Friday, November 25, 2011

DUNCAN TO CALIFORNIA: NO WAY ON ‘RACE TO THE TOP’ - He gives Brown the big bird …or was it vice versa? + State's latest bid for Race to the Top funds fizzles

By John Fensterwald - Educated Guess   - TOP-Ed writer Kathy Baron co-wrote this post | http://bit.ly/rARXXK

Posted on 11/23/11 • In another cockfight between California and Washington over education, the U.S. Department of Education has rejected California’s application – and only California’s application – in the third round of Race to the Top. The denial exasperated the seven California school districts that led the state’s effort and were counting on $49 million earmarked for California as critical to do the work they had committed to do.

In a statement Wednesday, State Superintendent of Public Instruction Tom Torlakson and State Board of Education President Michael Kirst each criticized the federal government’s inflexibility in not accepting what they described as California’s “innovative” approach of giving control of the reforms to local school districts. Seven unified districts, including Los Angeles, Frenso, and Long Beach, formed a coalition known as CORE, the California Office to Reform Education, to compete for round three and work together on the reform.

Torlakson also said the federal government failed to scale back its expectations for Race to the Top reforms during this fiscal crisis. “I had hoped the federal Administration would be mindful of the financial emergency facing California’s schools and the severe constraints it has placed on state resources,” he said. (In the third round of RTTT, the federal government slashed the available funding from $3.4 billion to $200 million. For California, that reduced the potential award from as much as $700 million to $50 million.)

The federal government saw things differently. In a statement congratulating the other seven states in line for the money, federal officials said California “submitted an incomplete application.”

As we reported here on Tuesday, Kirst, Torlakson, and Gov. Brown, who is vacationing this week, submitted only a two-page letter to U.S. Education Secretary Arne Duncan that indicated that the state was fine with just the seven districts undertaking the reforms.

What state officials didn’t do was submit and sign the official short application, which, the Department ruled Wednesday, disqualified California.

Failure to sign wasn’t simply an oversight; it reflected a fundamental disagreement about what California was asked to commit to. In the second round of RTTT, the state had agreed to four broad areas of reform:

  • Implementing Common Core standards;
  • Building data systems to measure student growth and success in order to improve instruction;
  • Recruiting, training, and rewarding effective teachers and principals;
  • Turning around the lowest-achieving schools.

In being asked to reaffirm these reforms for round three, the state and CORE districts had very different interpretations. The districts believed that nothing had changed; they remained committed to the four reform areas agreed to in the second round. All that Brown and the others had to do was simply acknowledge that the Legislature hadn’t passed any laws reversing the commitments made in round two.

“It was a unique application that only committed participating districts to reforms,” said Rick Miller, executive director of CORE, which represents the districts.

Brown and Torlakson objected to making any statewide commitments dealing with teacher effectiveness and how to treat failing schools. They also didn’t want to be tied to explicit reforms approved by Gov. Schwarzenegger in the second round application. One in particular, strongly opposed by the California Teachers Association, would have committed the CORE districts to linking standardized test scores to teacher evaluations.

State Board President Kirst agreed with that interpretation. “The issue is not what the districts committed to but what the state was committed to,” said Kirst. “The second round application was slippery in terms of what was committed; it mixed up state and local roles.”

Kirst, Torlaskson, and Sue Burr, executive director of the State Board of Education, have had ongoing conversations with top federal education officials. As recently as this week Kirst spoke with Duncan and expressed his reservations.

The state’s interpretation baffled Fresno Unified Superintendent Mike Hanson, who said he thought the CORE districts had an understanding with the governor to submit the round three application. “I find it hard to believe that whatever gap existed in the end could not have been bridged by having representatives from Sacramento, D.C., and CORE sit down and talk it out,” said Hanson.

Fresno and the other six districts were going to use the federal money to prepare teachers to make the transition to Common Core and build local data systems to share information and their successes. They’ve been starting to do this work using some small foundation grants, but Hanson said the $49 million would have been “jet propulsion for us,” and the results would have been available for all districts in the state.

“We missed a big opportunity, probably the last opportunity” for a major federal grant, said Hanson.  “That money is now going to go to another state to help make those kids more competitive.”

 

State's latest bid for Race to the Top funds fizzles

By Valerie Gibbons - The Fresno Bee | http://bit.ly/rxKEwr

Wednesday, Nov. 23, 2011 | 08:55 PM - When does a four-page cover sheet cost $49 million? When it's part of California's application for the latest round of federal school improvement funding.

