most decisions unless underserved kids are getting hurt.”

If this is a faithful rendering of the Secretary’s view, the Department has a solid foundation on which to build. But huge questions remain: How far can the feds go with regard to disadvantaged students? How do you remain loose on means and still hold states accountable for billions of dollars? How does IDEA shift away from compliance? How does ED transition from a regulatory body to the NIH of education?

As I wrote above, developing a comprehensive, coherent philosophy on these matters is terribly hard, and we’re watching ED go through the sausage-making phase. I give them credit.

Let’s hope, when all’s said and done, that we look back on this progress like the Beatles Anthology—which shows how impeccable final products typically evolve from messy drafts — and not like the making of Chinese Democracy — a long, agonizing wait that ultimately leaves you wishing for more.

Now, I have to ask: Why would you ever, ever want to subject the nation and its children to a federal government that has potentially unlimited power in education and could very possibly produce calamitous results for all? And why would you want to force schools and children to sit atop a constantly quaking foundation, one subjected to perpetual and potentially disastrous lurching produced by the ever-changing political desires and needs of secretaries of education, presidential administrations, congresses, and self-serving politicians of all stripes?

Quite simply, there is no acceptable answer to that other than “I absolutely wouldn’t.” And that answer means that the only right answer to the question of what the federal government should do in education is “nothing.”

At some point, if we’re ever going to make any progress, people need to stop ignoring all the evidence and start dealing with reality.

What about K-12, Secretary Duncan?

Speaking to the Association of Public and Land-Grant Universities, education secretary Arne Duncan said that “he would gladly cut federal red tape if institutions, in return, showed greater progress on improving student performance.” So the secretary supports less government intrusion in education if schools show improvement.

Except he doesn’t. Not at the K-12 level, anyway. Because Arne Duncan has advocated a slow death for the DC voucher program that his own Department of Education shows is… wait for it… significantly improving outcomes while getting government out of the business of running schools altogether.

But maybe that’s the problem. Schools work better the smaller the role government plays in them, but that means we don’t really need a secretary of education at all, do we?

Fed Ed Snow Job

When you get to the top of a mountain, what do you find? Other than maybe a mountain goat, or the frozen remains of an ill-fated previous climber, snow, that’s what. That’s why it’s almost appropriate that the Obama administration’s Race to the The Top Fund, as I have written before and write again in this new op-ed, is essentially a snow job.  And it seems to be a particularly blinding one.

To qualify for Fund dollars, states have to make hardly any meaningful changes to their education systems. For the most part they just have to submit plans for how they could conceivably do good stuff. Moreover, the same “stimulus” that furnished the $4.35 billion for Race to The Top supplied roughly 20 times that amount to protect the abysmal, obese education status quo from recessionary pressures. Nonetheless, many conservatives, including former House Speaker Newt Gingrich, are going out of their way to lionize Obama & co. for their reform efforts.

Why the cross-spectrum adulation? One problem is certainly that some conservatives have given up on real reform — universal school choice and getting the feds out of education — in favor of being seen as “doing something” from Washington. Probably more important, though, is that Race to the Top is constantly being festooned in brash, combative rhetoric about pushing what are actually relatively minor — but still disliked by teacher union — improvements such as linking educator pay to student performance and increasing charter schools. (For a taste of the hyperbole, check out Secretary of Education Arne Duncan’s opening commentary from Sunday’s Meet the Press.) That Race to the Top falls far short of actually doing even these very limited things seems not to matter.

That leads to a very familiar, but nonetheless dispiriting, conclusion: in education, a blizzard of rhetoric is all it takes to blind people to reality.

Arne Duncan, Secretary of Wheel Reinvention

The final guidelines for the Administration’s “Race to the Top” education reform program have now been released. It’s a system that stimulates competition between the states to produce results that the customer (Secretary Duncan) wants, using financial incentives. Déjà vu, anyone?

It’s as though Arne Duncan recognizes the merits of free market forces, but rather than faithfully reproducing them in the field of education, he’s decided to give us his own reimagining of them.

Here’s the problem. There are already 25 years of scientific research comparing real free education markets to traditional public school systems. It overwhelmingly finds that markets do a better job of serving families. But we have no evidence at all that Secretary Duncan’s newly invented system will do anyone any good.

So why go to all this trouble to reinvent the wheel, when the Secretary’s own Department of Education has found that an on-going federal private school choice program—which gets much closer to a genuine education marketplace—is raising students’ reading ability by two grade levels after just 3 years of participation?

The Constitution? Not That Old Thing!

ConstitutionOver at Flypaper, Andy Smarick can’t figure out what the Obama administration thinks is the proper federal role in education.

A couple of weeks ago, commenting on a speech by U.S. Secretary of Education Arne Duncan, Smarick couldn’t tell whether Duncan was advocating that the feds be friendly Helpy Helpertons, no-excuses disciplinarians, or something in between. Yesterday, Smarick revisited the whither-the-feds theme, pointing out the frustrating contradiction when Duncan both praises local and state education control and blasts states for doing stuff he doesn’t like.

