Tag: no child left behind

Kill the Whole Jellyfish, or the Tentacles Will Grow

There’s a lot of debate right now about whether conservatives (I don’t know if anyone thinks libertarians can be reached) should support current No Child Left Behind reauthorization efforts. The “support this” argument is that bills in the House and Senate are not ideal because they would keep a major federal role in education, but they would end many bad things in NCLB and conservatives should take what they can get politically. But we just got a terrific illustration of what happens when you cut off just a few jellyfish tentacles: they grow back.

Yesterday, an amendment was passed in the markup of the Senate bill that would restore the 21st Century Community Learning Centers program. What is the 21st CCLC? A Clinton Era program that furnishes funds – $1.2 billion in FY 2015 – for before- and after-school activities and summer programs. The problem: It appears to be a failure. As I discussed a few years ago, federal studies of the program found it not only largely ineffectual, but possibly even a negative influence. As a 2005 report summarized:

Conclusions: This study finds that elementary students who were randomly assigned to attend the 21st Century Community Learning Centers after-school program were more likely to feel safe after school, no more likely to have higher academic achievement, no less likely to be in self-care, more likely to engage in some negative behaviors, and experience mixed effects on developmental outcomes relative to students who were not randomly assigned to attend the centers.

It isn’t just Cato folk who’ve stumbled on the research. The Brookings Institutions’ Mark Dynarski just laid into the 21st CCLC last month, writing that evaluations “reported on how the program affected outcomes. In a series of reports released between 2003 and 2005…the answers emerged: the program didn’t affect student outcomes. Except for student behavior, which got worse.”

Fed Ed, by Every Other Name, Still Smells Rank

With yesterday’s release of a new, Senate, No Child Left Behind revision, there certainly seems to be a serious effort to reauthorize the Elementary and Secondary Education Act, due since 2007. Perhaps the first thing they should do, though, is keep the name simply “Elementary and Secondary Education Act” so I don’t always have to explain that the ESEA is the same as NCLB.  But no: this is the Every Child Achieves Act of 2015, in keeping with the political need to have names no one could possibly oppose. (You want to leave kids behind? You want some kids not to achieve?) That said, while the bill seems to be a step in the right direction, it would still keep us miles from our necessary destination: no federal education control.

The new bill, like the Student Success Act in the House (yup, another loaded name) gets rid of NCLB’s “adequate yearly progress” mandate and the cascade of punishments for schools that fail to meet it, and tries to curb the U.S. Secretary of Education’s ability to coerce states to use specific standards and tests such as the Common Core and related exams. But it would still require states to have uniform standards and tests – sorry, local control – and state accountability plans would have to be approved by the secretary. This approval provision is especially concerning because, despite NCLB giving the secretary no authority to attach conditions to waivers out of its requirements, the Obama administration attached conditions anyway. In other words, we already have concrete experience with an education secretary blatantly exceeding the authority given to him by law. To think a future administration wouldn’t do so again is wishful thinking. Yes, there is a “peer review” process for state plans, and some rules on what a secretary may not require a state to do, but never underestimate the power of regulation-writing to fill in gaps with unexpected power, or future administrations to interpret imprecise wording as expansively as possible.  And the bill calls for states to have “challenging” standards, which certainly seems to require that the feds define what, exactly, “challenging” means. So maybe the worst parts of NCLB are gone, but the biggest danger – rule by executive fiat – remains.

Mr. Bush, the Lines Are Already Clear

In a Washington Post op-ed laying out his thoughts on the federal role in education, Gov. Jeb Bush wrote, “We are long overdue in setting the lines of authority so clearly.” Alas, the lines he offered would furnish just the sort of “clarity” that has led to nearly limitless federal control over schooling without any meaningful evidence of lasting improvement.

The true heart of what Bush wrote was not his declaration about setting lines, but the three justifications he offered for federal intervention. Washington, he wrote:

should work to create transparency so that parents can see how their local schools measure up; it should support policies that have a proven record; and it should make sure states can’t ignore students who need extra help.

