Tag: no child left behind

It’s All Your Fault, Fickle Friends of the Constitution

There’s an interesting convergence in the news this morning, with Kimberley Strassel in the Wall Street Journal and an article in the New York Times tackling President Obama’s trampling of the separation of powers. Strassel is dubbing Obama’s an “imperial presidency,” and while the Times offers a straight news piece about No Child Left Behind waivers, it too features a strong whiff of presidential imperialism:

Congress has tried and failed repeatedly to reauthorize the education law over the past five years because Democrats and Republicans cannot agree on an appropriate role for the federal government in education. And so, in the heat of an election year, the Obama administration has maneuvered around Congress, using the waivers to advance its own education agenda.

It’s easy and fun, of course, to cry imperialism when it’s the other guy’s party in power, and as Strassel points out many on the left employed such condemnation—not without cause—against George W. Bush.  But that’s precisely the problem: Liberals and conservatives both shunt aside the Constitution when it serves their purposes, but act shocked—shocked!—when the feds or the president employ unconstitutional power to do things they don’t like.

Well guess what, fickle friends of the Constitution: You all righteously shut down the containment unit. You’re all at fault for the demons running rampant.

There’s no better example of this than education, an area over which no federal authority exists yet politicians of both parties have ”helped the children” whenever they’ve felt they could get what they wanted. A heavily Democratic Congress and White House gave us the original Elementary and Secondary Education Act—liberals love spending money on schools—and conservatives decried the wasting of taxpayer dough. With NCLB, a largely Republican Congress and White House  escalated federal control—conservatives love being seen as tough guys who impose “accountability”—and many on the left became apoplectic.  Now President Obama is handing out NCLB waivers contingent on states adopting his favored reforms, and many on the right are rhetorical constitutionalists again.

Here’s the lesson: The next time the guy you despise does something you don’t like, remember when you’ve looked the other way as the Constitution was shoved in a drawer, or torn up, in pursuit of what you wanted. Remember, and heap blame on yourself, because it is your fault.

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Education Silver Lining in ObamaCare Decision?

After having my brain twisted into a pretzel reading yesterday’s ObamaCare decision, I was as disturbed as anyone. I mean, I had spent most of my life thinking I knew the difference between a “penalty” and a “tax,” and it turns out I was just fooling myself. Not to get too existentialist about this, but it has really made me question whether anything I think is real truly is.

Anyway, I eventually discovered what might be a small silver lining in the ruling, at least for education: the Medicaid section might have begun to place some, very nebulous, boundary on the ability of the federal government to bribe states into adopting federal rules. That has been the primary mode by which Washington has taken over elementary and secondary education—think No Child Left Behind, Race to the Top, No Child Left Behind waivers—and this ruling says there is a constitutional limit to what the federal government can do to coerce state action though spending.

Essentially, whether or not Spending Clause coercion is unconstitutional depends on whether it constitutes “undue influence” on states. For Chief Justice Roberts, that line was crossed when the Feds changed the rules for Medicaid and threatened states with the loss of all their funding if they didn’t follow the new strictures.

Obviously this doesn’t give us anything approaching a bright line on the limits to Spending Clause use. Such a limit surely can be found—no spending is allowed not connected to one of the specific, enumerated powers given to Washington by the Constitution—but Roberts writes that “Congress can use [Spending Clause] power to implement federal policy it could not impose directly under the enumerated powers.”

So why bother with enumerated powers? Got me…

Addressing education directly, the conservative justices noted that compared to Medicaid, federal education funding is a relatively small share of total spending, casting doubt on how applicable the ruling might be. In contrast, it was very gratifying to see those justices make a point I’ve made repeatedly, especially when discussing the absurd assertion that adopting national curriculum standards has been voluntary. Even if adoption were technically voluntary for states, taxpayers in those states have had no choice about paying the taxes that fund multi-billion-dollar carrots such as Race to the Top. Indeed, the conservatives write, were a state to fail to meet conditions attached to Spending Clause bucks, not only would it lose access to federal funds, it would likely have to raise its own taxes to make up for the shortfall, taxes that “would come on top of federal taxes already paid by the State’s citizens” for the spurned federal program.

The teensy bit of good news out of this ruling is that there is some limit to how coercive Washington can be under the Spending Clause, the clause that has been the linchpin of federal education policy. Unfortunately, the new problem is that were the Spending Clause avenue eventually cut off, Congress could probably just threaten the residents of recalcitrant states with some sort of financial penalty…er…tax. I mean, penalty…

Oh, my existentialist crisis!

