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Winners and losers in the Senate’s fix to No Child Left Behind

by Jason Russell
Washington Examiner
July 16, 2015

The federal government’s role in education is one step closer to getting its first major overhaul in 13 years.

The Senate passed a bill Thursday that would reform No Child Left Behind, a law that is widely viewed as broken. No Child Left Behind was originally meant to be reformed in 2007, so if a reform is signed into law it will have come at least eight years late. Bipartisan majorities supported the bill, with 81 votes in favor and 17 votes against. Notable votes against included Sens. Marco Rubio, Ted Cruz, Elizabeth Warren and Cory Booker.

The Senate bill would give states more power over what to do with failing schools, although some state-designed plan to identify and reform failing schools is required. The amount of federally-required testing in schools would fall, and the remaining tests won’t be tied to any federal consequences. The bill also prohibits the Department of Education from encouraging states to adopt specific academic standards, as Secretary of Education Arne Duncan has been doing with Common Core using waivers from No Child Left Behind.

The House recently passed a similar education reform bill, so the next step is for the two bill to go to a conference committee for reconciliation.

Few of the interest groups involved think the Senate bill is ideal. For the most part, groups on the edges of the political spectrum are upset with it, while moderates on both sides are pleased with the progress. Here are the winners and losers from passage of the Senate’s fix to No Child Left Behind:

Winners:

Lamar Alexander and Patty Murray

Senate education committee Chairman Lamar Alexander, R-Tenn., and Ranking Member Patty Murray, D-Wash., guided the bill to unanimous approval in committee and its eventual passage on the Senate floor. The bipartisan support for the final bill shows that Democrats and Republican are still capable of compromising even when not faced with a crucial deadline. Education pundits will praise Alexander and Murray for their efforts, especially if they can find a way to get a final version signed by President Obama.

Teachers Unions

Both the National Education Association and the American Federation of Teachers support the Senate’s reforms.

In a Thursday morning email to senators, NEA President Lily Eskelsen Garcia urged the Senate to approve the education bill. “While not perfect and with room for improvement still remaining before a bill reaches the President’s desk, [the bill] marks a significant improvement over current law in numerous ways,” Eskelsen Garcia wrote. “[The bill] moves decision-making to the people who know the names of the students they educate, incentivizes supports and interventions tailored to local needs, and preserves the historic federal role in protecting the most vulnerable. … The Senate is on the cusp of an historic opportunity to begin fulfilling America’s promise of equal educational opportunity for all.”

In June, AFT President Randi Weingarten said, “The Senate bill … is a much-needed reset in federal education policy and creates the oxygen that schools need to actually teach children, not teach to tests.” The AFT has voiced its opinion on certain amendments while still pushing for passage of the overall bill.

Moderate Conservatives

Michael Petrilli, president of the Fordham Institute, called for education reformers on both sides of the aisle to recognize the Senate bill as progress. “It’s time for all of us to act like grownups and help get a recognizable version of the Alexander-Murray bill across the finish line,” Petrilli wrote on July 7. He added that conservatives should support the bill because it gives plenty of education authority back to the states, while liberals should support the requirements that states and districts have to do something about failing schools.

At the American Enterprise Institute, education scholar Rick Hess wrote on July 6 the that Senate bill “would constitute a huge improvement over the status quo and the profoundly troubled prescriptions of NCLB and the depredations of Secretary Duncan’s waiverocracy.” Hess said the bill had room for improvement, but called it a “giant step forward.”

School Choice Advocates

School choice advocates failed to get any kind of extra support for school choice programs in the bill, but were able to avoid damage and were generally supportive of the overall bill.

“The Senate’s effort is a great advance, and along with a strong House bill, will correct the overreach of this and subsequent administrations for years to come,” Jeanne Allen, Center for Education Reform senior fellow and president emeritus, told the Washington Examiner.