All of this is what has gotten us to the de facto state of federal control we are currently in:

  • “Transparency” has come to mean federally driven tests and curriculum standards – the Common Core – because under No Child Left Behind states had been defining “proficiency” for themselves, and it wasn’t sufficiently “transparent” for some people whether “proficient” kids in Mississippi were as educated as those in Massachusetts. Of course, you can’t have much more complete federal control than Washington deciding what students are taught.
  • Supporting policies with “a proven record” opens the door for any policies politicians declare “proven.” See, for instance, the rhetoric vs. the reality of pre-K education programs.
  • Making sure states “can’t ignore students who need extra help” has also been used to justify national standards and tests. Indeed, it underlies everything Washington does. Sayeth federal politicians, “Some groups aren’t doing so well, and since we spend money to end that we’d better dictate terms. So let’s connect all that money to school nutrition guidelines, teacher evaluations, English and math content, school opening times…”

Quite simply, in setting his lines, Gov. Bush set no lines. Thankfully for him, lines of federal authority have already been drawn. Indeed, they were set centuries ago: the Constitution gives the federal government no authority to impose transparency, offer help, or anything other than prohibit discrimination by state and local governments and govern federal lands.

As I’ve noted before, obeying the Constitution would save folks like Gov. Bush a lot of reinventing work. More importantly, it would save everyone else expensive, ineffectual trouble.

Illegal “No Child” Waivers Should Raise Much Louder Alarms

If the outcry over unilateral executive moves we’ve seen over the last few years remains consistent, Obamacare and immigration are likely to keep sucking up most of Republicans’ attention and the media’s coverage. But just as sweeping have been executive waivers issued from the hated No Child Left Behind Act – really the most recent reauthorization of the Elementary and Secondary Education Act – that have been instrumental in connecting numerous states to, among other things, the Common Core national curriculum standards. And yesterday, the Education Department issued guidance offering states the chance to obtain waivers – if they do the administration’s bidding, of course – lasting well into the term of the next president: the 2018-19 school year.

These waivers are almost certainly illegal – even a Congressional Research Service report often cited to suggest the opposite says they are unprecedented in scope and, hence, an untested case – and even if they are not deemed technically illegal, the reality is they still amount to the executive department unilaterally making law. NCLB does grant the Secretary of Education the authority to issue waivers from many parts of the Act, but it grants no authority to condition those waivers on states adopting administration-preferred policies. Indeed, as University of South Carolina law professor Derek W. Black writes in a recent analysis of waivers, not only does NCLB not authorize conditional waivers, even if a court were to read any waiver authorization as implicitly authorizing conditions, the actual conditions attached – “college- and career-ready standards,” new teacher evaluations, etc. – fundamentally change the law. In fact the changes, Black notes, are essentially what the administration proposed in its 2010 “blueprint” to reauthorize NCLB. And quite simply, the executive fundamentally changing a law is not constitutional.

The latest waiver guidance goes beyond even the toxic status quo. Not only is the President using his vaunted pen and phone to unilaterally make education law, but law that would continue well into his successor’s term. It is a very dangerous move that, quite frankly, deserves at least as much alarmed coverage as Obamacare waivers and immigration actions. If for no other reason, because the action is moving us swiftly toward a de facto federal curriculum. In other words, direct control over what the vast majority of the nation’s children learn.

Federal power can’t get much more invasive than that.

Common Core End Game

For far too long a big part of the Common Core debate has been about establishing simple fact: the federal government provided serious coercion to get states to adopt the Core, and the Core’s creators asked for such arm twisting. Indeed, just yesterday, Andy Smarick at the Core-supporting Thomas B. Fordham Institute lamented that the write-up for President Obama’s education budget proposal gives the administration credit for widespread Core adoption. Wrote Smarick: “The anti-Common Core forces will likely use this language as evidence that Common Core was federally driven.” Of course it was federally driven, by Race to the Top (RTTT) and No Child Left Behind (NCLB) waivers! But the budget proposal tells us far more than that.

The big story in the proposal is – or, at least, should be – that the president almost certainly wants to make the Core permanent by attaching annual federal funding to its use, and to performance on related tests. Just as the administration called for in its 2010 NCLB reauthorization proposal, POTUS wants to employ more than a one-time program, or temporary waivers, to impose “college and career-ready standards,” which–thanks to RTTT and waivers–is essentially synonymous with Common Core. In fact, President Obama proposes changing Title I of the Elementary and Secondary Education Act – of which NCLB is just the most recent reauthorization – to a program called “College- and Career-Ready Students,” with an annual appropriation of over $14 billion. 