Bush or Obama: Can We Tell Who Shuffles the Edu-Chairs Better?

I’m a Paul Peterson fan, and I sure don’t think President Obama’s education grade should be very high, but I’m afraid Peterson is offering some pretty weak stuff in this op-ed hoisting President George W. Bush above the current POTUS in education policy.

The main problem is that Peterson is using broad National Assessment of Educational Progress data as his main evidence of Bush’s success and Obama’s failure. But not only are these data far too blunt to tell us much about a single administration’s policies—myriad forces are at work in education beyond federal rules and regulations—it’s a serious stretch to suggest that we should expect to see big testing gains from any policy within a year or two of its enactment. Peterson even hints as much late in his treatment of Obama, noting that “NAEP data are available for just the first two years of his administration, [but] the early returns are not pretty.”

“Early returns” is right, considering that President Obama only took office in 2009, the first winners of Race to the Top—Obama’s main “reform” driver—weren’t declared until late August 2010, and the NAEP exams were administered between January and March of 2011.

More troubling, though, is the praise Peterson heaps on President Bush and No Child Left Behind. I’ve broken down NAEP scores six ways from Sunday and won’t rehash it all again, but based on improvement rates the NCLB era hasn’t been all that special. More important for this discussion, again considering policy implementation lags, it is a big leap to look at NAEP scores and crown Bush the edu-winner.

Let’s break down Peterson’s biggest advantage-Bush claim: “Overall, the annual growth rate in fourth- and eighth-grade math was twice as rapid under the Bush administration as under his successor’s.” (Actually, his biggest claim is that Bush’s fourth-grade reading performance is “infinitely” better than Obama’s, but that’s because there’s been no gain under Obama, not because under Bush scores were numerically much better.)

By far the biggest increase in 4th grade math scores that included Bush presidency years occurred between 2000 and 2003, when the average score rose three points per year. Pretty impressive, but Bush didn’t become President until 2001, and NCLB wasn’t enacted until January 2002. With NAEP administered between January and March 2003, NCLB was only law for about a year in that time span, and it took much of that year for people just to figure out what NCLB was all about. In other words, it is unlikely—though, granted, not impossible—that the improvement in that period was due primarily to NCLB.  Pull that span out of the Bush years, though, and growth was just 0.83 points (out of 500) per year. Years 2009 to 2011 saw a 0.50 point uptick—so neither president saw growth that was too impressive.

For eighth grade math, again excluding 2000-2003, the Bush years registered another 0.83 point growth rate, and 2009-2011 was again at 0.50.

The Bush years are a bit better than Obama’s just looking at NAEP—which alone tells us little—but neither president’s tenure is all that great, especially considering, as noted, several pre-NCLB periods saw faster growth. And then there’s the big picture: When you get to 17-year-olds—our schools’ “final products”—NAEP scores have been utterly stagnant for decades despite per-pupil expenditures roughly tripling and Washington getting ever-more involved.

Even if you could tell who nudged an Adirondack chair a millimeter farther from the abyss, arguing about which president is the better chair-shuffler is really missing the sinking ship.

The Other Federal Takeover

Right now the nation is fixated on the Supreme Court and health care, as well it should be. If the Court rules the wrong way and the individual mandate is upheld, seemingly the last limit to federal power—Washington can’t make you buy stuff—will be gone. So yes, please, let’s focus on ObamaCare.

When the arguments end and the health fight abates for a while, however, let’s pay some much needed attention to another federal takeover, one that is constantly being overshadowed by bigger things like wars, ObamaCare, and budget blowouts: looming federal domination of education.

There’s actually an immediate ObamaCare connection to education, though few will likely recall it. To make the CBO cost estimates come out right, Democrats attached the Student Aid and Fiscal Responsibility Act (SAFRA) to the already immense legislation. SAFRA eliminated guaranteed college loans—loans originated through private lenders but completely backed by taxpayer money—and made almost all lending direct from the Treasury. It wasn’t a sudden takeover as many Republicans framed it—the guaranteed program already represented massive federal control—but it did push the private sector even farther to the student-lending fringes.

Much more insidious is what Washington has been doing in K-12 schooling.

The real sea change was No Child Left Behind, when the Feds went from primarily doling out money, to dictating that every state have standards and tests in math, reading, and science, and schools and districts make yearly “proficiency” progress. It was a huge ramping-up of already unconstitutional federal involvement.

At least NCLB, though, was enacted through the proper legislative process: Congress debated the law, voted on it, and the president signed it. These days, that’s just too much of a bother.