Alexander tried to establish a federal scholarship program that would have allowed students living in poverty to use federal dollars at any public school, private school or supplemental educational service they desire. Sen. Tim Scott, R-S.C., tried to include an amendment to allow low-income students to use their special federal funding at any public or private school they wanted. Both amendments would have allowed states to opt-in, and both fell 15 votes short of the required support.

Allen expressed “disappointment” that the two amendments failed, but CER’s press release on the overall bill’s passage was positive.

An anti-charter school amendment introduced by Sen. Sherrod Brown, D-Ohio, was never voted on.

Losers:

Hardline Conservatives

Heritage Action is a harsh critic of the Senate bill, including it as a key vote on its legislative scorecard. “The 792-page bill represents a missed opportunity to show a clear contrast with the progressives’ failed big-government education agenda,” the group said on July 6. Heritage Action can be a tough crowd. The House version of the No Child Left Behind fix is significantly more conservative than the Senate version, but Heritage Action still actively opposed the House bill for not being conservative enough.

Civil Rights Groups

Civil rights groups attempted to maintain the federal role in keeping failing schools accountable rather than allow that responsibility to fall to state governments. Throughout the months-long legislative process, coalition groups in The Leadership Conference on Civil and Human Rights pushed for more federal intervention in failing schools. The groups successfully pushed several senators, led by Sen. Chris Murphy, D-Conn., to introduce an amendment to address schools with large achievement gaps. But the amendment failed on the full Senate floor, falling 17 votes short of passage. Three Democrats joined all but one Republican in opposing the amendment. Groups such as Democrats for Education Reform, the NAACP, National Urban League and the Southern Poverty Law Center were involved in the efforts to get the amendment passed.

After the amendment failed, the civil rights groups turned to kill the full bill, because “it throws students of color, students with disabilities, English learners and low-income students under the bus,” The Leadership Conference said in a press release. “It allows schools and districts to take federal funds and yet freely ignore the needs of vulnerable students and doesn’t require any interventions to narrow massive and stubborn disparities in achievement and opportunity.”

Correction: The original version of this article incorrectly stated that Heritage Action key voted against the House education bill. Heritage Action withdrew their key vote on July 8 but still said the bill was “not worth passing.”

The Center for Education Reform Encouraged By U.S. Senate Passage of Every Child Achieves Act

Step Closer to Proper Role of Federal Government in U.S. Education

CER Press Release
Washington, D.C.
July 16, 2015

Kara Kerwin, president of The Center for Education Reform (CER), together with CER senior fellow and president emeritus Jeanne Allen, issued the following statement on the U.S. Senate’s passage today of the Every Child Achieves Act (S.1177):

“With appreciation for the bi-partisan approach with which the Senate leadership has deliberated and passed their Elementary and Secondary Education Act (ESEA) reauthorization, we believe we are finally once again on the way to reinforcing the proper role of Washington in education.

“Education is and must remain a national priority, and excellence in education an international imperative. Parents and high-quality educators must be assured that their work and positions of authority count more in schooling than the misguided dictates of the federal bureaucracy.

“We applaud the Every Child Achieves Act for reinforcing the principle of local autonomy and state sovereignty in pursuing the reforms and programs that they believe, through a democratic process, best fit the needs of the students, the communities and the schools that they know best.

“The Center for Education Reform is dedicated to and founded in 1993 on the belief that only by expanding choice and accountability in education can we achieve excellence in every school and for every child. Such tenets have over the last 25 years resulted in increased success at all levels.

“We still believe that money should follow the child and that federal money should honor that principle wherever states have choice programs, and are thus disappointed that the Alexander and Scott amendments failed.

Nevertheless, the Senate’s effort is a great advance, and along with a strong House bill, will correct the overreach of this and subsequent administrations for years to come.”

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Founded in 1993, to bridge the gap between policy and practice, The Center for Education Reform is the pioneer and leading voice for substantive change that transforms learning opportunities and outcomes for America’s children. Additional information about CER and its activities can be found at www.staging.edreform.com.

All Good Things Must Come To An End, Right?

