Tag: Student Success Act

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.

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.