The Obama administration started unilaterally making education policy with the “Race to the Top,” a contest in which states competed for $4 billion in “stimulus” money. Among the administration-specified things states essentially had to adopt to win? National curriculum standards, better known as the “Common Core,” which we are told repeatedly are voluntary for states to adopt.

But wait. Didn’t I used to write that Race to the Top was $4.35 billion? What happened to the other $350 million?

It wasn’t part of the purse states competed for. Instead, the administration is using it to pay for the development of national (read: “federal”) tests to go with the Common Core.

In case all that weren’t enough, the Obama Administration has decided it’s tired of waiting for Congress to rework NCLB and is issuing waivers to states that promise to implement administration-approved reforms. Included in those is adopting “college- and career-ready” standards, a euphemism for the Common Core. In other words, the federal government is on the precipice of dictating the basic curriculum for every public school in America, and doing so without even the semblance of following the constitutional, legislative process. It’s not just a federal takeover, but an executive branch takeover.

Why hasn’t this gotten the sort of attention that’s been showered on health care?

Unfortunately, a large part of the problem is that people are simply accustomed to a government education monopoly. Historically such a monopoly hasn’t been the norm, but in our lifetimes it has, and government schooling advocates would have us believe that it is the cornerstone of our society. Not so with health care: lots of people want others to pay for their care, but the default has never been government assigning you a doctor and hospital based exclusively on your home address.

The other part of the problem is people simply don’t know about the federal edu-coup. This is especially the case with national standards, which advocates have purposely soft pedaled to avoid the fate of open and honest—but disastrous—federal standards efforts in the 1990s. And when the topic has come up in public discussion, classic propaganda techniques have been employed: repeat enough that the effort is completely “state-led and voluntary,” and people will believe you.

Thankfully, it’s not too late to reverse this. There’s no historic Supreme Court showdown on the horizon, but some states have started to resist federal control, and groups like the Pioneer Institute and Pacific Research Institute have undertaken concerted efforts to expose the Common Core. The biggest problem is that the public is largely oblivious to what’s going on. Which is why, after the ObamaCare Supreme Court arguments are over, we need to turn our attention to the other, almost complete, federal takeover: education.

‘Say I Threatened You Again, And You’ll Really Be Sorry!’

Apparently, if you try to undo something the feds want you to do, they’ll slap you around until you confess they’ve never threatened you. At least, that’s how Education Secretary Arne Duncan rolls when it comes to national curriculum standards:

Following is a statement by U.S. Secretary of Education Arne Duncan on a legislative proposal in South Carolina to block implementation of the Common Core academic standards:

“The idea that the Common Core standards are nationally-imposed is a conspiracy theory in search of a conspiracy. The Common Core academic standards were both developed and adopted by the states, and they have widespread bipartisan support. GOP leaders like Jeb Bush and governors Mitch Daniels, Chris Christie, and Bill Haslam have supported the Common Core standards because they realize states must stop dummying down academic standards and lying about the performance of children and schools. In fact, South Carolina lowered the bar for proficiency in English and mathematics faster than any state in the country from 2005 to 2009, according to research by the National Center for Education Statistics.

“That’s not good for children, parents, or teachers. I hope South Carolina lawmakers will heed the voices of teachers who supported South Carolina’s decision to stop lowering academic standards and set a higher bar for success. And I hope lawmakers will continue to support the state’s decision to raise standards, with the goal of making every child college- and career-ready in today’s knowledge economy.”

I don’t really need to go any further than the statement itself to prove that, contrary to “Fat Tony” Duncan’s protestations, it is not a “conspiracy theory” to say that the Common Core is “nationally imposed.” But let’s rehearse the litany one more time:

  • In 2008 the National Governors Association, Council of Chief State School Officers, and Achieve, Inc.—the main Common Core architects—called for federal “incentives” to get states to adopt “a common core of internationally benchmarked standards in math and language arts.”
  • President Obama’s $4.35-billion Race to the Top required that states, to be fully competitive for grants, adopt national standards.
  • Race to the Top contained $330 million that Washington is using to fund development of two national tests to go with the Common Core.
  • The President’s “blueprint” to reauthorize No Child Left Behind would make national standards the backbone of federal accountability.
  • To get waivers from No Child Left Behind’s most onerous provisions, a state has to either adopt the Common Core or have a state college system declare that the state’s standards are “college- and career-ready.” Of course, this came after almost every state had already adopted the Common Core.