It feels like it was just yesterday that I was walking across the Syracuse University campus, checking my email and learning that I received a position as an intern for the summer here at The Center for Education Reform (CER). That was almost five months ago now. I look back at my time here at CER this summer and I almost don’t recognize the girl who thought a voucher was just something used at a retail store to get 50% off!

On my first day, I was told countless times that I would get as much from this internship as I put into it. What I wasn’t told was that I would learn more in these six weeks than in any college semester. Meeting real education reformers taught me that this work never ends but that there are real results. We (yes, I would say I’m a reformer now) are helping real live people who need a voice in those scary marble halls of the Capitol. It’s important to remember who we’re fighting for with all these policy briefings and panel discussions. The future of America is in our hands because we’re the ones fighting for those who can’t always fight for themselves.

My experiences here at CER have been vast. From spending afternoons in those scary marble hallways of the Capitol, to planning events, and listening to some truly inspirational panel discussions, this summer has taught me more than I ever expected. A personal favorite of mine was an entrepreneurship panel, titled “The State of Entrepreneurship in K-12 Education” at the American Enterprise Institute (AEI). This panel proved to me that education does not simply need to be a teacher in front of a classroom but in fact, it is an entire army of people working to help better the way in which classrooms are operating in today’s society. There are people working everyday to improve the state of education and create new ways for people, not just children, to learn by utilizing the newest most innovative thinkers. Technology in the classroom does not simply mean putting a device in every child’s hands; it’s about using these devices to support what the classroom teacher is already doing. Technology has the potential to transform education but at the moment it is simply being used as a way to amplify what schools have already been doing not change the field.

My experience at CER has been one that I will never forget. I’m eternally grateful to have been given this opportunity to grow, learn, and see what the movement is truly about. Thank you to the CER staff for teaching me all that they could and answering any questions I had. To my six other interns this summer, I truly hope it isn’t goodbye and if you need me you know you can always find me on Twitter!

Ciara O’Sullivan, CER Intern

EdReform: Past, Present and Future

We planned an event.

When we arrived in the CER office all we kept hearing about was the events we would plan. They would be events “for interns by interns” and we would plan them essentially on our own. It was a daunting task but we were up for the challenge and the result would be two success stories.

Yesterday’s event was a panel discussion titled “EdReform: Past, Present and Future.” Each intern was assigned a different role that involved completing a task prior to the event and a task on the actual day of the event. Planning this event required weekly intern meetings that helped to create the bond that has come to exist between this group of seven CER interns. We found our venue thanks to the Thomas B. Fordham Institute during the first week of July. Our speakers, Michael Petrilli of the Thomas B. Fordham Institute, Jill Turgeon, an educator and school board member in Loudoun County, Virginia, as well as John Bailey of Digital Learning Now were all people who we had encountered at other events throughout the summer and proved to be influential on us as interns. And finally, we purchased lunch for all attendees as a final ploy to get interns in the door.

The day finally arrived. Michael Petrilli, Jill Turgeon and John Bailey arrived at the conference space and our discussion was under way. Throughout the discussion there was a common theme around parent power and the need for parents to have the ability to choose the school that they think is best for their child. There also seemed to be a common belief among the panelists that technology can be used in the classroom but is only beneficial when it is a support and not simply an amplification of the “old model” of education. A highlight of the panel for me was John Bailey’s comparison of ESEA to the television show Game of Thrones. “Winter or ESEA reauthorization is coming.”

As a whole, the panel provided a variety of insights into the world of education reform. They proved yet again that this field is constantly evolving and always has been. Just because the broader media is not always discussing education issues does not mean that huge strides are not being made in this field. The future of education reform is bright though it is long. It’s our generation who can really change the way schools operate and allow for parents to have the final say in the lives of their children.

Ciara O’Sullivan, CER Intern

Senator Scott Delivers Speech on Power of School Choice

Senator Tim Scott (R-SC), an outspoken champion for school choice, delivers a powerful speech as the Every Child Achieves Act, which would reauthorize the Elementary and Secondary Education Act, is debated on the Senate floor on July 14, 2015.