By signing the cover sheet, state officials would have been endorsing the establishment of statewide teacher evaluation methods – a commitment they would not make.

Federal education officials announced the state's bid for Race to the Top funds was denied Wednesday morning because its application was deemed to be "incomplete" by the U.S. Department of Education.

The money would have been used in seven school districts throughout the state to implement common math and English language standards, build a teacher assessment system and boost achievement at low-performing schools.

Education officials disagree on who is to blame for the scuttled application.

Students

FRESNO BEE FILE>>

California students have been hit with wave upon wave of cuts in education because of the state's budgetary woes. Getting $49 million in federal Race to the Top money would have been "an incredible boost," Fresno Unified Superintendent Michael Hanson said.

"The money was ours for the asking," said Fresno Unified Superintendent Michael Hanson. "One million students were left out in the cold, and it didn't have to be this way."

A large part of the $49 million was slated to go to Fresno Unified, which already uses some of its $584.2 million annual general fund to develop student assessment and evaluation systems.

Hanson is president of the California Office of Reform Education, the group of seven districts – Fresno, Clovis, Sanger, Long Beach, Los Angeles, Sacramento and San Francisco – that spearheaded the state's second unsuccessful Race to the Top application last year and lobbied state officials to apply for this latest round of funding.

Clovis and Sanger officials could not be reached for comment Wednesday.

Hanson said the application was a four-page cover sheet and a copy of the strategies outlined in the state's previous application.

CORE officials say the application was denied because the state didn't turn in the federally required cover sheet that pledges, among other things, to tie teacher evaluations to test scores and use statewide methods to turn around low-performing schools.

State officials say they couldn't sign the cover sheet because teacher evaluations and school performance strategies are determined at the local level. State Department of Education spokesman Paul Hefner said federal officials should have allowed California some flexibility in its application.

Hefner wouldn't comment on whether the state's reluctance to sign the four-page cover sheet stemmed from political pressure by the state's teachers union.

So instead of signing and returning the cover sheet that would have committed California to work toward federal goals, state leaders sent a two-page letter to the U.S. Department of Education that was signed by Gov. Jerry Brown, state Superintendent of Public Instruction Tom Torlakson and State Board of Education President Michael Kirst.

The letter assured federal officials that the state would move toward some of the federal requirements – adopting core standards in English and math and developing a statewide system to track student progress – but it stopped short of endorsing statewide teacher evaluation methods and strategies to turn around under-performing schools.

A spokesman for the California Teachers Association could not be reached for comment Wednesday.

Elizabeth Ashford, Brown's chief deputy press secretary, said the governor is away this week and referred all questions to the Department of Education.

Torlakson called the letter a "good faith effort" to apply for the federal money.

"I had hoped the federal administration would be mindful of the financial emergency facing California's schools and the severe constraints it has placed on state resources," he said in a statement.

Justin Hamilton, press secretary for the U.S. Department of Education, said the state's belief that its two-page letter was a suitable substitute for the application cover sheet was "incorrect." He said he was unable to elaborate.

Hanson said CORE will continue to work toward developing statewide student and teacher evaluation systems, with the help of $5 million from private foundations.

"But $49 million would've been an incredible boost to the work we're doing to try to improve our system," he said.

Thankfully: LAUSD DONATING FOOD KIDS WON’T EAT

By Melissa Pamer Staff Writer |Daily News/Daily Breeze |http://bit.ly/uI0GJo

Vanessa Day boxes up leftover lunch items at Gulf Avenue Elementary School as part of a new LAUSD program. The leftover meals and other items are donated to a food-for-the-needy program at Wilmington's Sts. Peter and Paul Church. (Brad Graverson Staff Photographer)

11/25/2011 06:48:51 AM PST  - Until this year, the leftovers from Los Angeles Unified student lunches - thousands of cartons of milk and many tons of food - were getting trashed each day because the school district was hampered by law from donating or sharing with hungry families.

Now that's changed, thanks to a policy shift backed by South Bay school board member Richard Vladovic. Dozens of charities are receiving excess food that now gets redistributed to those in need.

The district's new food donation program is slowly expanding. Last week, Wilmington's Gulf Avenue Elementary School began its partnership with nearby Sts. Peter and Paul Catholic Church - the low-income port community's only source of free food for the poor.