But Duncan isn’t alone in his fuzziness, according to Smarick, who says he’s “yet to come across anyone with a comprehensive, water-tight argument for what the feds should and should not do.”

I’m sure this is not the case, but from reading that you’d think Smarick had never run across a little thing called “the Constitution,” which furnishes just the “water-tight argument for what the feds should and should not do” that he seeks.  It also appears that he’s never encountered numerous things that I’ve written pointing this out. For instance, in Feds in the Classroom I wrote:

Because two of the sundry words that do not appear among the few legitimate federal functions enumerated in the Constitution are “education” and “school,” the federal government may have no role in schooling.

Ah, but what of the “general welfare” clause that comes before the enumerated powers in the Constitution’s Article I, Section 8? Doesn’t that give the feds authority to do anything that is in the nation’s best interest? At the very least, doesn’t it break the water-tight seal against federal education intervention?

Nope. I give you James Madison on the general welfare clause in Federalist no. 41:

For what purpose could the enumeration of particular powers be inserted, if these and all others were meant to be included in the preceding general power? Nothing is more natural nor common than first to use a general phrase, and then to explain and qualify it by a recital of particulars.

The general welfare clause confers no authority on the federal government, it just introduces the specific, enumerated powers that follow it. Among them, you’ll find not a peep about education.

Many educationists will think me hopelessly retrograde for bringing up the Constitution, although Duncan at least mentioned the dusty old document in his recent federalism speech. Unfortunately, he engaged it with all the courage and gusto of Sir Robin. But at least he acknowledged its existence – too many policymakers and wonks ignore the Constitution completely because it forbids Washington from doing the sundry things they want it to do.

But why shouldn’t the Constitution be treated like an ancient grandfather, a nice old guy whose utterances, in a half-hearted effort to be respectful, we acknowledge in the same tone we’d use with a toddler and then promptly ignore?

Because it is the Constitution that clearly establishes the bounds of what the federal government can and cannot do, that’s why! And because when we ignore the Constitution we get exactly the sort of government that is confounding Smarick: government that is capricious, often incoherent, and is ultimately an existential threat to freedom because government officials can claim power without bounds. See TARPcampaign finance, and executive pay for just a few examples of this last threat coming to fruition.

Which leaves all of the people who want Washington to have some role in education, but are frustrated by not knowing what else the feds might do, with only one choice. They can either continue to face inscrutable and ultimately unlimited federal power in hopes of getting what they want, or they can acknowledge what they keep choosing to ignore: That the Constitution is the supreme law of the land, and it gives the federal government no authority to govern American education.

Race to the Top = Klondike Bar

Remember the ads in which actors…er, people…would enthusiastically do demeaning things for Klondike Bars? You know, ads like this one, in which Shakespeare stoops to writing a TV sitcom in exchange for one of those chocolate-encrusted ice cream blocks?

The message, of course, was that the Bard and all the other Klondike-cravers took the  deals for the dessert, not, obviously, for the love of what they were being bribed to do.  They just wanted the reward – even the biggest idiot understood that.

Sadly, it seems that U.S. Secretary of Education Arne Duncan might be hoping that the public is  dumber than the biggest idiot. In a recent interview, he talked as if there might actually be  states suddenly making education changes needed to get part of his $5-billion “Race to the Top” fund not because they want the money, but because the reforms are the right thing to do.

“It’s really not about the money - it’s about pushing a strong reform agenda that’s going to improve student achievement,” he said. “We’re going to invest in those states that aren’t just talking the talk but that are walking the walk….If folks are doing this to chase money, it’s for the wrong reasons.”

Only in politics would you bribe people to act, then declare that they’d better not be acting just to get the bribe. But you wouldn’t want the public realizing that politicians and bureaucrats are just as selfish as corporate titans or swindlers, would you?

The problem Duncan is trying to deal with, of course, is convincing the public that reforms coerced with Race-to-the-Top dollars will stay in place after the one-shot-deal bucks are gone. But as even the biggest couch potato knows, Shakespeare simply won’t write for Gary Coleman if there’s no ice cream at the end.

Chart of the Day — Federal Ed Spending

The debate over No Child Left Behind re-authorization is upon us.

Except it isn’t.

In his recent speech kicking off the discussion, education secretary Arne Duncan asked not whether the central federal education law should be reauthorized, he merely asked how.

Let’s step back a bit, and examine why we should end federal intervention in (and spending on) our nation’s schools… in one thousand words or less:

Fed Spend Ach Pct Chg (Cato -- Andrew Coulson)

While the flat trend lines for overall achievement at the end of high school mask slight upticks for minority students (black students’ scores, for instance, rose by 3-5 percent of the 500 point NAEP score scale), even those modest gains aren’t attributable to federal spending. Almost that entire gain happened between 1980 and 1988, when federal spending per pupil declined.

And, in the twenty years since, the scores of African American students have drifted downard while federal spending has risen stratospherically.