Senator Scott’s amendment would allow Title I portability, or in other words, allow funds to follow low-income children, which would give parents a greater choice regarding their child’s education options.

NEWSWIRE: July 14, 2015

Vol. 17, No. 28

DANGEROUS AMENDMENT. The Elementary and Secondary Education Act is still being debated this week in Congress, and CER got wind of an amendment that’s a veiled attempt at destroying charter schools. Under the guise of accountability, union-backed Senator Sherrod Brown (D-OH) has introduced an amendment that would force states to comply with new and onerous regulations that micro-manage charter school operations and finance, as well as dictate under what terms states may and may not hold schools accountable. The amendment would have the effect of putting the federal education department in charge of charter school oversight, requiring states to adopt new and burdensome rules which conflict with current state authorizing preferences and differ state by state. Not only is the proposed charter school language in Every Child Achieves Act already infused with substantial oversight, but this amendment “is just bad policy, period,” says CER President Kara Kerwin. “We urge the U.S. Senate to reject any further attempts at making charter schools operate like the failed public school bureaucracy they were created to change.”

AUTHORIZERS MATTER. Loudoun County, Virginia is getting its second charter school. Why is this news? Because Virginia’s F-rated law makes it extremely difficult to open and operate charter schools in the Commonwealth. WAMU highlights one of the law’s main weaknesses: all chartering power rests solely in the hands of local school boards. Districts typically aren’t friendly towards charter schools, but because some Loudoun board members ran on a platform to expand school choice, a second charter school was approved. It’s dangerous when policies are in place that rely on individuals in power, rather than create the conditions necessary for a structure that puts students and families’ interests first. A constitutional amendment to change this has been introduced, but must get approved by two different General Assemblies to go into effect.

PROFICIENCY GAP. The National Center for Education Statistics compared state performance with 2013 National Assessment of Educational Progress (NAEP) scores, also known as the Nation’s Report Card, and the results indicate states still have a long way to go in implementing high standards. The Foundation for Excellence in Education launched WhyProficiencyMatters.com to shed light on this “proficiency gap” because it creates a false sense of proficiency and achievement. Take Alabama, for example, which ranks 47th on CER’s Parent Power Index, where proficiency gaps between NAEP and state scores are above 50 percentage points for math and reading for fourth and eighth graders. According to Alabama, 88 percent of fourth graders are proficient in reading, but according to NAEP, 31 percent of Alabama fourth graders can read at grade level. States must raise the bar on proficiency expectations if our education system is to live up to the promise of delivering an excellent education for every child so that they’re prepared for life beyond K-12.

#TRANSFORMEDREFORM. CER is lucky to get amazing interns, and this summer is no exception. Today, our interns hosted an event at the Thomas B. Fordham Institute that they planned and coordinated on their own called “EdReform: Past, Present, & Future.” Panelists included John Bailey, Vice President of Policy of the Foundation for Excellence in Education and Executive Director of Digital Learning Now, Michael Musante, Senior Director of Government Relations of Friends of Choice in Urban Schools (FOCUS), Michael Petrilli, President of the Thomas B. Fordham Institute, and Jill Turgeon, the Vice Chair of the Loudoun County School Board. Get a recap of the conversation and join in on social media under the hashtag #TransformEdReform. And if you know someone who would make our next great intern, CER is now accepting applications for the fall.

ELECTION 2016. In preparation for the 2016 election, The Seventy Four, a new nonprofit, non-partisan news site, with the American Federation for Children and the Des Moines Register, will be hosting two Education Summits to shine a spotlight on the importance of education and engage elected officials in public discussions surrounding challenges to improve U.S. education. The first summit is set for August 19 in New Hampshire, with a second to follow in Iowa in October. As governors enter the presidential race, find out where they stand on school choice, charter schools, and teacher pay with CER’s Education Fifty.