It will be a huge boost to the church's poverty program, which mostly serves struggling parents with children, coordinator Esperanza Angellano said. With the weak economy and job market, the church has seen a spike in the number of requests for help, she said.

"Sometimes we don't have anything to give. Yesterday, we went to Costco and we bought beans and rice to give away," Angellano said. "This will help."

Last week, Angellano and a team from the church stopped by the Gulf Avenue cafeteria to pick up three coolers filled with milk cartons and dozens of servings of tortellini with butternut squash, cooked chicken and bread sticks.

"Every day this was getting trashed, just thrown away," Principal David Kooper said.

"It's a waste," Angellano responded. "A lot of people are hungry."

The "Healthy Students, Healthy Families and Healthy Communities" board resolution was approved in April. It directs LAUSD officials to work with nonprofits to pick up leftover food at no cost to the district.

"It's the right thing to do. We want to do it," said David Binkle, deputy director of the district's Food Services Division.

As of last count, more than 125 schools were donating food, though few of them are in the South Bay or Harbor Area. Many of the schools are in the San Fernando Valley, with donations going to AIDS Project L.A. or Jewish Family Services.

Locally, in addition to Gulf Avenue, participating campuses include Peary Middle and Rancho Dominguez Preparatory in the Carson area, Gardena High, San Pedro High, and Normont Elementary and Narbonne High in Harbor City.

The Harbor City schools were some of the first to sign on, Vladovic said. They donate to the Normont Terrace Coordinating Council, the nonprofit affiliated with the redeveloped low-income housing project now called Harbor Village.

The Los Angeles Unified School District serves some 650,000 meals per day at 1,000 locations, Binkle said. About a tenth of that would go to waste without the new donation program. That's because of federal nutrition requirements that students take, for example, both a banana and a carton of milk when they may only want one of those.

School staff members may encourage students to return unopened food to a common table so that it will be donated.

Only packaged food that has not been opened may be given to nonprofits, which must apply and submit to a district review before they obtains donations. Under county code and state law, food must be kept at safe temperatures and picked up no more than 30 minutes after lunch. Leftovers have to be given to an approved nonprofit agency; food cannot be directly donated to families in need.

"Everybody's worried about being sued while they're all trying to help," Vladovic said. "All I was saying is: Let's have a good Samaritan law with food."

His office worked with that of county Supervisor Don Knabe to ensure the program complied with county public health codes.

Vladovic said the food donations will serve two purposes - helping feed needy families and identifying menu offerings that students do not prefer.

"What they don't like, give it to somebody who can use it," he added. "There are so many hungry people."

SCHOOL BOARD TRUSTEE BENNETT KAYSER OCCUPIES LAUSD

Silver Lake resident Kayser represents Los Angeles Unified School District 5, which includes Silver Lake and much of Echo Park. 

Opinion by Bennett Kayser in the Echo Park Patch | http://bit.ly/sARHok 

November 23, 2011 - I am an admitted sympathizer with the Occupy movement. Recently individuals set up tents on the sidewalk outside the school district headquarters.  I said to Peggy, my wife of 40 years, “Load up the Prius while I get the tent.”  Then it occurred to me, I had already taken the most important step to “Occupy LAUSD,"  I was successfully elected to be an educational leader at the Los Angeles Unified School District.  To the surprise of many, I defeated a better-funded opponent, giving me and others concerned with the fate of public education in our community great hope.

Everyday, I am working to support public education and the children of our community.  I am a warrior against the status quo.  We are in a battle against a well-funded opposition interested in privatizing education that has millions to spend promoting an Orwellian doublespeak that claims reform as their own and paints those who have actually worked in a classroom as defenders of the status quo.

Fellow activist Sue Peters of Seattle described the sorry situation we find ourselves in saying, “the status quo is currently a beleaguered, under-funded system…ravaged by damaging policies...pushed by those who want to privatize our public schools.”  I am for properly funding education, hiring the best teachers, and for serving all of the nation’s children; the poor, the recent immigrant, the advantaged and the disadvantaged. I am saying out loud that we have a great school system filled with caring adults who could do better if better supported.

All children deserve the education currently reserved for those who already have every opportunity.  My work will be done when every child can “choose” to attend a public neighborhood school that is funded as well as Phillips Exeter.  That will be real public school choice.

