NCLB

Yesterday’s big news (regarding ObamaCare’s subsidies in states with federal exchanges) is that the judiciary actually expects the executive branch to pay attention to the clear language of laws passed by the legislature. (Update: At least, the D.C. Circuit does.) That this lesson in Civics 101 is news at all tells you something about the disrespect the Obama administration has shown to our Constitutional system. Congress may be semi-paralyzed, but the White House and the federal agencies still aren’t allowed to write the laws themselves.

Yet that’s exactly what Arne Duncan and his Department of Education continue to do when it comes to their interpretation of the waiver authority in the Elementary and Secondary Education Act (ESEA). He has the right to offer greater flexibility to the states when it comes to the law’s “adequate yearly progress” measures and other parts of its accountability system. What he has no constitutional right to do is dream up new mandates out of thin air and make flexibility contingent upon their embrace by supplicant states.

Let’s follow the example of the D.C. Circuit and examine the clear language of the applicable law. Section 9401 of ESEA plainly states that “the Secretary may waive any statutory or regulatory requirement of this Act” (with some noted exceptions). It says that states should describe, in their waiver requests, “How the waiving of…requirements will increase the quality of instruction for students and improve the academic achievement of students.” But it grants no authority for the Secretary to...

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The Arctic Vortex edition

Invigorated by the weather, Mike and Dara give cold shoulders to anti-Common Core strategists, California’s constitution, and Randi Weingarten’s “VAM sham.” Amber gets gifted.

Amber's Research Minute

Who Rises to the Top? Early Indicators,” by Harrison J. Kell, David Lubinski, and Camilla P. Benbow, Psychological Science 24 (2013), 2013: 648–59.

Tomorrow, Michael Petrilli will be conducting a live chat with Kathleen Porter-Magee and Matt Chingos of Brookings on lessons learned (or not) since No Child Left Behind was enacted twelve years ago. (Tweet your questions to #NCLBchat.)

Just how long ago was 2002? We’re due for a little perspective.

In 2002…

 

Education reporters couldn’t contact Mike on Twitter or Facebook, but they could e-mail him on his AOL address.

 

Music fans went to Tower Records to buy their favorite CDs and most likely listened to Nickelback’s “How You Remind Me,” Nelly’s “Hot in Herre,” Enimem’s “Lose Yourself,” and Avril Lavigne's “Sk8er Boi.”

 

The tech savvy bought this new gadget called an “iPod.”

The Harry Potter trio still looked like this—and they were only on the second movie.

 

The Rock was still a wrestler.

 

Michelle Kwan was going for gold.

...

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Amber loses her marbles

In the first podcast of the year, Mike and Brickman discuss NCLB’s goal of universal proficiency, an error in D.C.’s IMPACT evaluation scores, and the correct pronunciation of Fariña. Amber is no good with marbles—but great at educating us about student mobility.

Amber's Research Minute

Reducing School Mobility: A Randomized Trial of a Relationship-Building Intervention,” by Jeremy E. Fiel, Anna R. Haskins and Ruth N. López Turley, American Educational Research Journal 50 (2013): 1188–1218.

Each State shall establish a timeline for adequate yearly progress. The timeline shall ensure that not later than 12 years after the end of the 2001–2002 school year, all students in each group described in subparagraph (C)(v) will meet or exceed the State’s proficient level of academic achievement

– No Child Left Behind Act of 2001, section 1111(2)(F)

Those of us who fail to heed the lessons of history are destined to repeat it. So let us take this moment, as we enter the New Year, to remember the hubris that caused reformers, policy elites, members of Congress, and the George W. Bush Administration to set the goal of attaining “universal proficiency” in reading and math by 2014.

The next time someone says that we must ensure that all students are college and career ready…remember “universal proficiency by 2014.”

The next time someone says that we must place a highly effective teacher in every classroom…remember “universal proficiency by 2014.”

The next time someone says that we must eradicate childhood poverty...remember “universal proficiency by 2014.”

***

No, we did not achieve universal proficiency by 2014. But that doesn’t mean that students haven’t benefited from the law and its associated reforms. Using results from the National Assessment of Educational Progress, let’s look at the NCLB generation—the first group of children who entered school after the law’s enactment. (These students are high school juniors today.)

In 2007, when these kids were fourth graders,

  • Reading scores for the lowest-performing students and for
  • ...
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As ESEA waivers change the school-accountability landscape, charter authorizers need to take the opportunity to rethink how we too can measure school progress. Ohio, as part of its Title I waiver, moved to an “A” to “F” rating system for schools, is implementing new standards and assessments, and is providing some flexibility around various reporting requirements. Ohio has also developed a new report card for schools that reports on—among other measures—AP/IB participation rates, student growth in multiple categories, gap closing, honors diplomas, industry credentials, and graduation rates. This revamp at the federal and state levels has, in turn, compelled us at Fordham to reconsider how we structure our own accountability plans for the eleven charter schools we authorize. This tension is captured in our recent report, Remodeled Report Cards, Remaining Challenges.