Why is Duncan lashing out? Quite possibly, he’s reacting to a recent spate of research and commentary attacking the Common Core based on its highly dubious legality, quality, and odds of success. That South Carolina is considering backing out—though the Palmetto State effort fell short in a Senate subcommittee—might have pushed Duncan over the edge. I mean, how dare those people try to buck what Duncan and his boss were not in any way trying to get them to do!

Unfortunately, as failure in the South Carolina committee reinforces—and I warned last week—it is unlikely that many states will formally boot what they’ve already adopted. The time to fight to keep the Common Core out of states was before Race to the Top decisions were made, as we at the Center for Educational Freedom did. Of course, it was off most people’s radars during that crucial time because that was exactly what national-standards supporters wanted. And it’s what their ongoing dissembling about Washington’s heavy hand is intended to continue.

Thankfully, that strategy seems to not be working so well anymore.

Waiving Goodbye to the Constitution

Today the Obama administration will announce, according to early press reports, that ten states (of eleven that applied) will be receiving waivers from key provisions of the No Child Left Behind Act. That’s right, the 2002 education law passed by Congress and signed by President Bush that absurdly insisted that all children will be proficient in mathematics and reading by 2014. Now President Obama, unilaterally, is telling states that they can forget all that as long as they adopt – or at least have “plans” to adopt – reforms to his liking, such as national curriculum standards and teacher evaluations based on student standardized testing progress.

At this point, it is almost impossible to keep track of the federal savaging of the Constitution in supposed service of education. First there was the federal expenditure of money, allowed by none of the enumerated powers, largely starting in the 1960s. Then there was the growing attachment of controls to that money – again, with no Constitutional authority – culminating in NCLB. Now there is the blatant disregard for the separation of  powers by a President who just decided he didn’t like waiting for Congress to reauthorize the law, and a Congress that exhibits no spine whatsoever when it comes to this power grab because, well, no one seems to like NCLB.

Within this fiasco is all the evidence anyone should need to see why the Feds must be extracted from education. While Washington can drop humongous sacks of taxpayer dough on states and districts, and impose lots of bureaucratic rules and regulations, it can’t actually make education much better. Indeed, the whole point of NCLB was to end decades of Washington spending billions for no return. And what happened? Exactly what state, district, and school-level bureaucrats and unions expected: “accountability” swerved off the road before the 2014 deadline. It took longer than expected – it was a slightly more nerve-wracking game of political chicken than usual – but in the end the entrenched interests won because they’re the most motivated to bring the political pain. After all, their very livelihoods are at stake.

Aside from desegregation – which it has Constitutional authority to compel – the federal government has done no meaningful good in education. Why? Because the special interest-driven reality of politics ensures it can’t do any good. Yet we not only let it continue to trample the Constitution by meddling in education, we are allowing it to shred the Constitution into ever-smaller bits in order to “fix” the destruction it has wrought. And for this, all who turn a blind eye to the Constitution in the name of “the children” are to blame.

Promises Unfulfilled? What Next, Federal Education Failure?

On Sunday we marked the tenth birthday of the No Child Left Behind Act by reviewing its decade of futility and explaining why federal education adventuring is basically doomed to failure. (Enjoy some of our extensive coverage here, here, and here.)  This week we got yet more evidence that federal policy is always big on promises, itty-bitty on results. According to the latest reports, most of the winners of President Obama’s $4.35-billion “Race to the Top” competition are well off pace to fulfill the promises they made to get the dough. Well off schedule, that is, except for adopting the laughably dubbed “state-led and voluntary” national curriculum standards that the federal Race to the Top essentially demanded they use.

It’s just as I warned back in 2009, when Race to the Top was all the transformative rage in both left and right edu-policy circles:

Have plans for reform? Sure. Break down a few barriers that could stand in the way of decent changes? That’s in there, too. But that’s about it. And the money is supposed to be a one-shot deal – once paper promises are accepted and the dough delivered, the race is supposed to be over.

In light of those things, how is this more appropriately labeled the Over the Top Fund than the Race to the Top Fund? Because while not requiring anything, it tries to push unprecedented centralization of education power. It calls for state data systems to track students from preschool to college graduation. It calls for states to sign onto “common” – meaning, ultimately, federal – standards. It tries to influence state budgeting.

To be fair, the feds could still hold states accountable and keep the RTTT dough if and when the states break their promises. But that would still be another failure, and all the money states and Washington will have spent on RTTT will have gone for naught. But, then, spending for naught is something we should be very much used to by now.