Our schools and teachers are targeted as those responsible for a society that is failing our children.  Nothing could be further from the truth.  I have never met a teacher who did not enter the profession with the single purpose of helping children.  Teachers are the warriors by my side giving their all for children. Yes, they are not all the best, but most of them want to be.

My fellow activist in New York, Leo Casey, has identified that 9 of the 10 billionaires on the Forbes’ list of the richest Americans are “engaged in active political warfare against public school teachers and teacher unions.”  They are joined by a host of financial players who, in a demonstration against any principle of accountability, brought the world’s economy to its knees and then profited again from a taxpayer-funded bailout.

While teachers and public employees are vilified for having retirement plans, bankers and CEO’s are receiving bonuses and income at the highest levels in history while we have a staggering unemployment rate and increasing child poverty. In 2007, the US Department of Education spent $14.8 billion on disadvantaged children, less than the net worth of school privatization proponents Bill Gates, Warren Buffet and Larry Ellison that year.

New Jersey activist Stan Karp put it best when he stated, “The same people and politicians who accept no accountability for having created the most unequal distribution of wealth in the history of the planet, an economy that threatens the health and well being of hundreds of millions, want to hold you (teachers) accountable” for student test scores.

Study after study indicates that poverty is the real problem creating educational inequity.  It is the dividing line of the “achievement gap”.  It explains the distance between suburban and urban achievement and the disparity between suburban and rural educational success and the difference in race and ethnicity.  Yet, even in the highest levels of LAUSD we have people saying, “poverty is not destiny”.  Well, poverty is sure an important factor.  As Karp says, “Saying poverty isn’t an excuse has become an excuse for ignoring poverty.”

As the Occupy movement forces are indicating, if the billionaires really want to do good, they would advocate for good paying jobs.  They would advocate for a retirement system that rewards those who have dedicated their lives to public service with an opportunity to step aside for the next generation to take their place.  Instead, they seek a villain as they advocate for raising class size, taking teachers away from children that need a hug and replacing teachers with “technology”.

They advocate for a rapid expansion of the yet to be proven turning over schools to unaccountable private organizations, the closing of “low performing” schools which face overwhelming difficulties; more testing; elimination of seniority and tenure which came into existence to protect teachers from mercurial political forces; and test-based teacher evaluations, which everyone acknowledges uses testing instruments in ways they were never designed.

If these so-called “reform” policies were enacted today, they would do little to close the achievement gap, nor increase the college-going rate, attendance, safety at schools, or raise parent engagement. We really know what to do, give parents jobs and put children into nurturing, rich academic environments and they will exceed all expectations.

  • The views here are only those of the author. Echo Park Patch editor Anthea Raymond does contribute an opinion piece from time-to-time, but those are clearly labeled with the heading "From the Editor."

Thursday, November 24, 2011

REFORM PROPOSALS ACCEPTED FOR WILSON AND NEW EAST L.A. HIGH SCHOOL: LAUSD will name middle school in honor of Julian Nava.

By Gloria Angelina Castillo, EGP Staff WriterBell Gardens Sun, City Terrace Comet, Commerce Comet, County of Los Angeles, ELA Brooklyn Belvedere Comet, Eastside Sun, General News, Mexican American Sun, Montebello Comet, Monterey Park Comet, Northeast Sun, Vernon Sun, Wyvernwood Chronicle

24 November 2011 - The Los Angeles Unified School District announced that 58 proposals have been accepted for 15 new and 10 existing schools that are currently being processed under the third round of the Public School Choice (PSC) reform initiative. The District this week also announced the list of new and existing campuses that will begin the same process next year, in PSC 4.0.

The reform approved in 2009 identifies chronic underperforming schools as well as new LAUSD campuses and makes them available for management by District or outside education based groups, such as teams of teachers, local district staff, charter management and non-profit organizations.

<< Dr. Julian Nava, pictured, will have a new high school named in his honor. The LAUSD Board of Education last week voted to name Central Region Middle School #7 the “Dr. Julian Nava Learning Academy.” Nava is a recognized prominent Latino leader and Boyle Heights native.

Selection is based on the group’s proposals to improve the school or set a strong instructional foundation for new schools.
Public School Choice 3.0 schools—some with more than one school on a campus—are scheduled to open in Aug. 2012.

In the Northeast and East Los Angeles area, the Hilda L. Solis Learning Academy and Woodrow Wilson High School are both undergoing reform.

