Tag: ESSA

ESSA Seems Ripe for Federal Control

Think the end of the No Child Left Behind Act means the end of federal micromanagement? You may have to think again.

As I’ve laid out before, the Every Student Succeeds Act (ESSA) has several ambiguities that seem to keep the door open for continued federal control over state standards, tests, and accountability mechanisms, even as the law has some provisions that seem to prohibit federal intervention. What, for instance, constitutes “challenging” state standards, and who determines that? Or who decides what the right mix of academic and non-academic factors is in school accountability schemes? It certainly seems that because this is federal law, and it includes required federal approval of state plans, there will be federal control.

A report on comments from numerous interest and advocacy groups as the U.S. Department of Education prepares to write ESSA regulations – frankly, where law is really made – only bolsters the fear of continued federal domination. While some groups are certainly calling for a light federal touch, others clearly want continued force. As the Connecticut Coalition for Achievement Now – hardly just a player in the Nutmeg State – wrote:

As you establish rules and regulations around the ESSA, we urge you to maintain challenging and high standards for all students, ensure high-quality, valid and reliable annual statewide assessments, and implement comprehensive and robust school and district accountability and performance systems that help identify and improve our highest need schools and districts.

Sound like a light federal touch? Not to me, either.

Thankfully, rules and regs haven’t been written yet, and there is still time to address what appear to be very real threats of continued federal control both specifically in the law, and ultimately in regulation. And address them we shall on February 16, when Cato will host a debate between experts who see the ESSA as returning power to states and districts, and those who see that as a very uncertain proposition. Or maybe you think the law goes too far removing influence from DC. Well we’ll tackle that, too, especially if you join us – either in-person or online, and using #FedsLeaveEd on Twitter – and ask our panel about it.

Does the ESSA really relinquish federal power? That remains an open question, and lots of people – including at Cato – will be debating what the answer should be.

Good Bye NCLB, Hello ESSA

President Obama has just signed the Every Student Succeeds Act, ending the era of No Child Left Behind. If nothing else, that big majorities of both parties in Congress felt the need to greatly ease federal force in elementary and secondary education – at least overt federal force – is a powerful testament to the breadth of the public backlash against federally driven standardization, testing, and “accountability.” That backlash may well have hit a tipping point thanks to the Common Core, through which the federal government attempted to get states not just to have state curriculum standards and tests, but national standards and tests. In other words, Washington began to influence the specifics of what children across the country would learn.

Is the ESSA much better than NCLB? No, and it could potentially end up taking very little power away from Washington even though the language surrounding it has been all about returning authority to states and districts. But that the rhetoric about the federal role has had to change so greatly is a very encouraging thing.

Of course, the work of getting Washington to obey the Constitution by getting out of education – and of fundamentally changing the education system to one based in freedom – is nowhere near complete. But at least things may be heading in the right direction.

Better Than NCLB? That’s Not Saying Much

The Every Student Succeeds Act, the intended successor to the No Child Left Behind Act, is better than the law it would replace. That is what many analysts are saying as they hail the legislation as a good step in the right direction. But let’s be honest: you couldn’t set a bar much lower than NCLB. And there are some potential problems that could make the ESSA just as dangerous as the law it would supplant.

To be fair, the ESSA is, overall, probably better than NCLB, and it may well have been the best compromise possible given political reality. Most notably, it eliminates NCLB’s uber-intrusive requirement that numerous groups of students make “adequate yearly progress” on state tests lest schools be subject to a cascade of punishments. It also tries to keep the Secretary of Education from requiring the use of specific curriculum standards such as the Common Core, though it should be noted that the Core was pushed not by the letter of NCLB, but funding from the 2009 “stimulus” and Obama administration NCLB waivers that were almost certainly illegal.  

It is in responding to the power grabs of the current administration that the ESSA may fall, in practice, very short of actually eliminating executive – much less federal – control over the public schools. The bill would keep federal requirements that states have curriculum standards – indeed, “challenging” standards – and tests, and hold schools accountable for performance on them. Moreover, while the bill says the Secretary shall not “mandate, direct, control, coerce, or exercise any direction or supervision” over state standards, it also says that the Secretary must approve state accountability plans. In other words, as I’ve written before, it does not appear that the Secretary can state specifically what a plan must have, but the Ed Sec could potentially veto plans that he deems inadequate until – wink, wink – he gets what he wants.