RALLY ON THE HILL. In just one week, we’ll be joining parents, students, teachers, advocates, and more who will be rallying because they believe parents deserve more power in education. If you’re in D.C. next Tuesday, July 21 at 10:00am, don’t miss the #ITrustParents rally for School Choice. Put on by PublicSchoolOptions.org, the rally will feature CER President Kara Kerwin and CER Board of Directors member Kevin Chavous, Go to publicschooloptions.org/dc-rally/ to RSVP today.

Brown Amendment Bad Precedent for Federal Policy and Bad for Kids

Ohio Senator Pushes Amendment in Every Child Achieves Act to Regulate Charter Schools

Washington, D.C.
July 13, 2015

Under the guise of accountability, Senator Sherrod Brown (D-OH) has introduced an amendment to force states to comply with new and onerous regulations that micro-manage charter school operations and finance, as well as dictate under what terms states may and may not hold schools accountable. Brown’s amendment, backed by the national teachers’ unions, is a veiled attempt at destroying charter schools.

“Because most states’ charter laws permit exemptions from onerous bureaucratic rules, charter schools have long been a thorn in the side of entrenched interest groups who have power in the status quo,” said The Center for Education Reform (CER) senior fellow & president emeritus Jeanne Allen. “Despite more than 20,000 students on waiting lists in cities like Columbus and Cincinnati, the good Senator from Ohio has never demonstrated support for charter schooling.”

According to a review by The Center for Education Reform, the Brown amendment would have the effect of putting the federal education department in charge of charter school oversight, requiring states to adopt new and onerous rules which conflict with current state authorizing preferences and differ state by state. A state university, for example, that authorizes and monitors charter schools would have to do more federal compliance reporting for its charter school work than it currently does for its core higher education business, despite proven results.

In fact, charter schools are more successful at reaching and helping students – particularly minority and low-income students – than traditional public schools, according to dozens of studies, such as pathbreaking research conducted by Stanford University economist Caroline Hoxby.

Senator Brown’s amendment would have the effect of dampening those results and discouraging new and innovative models of schooling.

“It’s just bad policy, period,” said CER president Kara Kerwin, who recently visited with policymakers and charter schools in Ohio and found a vibrant and highly energetic charter sector working on accelerating school improvement. “We urge the U.S. Senate to reject any further attempts at making charter schools operate like the failed public school bureaucracy they were created to change.”

The text of Senator Brown’s amendment can be found here.

Proposed charter school language in Every Child Achieves Act is already infused with substantial oversight and can be found here.

Expanding Options and Changing Stigmas

Over the past few decades, primary and secondary education have been rethought, reshaped, and rebranded. Amidst the changes in the K-12 world, there have been stigmas attached to different styles of education just as there are in the post-secondary world. Although the options in post-secondary education outnumber those in primary and secondary education, stigmas persist about what choices are better than others. A four-year university option is perceived as more prestigious than a community college option due to nomenclature. Expanding the options and reducing the stigma of alternative styles of higher education would not only ensure success in higher education for all students, but also equip more individuals with the tools for success. Just as school choice is important for K-12 education, changing the stigma of choices in post-secondary education needs to be on the top of our list.

Post-secondary education has shown the education world how important it is to give students options. Expanding options equips more individuals with the tools for success. The Brookings Institution hosted several panels on the importance of choice in post-secondary education and the need to enhance the experience for students. The panelists’ ideas, although specific to post-secondary education, parallel the need for choice in primary and secondary education. Providing more education options can only improve both sectors of education. Just as some post-secondary students excel in a traditional, four-year college experience and others excel in a certification program at a community college, some K-12 students can excel in a traditional public school and others excel in an alternative charter school setting. The acceptance of alternative modes of K-12 education should ideally be transferred to the post-secondary realm, while the abundance of options in the post-secondary realm should be paralleled in the K-12 sector.

As DeRionne Pollard, the president of Montgomery College noted, “you don’t have to go to college, you just have to get an education”. Whether you are in the K-12 sector or the post-secondary world, education is the number one objective.