As per Ohio’s new school report card, the Buckeye State now deploys and reports on a slew of academic measures, including value-added scores for gifted students, students with disabilities, low-income students, and low-performing students. All are part of state accountability. Should they also be part of charter-to-authorizer accountability? Should we hold our charter schools to account for improving their performance on every measure that the state throws into its report card? When it comes to important authorizer decisions about schools—renewing their charters, putting them on probation, or letting them add grades or additional campuses, for example—what matters more: proficiency rates or growth? What about IB and AP passing rates? Graduation rates?

Looking at our authorized...

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The Education Department’s flurry of waivers from the No Child Left Behind accountability regime has changed the rules for states and profoundly altered how they identify schools for intervention. This report from the New America Foundation examines data from sixteen of the forty-two states that received waivers. It compares the number of Title I schools—typically poorer schools—that were in “improvement” status (i.e., required intervention) in these states’ last year under NCLB accountability (2011–12) and their first year under ESEA flexibility (2012–13). Across the sixteen states, analysts found that the number of schools in improvement fell by 34 percent. Some states had remarkable drops: Massachusetts, for example, identified 718 schools for improvement under NCLB (which was almost surely too many), while under its waiver it fingered just 162. Interestingly, though, five of the sixteen states bucked the trend, showing increases in the number of schools in improvement. Why? ESEA waivers have changed the method by which states identify their low-performing schools. States have moved from NCLB’s absolute standard (i.e., whether a school makes “Adequate Yearly Progress”) to a relative standard under ESEA flexibility (i.e., whether a school is in the bottom 15 percent of statewide performance). Many have also moved toward considering student growth over time as a significant factor in school ratings. The right approach to accountability—whether at a federal, state, and even at a charter-school-authorizer level—is far from settled. The report’s author writes that “identifying low-performing schools is the easy part, compared to actually improving them.” This...

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America’s approach to the education of children with disabilities is antiquated, costly, and ineffective. “Special education” as we know it is broken—and repainting the surface won’t repair it. It cries out for a radical overhaul. Far too many children emerge from our special-ed system without...

I’m halfway through an ambitious research project, in which I examine how other countries educate their high-ability kids in the hope that we might pick up tips that would prove useful in improving the woeful state of “gifted education” in the U.S. (In case you’ve forgotten what’s woeful about...

Occam’s Razor is the well-known principle that “among competing hypotheses, the hypothesis with the fewest assumptions should be selected.” Keep that in mind as various pundits hypothesize about why the U.S. scored below the international average in the...

For a decade, the nonprofit Institute for Innovation in Public Choice (IIPSC) has helped the cities of New York, Boston, Denver, and New Orleans bring order to the Wild West of school choice, using...

“Fewer, clearer, higher”: These were the words that guided the crafting of the Common Core State Standards. In concise and clear-eyed prose, the Alliance for Excellent Education’s Robert Rothman lays out exactly how the new standards could change...

When the Department of Education began offering No Child Left Behind waivers in 2011, states beat down the doors of 400 Maryland Avenue to obtain one. But did allowing states flexibility steer them towards better accountability systems? To answer this question, researchers Morgan Polikoff,...

When the Department of Education began offering No Child Left Behind waivers in 2011, states beat down the doors of 400 Maryland Avenue to obtain one. But did allowing states flexibility steer them towards better accountability systems? To answer this question, researchers Morgan Polikoff, Andrew McEachin, Stephani Wrabel, and Matthew Duque painstakingly reviewed and coded each waiver, looking, for instance, at whether they moved accountability systems toward “growth models” and away from “status models.”  Their findings? Let’s let Matthew di Carlo of the Shanker Institute give the sobering news. Out of forty-two states with accepted waiver applications,

17 exclusively use some version of proficiency or other cutpoint-based rates to identify priority schools. Another 23 employ a composite index consisting of different measures, but in most of these indexes, proficiency still plays the dominant role….So, put simply, the vast majority of states that have had their waiver applications accepted are still relying predominantly or completely on absolute performance, most commonly proficiency rates, to identify low-performing schools.

As Mike explained earlier this week, that’s a problem. And a missed opportunity.

SOURCE: Morgan S. Polikoff et al., “The Waive of the Future? School Accountability in the Waiver Era,” in press at Educational Researcher, 2013.

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Does school accountability boost students’ long-term prospects? That’s the question this new study by David Deming, Sarah Cohodes, Jennifer Jennings, and Christopher Jencks seeks to answer by examining the impact of accountability pressure in the Texas public high schools in the 1990s. (Jennings, you might recall, once assumed the moniker “Eduwonkette.”) Most agree that the series of tough policies that the Lone Star State instituted during this era, whereby school performance on state tests was made public and tied to various awards and sanctions, was the foundation of No Child Left Behind (NCLB). The system had several components: 1) Districts received accountability ratings based on their lowest rated schools, which was intended to pressure them to improve those schools; 2) schools were rated based on the percentage of students who received passing scores; 3) the overall rating was based in part on the lowest scoring subgroup, incentivizing school leaders to focus on the worst performing students; and 4) students were required to pass tenth-grade exams in math, reading, and writing in order to graduate. Because math pass rates were nearly always the stumbling block to underperforming schools obtaining a higher rating, how students performed on the tenth-grade math test can be considered a test of the influence of accountability. The analysts tracked five cohorts of first-time ninth-grade students from Spring 1995 to Spring 1999, comparing similar students within the same schools but across cohorts. The upshot: Schools at risk of receiving a low rating responded by increasing the math...

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