This was utterly predictable. Core opponents, who are so often smeared as conspiracy mongers, know full well both what the President has proposed in the past, and how government accumulates power over time. RTTT was the foot in the door, and once most states were using the same standards and tests, there was little question what Washington would eventually say: “Since everyone’s using the same tests and standards anyway, might as well make federal policy based on that.” Perhaps given the scorching heat the Common Core has been taking lately, most people didn’t expect the administration to make the move so soon, but rational people knew it would eventually come. Indeed, the “tripod” of standards, tests, and accountability that many Core-ites believe is needed to make “standards-based reform” function, logically demands federal control. After all, a major lesson of NCLB is that states will not hold themselves accountable for setting and clearing high academic bars.

While it’s a crucial fact, the full story on the Common Core isn’t that the feds coerced adoption. It is that the end game is almost certainly complete federal control by connecting national standards and tests to annual federal funding. And that, it is now quite clear, is no conspiracy theory.  

In Education, the Goal Posts Move

Other than in Shaquille O’Neal’s stunning vision of the future of basketball, the goals in sports don’t move. If they did, it would make the games a whole lot more random, and the outcomes unreliable indicators of who is really the better team. But in education—as we’re seeing with the hue and cry over new test results in New York—the goals do move. A lot. That’s pretty ironic considering that the top-down measures are specifically intended to establish set standards.

Earlier this week, New York released the results of its first statewide tests to gauge student mastery of the Common Core national curriculum standards. Not surprisingly, “proficiency” rates crashed, plummeting between 24 and 34 percentage points depending on the subject. But as Core supporters rightly warned, plummeting scores don’t necessarily indicate plummeting performance; they indicate that the goal posts have moved. Of course, supporters say the posts have moved higher—like basketball hoops in Shaq’s 2044—and that may be the case. But what’s more important is just that the goals are in different places—maybe they moved to the side, not up—and students haven’t been shooting in that direction.

This is far from the first time the goals have jumped, ducked, or shifted in the “standards” era. Throughout the No Child Left Behind years we saw states changing tests, standards, etc., so results often weren’t comparable from one year to the next. And New York itself revealed a few years ago that its tests had gotten easier over the years, rather than its education system getting much better.

Obligatory ESEA Reauthorization Post

I should probably have been working overtime commenting on current efforts to reauthorize the Elementary and Secondary Education Act—currently known as No Child Left Behind—because it is the flagship federal education law. Based on national test scores, that makes it the biggest ship in a fleet of Titanics.

So why haven’t I been expending countless hours and pixels on the reauthorization, especially with the House passing its version today? Partly because there are almost no prospects of any reauthorization moving seriously on the path to enactment. The GOP-controlled House, and Democratically controlled Senate and White House, have given no indication that they will give any effort to move something to completion. And that is to be expected, not just because of infamous “gridlock,” but because President Obama unilaterally issued waivers from the law’s most onerous provisions—in particular the 2014-15 deadline for all students to be “proficient” in reading and mathematics—and in so doing released almost all pressure to change the law. Well, at least to change it the constitutional way: legislatively.

For what it’s worth, the House bill is better than the status quo, eliminating punishments for districts and schools that fail to hit “adequate yearly progress,” keeping spending slightly in check, and attempting to ensure that the U.S. secretary of education can’t all but require states to adopt national curriculum standards. That said, it is still a monstrous behemoth full of reporting requirements, giveaways to GOP-favored sectors like charter schools, and big spending. In other words, it’s nowhere near what the Constitution permits, and decades of performance measures scream for: no federal intrusion in classrooms outside of enforcing nondiscrimination and governing—if the Feds choose—District of Columbia schools.

Short of outright eliminating the federal schooling leviathan, there is one proposal worth looking at: the Local Education Authority Returns Now Act (LEARN) from Rep. Scott Garrett (R-NJ), which would let states declare they’ll run their own education systems, then let state taxpayers keep the money Washington would have used to “help” them in education. It would sever the cord Washington has around states to make them do its bidding—tax dollars their citizens had no choice about paying—and reward their taxpayers directly.

What about the Academic Partnerships Lead Us to Success Act (APLUS), which is a Heritage Foundation-backed piece of legislation? It is better than the status quo or main House GOP bill, but it contains two major, unacceptable provisions:

  1. A requirement that the U.S. secretary of education approve state requests to control consolidated funding.
  2. A continued requirement that each state have a single set of standards, tests, and “proficiency” goals. 

Essentially, it’s the same basic shell as No Child Left Behind, only with more state autonomy over spending. That’s not good enough.

That said, this is all moot. There doesn’t seem to be any serious effort to reauthorize the law, and there’s no indication that will change anytime soon. Based on what we’ve seen, that’s probably a good thing.

Pages