Emily Kelleher, Elizabeth Kennard, and Madeline Ryan, CER Interns

Measuring Academic Resilience

Last week, I listened to American Institutes for Research’s webinar “Socioeconomically Disadvantaged Students Who Are Academically Successful: Examining Academic Resilience Cross-Nationally”.

Maria Stephens and Ebru Erberber, Senior Researchers at American Institutes for Research, observed the discrepancies between marginalized students and their ability to thrive academically. They investigated the prevalence of “academic resilience” internationally as well as the factors influencing this success. Sean McComb, 2014 National Teacher of the Year, discussed the implications of their analysis and results. He suggested ways to increase academic achievement among those who are underprivileged.

Erberber claimed that it is the school’s initial responsibility to expose students to higher educational options and various fields of study. Academic success thereby stems from student aspiration and teacher encouragement.

McComb then stressed the importance of personalized learning and professional development.

Stephens, Erberber, and McComb offered valuable insight about inequities within and across education systems. They briefly discussed policy implementation, but did not fully engage in a conversation about potential practices that could reshape the education landscape, which disappointed me.

Socioeconomic status should not be a determinant of a child’s academic success, but all too often, it is. I believe it would have been beneficial to talk about educational policy in relation to their findings and analysis. We need more policies to make schools responsible for student outcomes and not just enrollment. This strategy would incentivize administrators and teachers to provide students with all of the information they need to reach their goals, whether it be to graduate high school, go immediately to the workforce, or attend a two or four-year college.

Being fully aware of these options has unfortunately become a privilege, but every student is entitled to understand their choices. We cannot bridge the achievement gap between socioeconomic classes without increased accountability and greater transparency between students, teachers, and administrators.

Hayley Nicholas, CER Intern

Sports and School

John Gerdy, an accomplished philanthropist, author, and athlete, details the nature of sports, specifically football, in his book entitled Balls or Bands: Football Vs. Music as an Educational and Community Investment. Gerdy’s depiction of football acts as a call for school reform and the need to rework the traditional models of education to best suit the needs and interests of an eclectic group of students.

Gerdy notes, “…football programs are ‘factories’ and the young people who play the game are simply clogs in a machine. And when that clog is no longer productive, it is unceremoniously discarded. Simply another piece of ‘football wreckage’ left in the wake of a cultural behemoth.”

By substituting the word ‘schools’ for ‘football programs’ the same point comes across: traditional public school is not one-size-fits-all, and students are falling through the cracks. Schools fail students when students fall through the cracks and don’t graduate. Students who are not “productive” or proficient as it relates to the education context are often left behind to pick up the pieces on their own, resulting in high drop out rates and continued failure on behalf of these schools. Students are simply not just a member of a school ecosystem, but are individuals who should be noted and recognized by the school as such.

Gerdy’s reasoning why football and sports aren’t a good tool to build students up and set them up for success is the same reason why The Center for Education Reform (CER) does the work it does on a daily basis: to make sure America’s education system is set up so that it focuses on the individual and unique needs of every student by allowing them to find the right fit, regardless of their zip code, so they thrive personally and academically.

Charter schools, online learning and other models of education come into play here in which students are recognized on the individual level, not as a large body of individuals. Advocating for great schools and encouraging parents to choose these schools is all done by the work of the CER staff and their continued dedication to ensuring an excellent education for all students. Continued attendance at failing schools does little to ensure success for students. All parents should have access to alternate education options that can offer their child higher academic success and individualized student attention, not just the few who know how to work the education system.

The work accomplished at CER regarding school choice and providing more options to students aligns with Gerdy’s point that sports are not all inclusive and therefore other types of extra-curricular activities should be implemented. Similarly, the mode of traditional education in the U.S. does not suit the needs of all students, and we need to make parents and students aware of other types of schooling (private, online, blended, charter) that focus on the individual student and allow them to be successful, and lawmakers aware of the need to create policies that allow education options to thrive.

Elizabeth Kennard, CER Intern