Two proposals were accepted for the new Hilda Solis Learning Academy, previously referred to as East LA Star Academy. The high school will share facilities with an adult school. Applications were accepted from a United Teachers Los Angeles, UTLA, team for the “Hilda Solis Learning Academies,” and the “Hilda Solis Medical & Health Academy,” a proposal from Local District 5.

Woodrow Wilson High School in El Sereno received only one proposal. Principal Ursula C. Rosin leads the proposal by the school’s current staff.

Wilson is not unlike other schools in the area that have only received one applicant while undergoing the reform process. In fact, this is the second PSC cycle for the Hilda Solis Academy. Last year under PSC 2.0, the school’s sole applicant, a team from Local District 5, failed to win the school board’s approval, forcing it to undergo the process again.

When Luther Burbank Middle School in Highland Park underwent PSC reform, it too received only one proposal —from a team led by the former principal and teachers. That proposal was rejected, even after being revised. Burbank was reconstituted last year under the No Child Left Behind Act.

The applicant proposals will now undergo further review by the Superintendent’s Review Panel. LAUSD will seek feedback from students, parents, and the community at informational sessions to be held in December, after which Superintendent John Deasy will make his recommendation to the LAUSD School Board, which makes the final decision.

Deasy is expected to make his recommendations to LAUSD’s Board of Education in late February; the final board decision could take place in February or March 2012, according to LAUSD.

The timeline for PSC 3.0 was originally pending a collective bargaining agreement with UTLA, but no agreement has been reached, nor is one expected, Gayle Pollard-Terry told EGP.

The negotiations are related to the school board’s vote in August to give internal teams first consideration for new schools. Whether the internal applicants will be given first priority, despite the failure to reach a bargaining agreement, is still unclear, Pollard-Terry said.

On Tuesday, LAUSD announced the names of the 13 low-performing schools to be included in round four of the reform process. The list includes Franklin High School in Highland Park.

“The Public School Choice process is intended to accelerate lagging student achievement at these schools and provide additional opportunities for students to succeed academically,” said Deasy in a written statement.

To date, over 100 schools have been included in the PSC process, according to LAUSD.

In other news, the Board of Education on Nov. 15 named Central Region Middle School #7 the “Dr. Julian Nava Learning Academy.” Dr. Julian Nava was a United States Ambassador, and the first and only Latino elected to serve district wide on the Los Angeles Board of Education in 1967, according to LAUSD. Julian Nava is a product of LAUSD; he attended Breed Elementary, Hollenbeck Middle School and graduated from Roosevelt High School. The new campus named in his honor is located in South LA, bordering the City of Vernon, at 1420 E. Adams Blvd.

 

2cents smf: Note the word “accepted” does not indicate that the plans under PSC have been approved …they were accepted as in the meaning received.

Prior plans for Solis and Burbank MS  have been accepted only to be disapproved by the superintendent  and/or the board of education in what is a political (both in the meaning of according-to-policy and in the  politics-as-unusual meaning  (decidedly more of the second)  rather than a transparent democratic processThere are only 8 choosers in Public School Choice.

Wednesday, November 23, 2011

A BETTER FARE …or (smf’s 2¢) Taken for a Spin

by Tamar Galatzan in the Galatzan Gazette, The Online News Source for Tamar Galatzan's Board District 3 in the San Fernando Valley | http://bit.ly/s6PR04

Tuesday, November 15, 2011  -  They said it couldn’t be done -- two large bureaucracies, negotiating in the best interests of our children.

On Tuesday, the Los Angeles Unified School Board voted to approve a new contract with the MTA that will save the district nearly a half million dollars, with potentially greater savings in the future.

Two years ago, the School Board was asked to rubber stamp an annual $3 million contract with the MTA to purchase student bus passes for the 60,000 LAUSD students who ride MTA buses to school every day. The MTA charges LAUSD a reduced rate of $24 for a $72 monthly pass.

Many large metropolitan areas, like New York City, fully subsidize the fare of any student who takes public transportation to school. “Why not us?” I thought.

I was even more irked when I found out that some of our students—including foster, refugee, homeless and some special education students—could get steeper discounts purchasing bus passes directly from the MTA.  If those students applied to the MTA, they could buy monthly passes for just $18. Why couldn’t LAUSD qualify for the same discount those students could get on their own?

The district looked at setting up a non-profit to buy the cheaper passes. I talked to Mayor Antonio Villaraigosa, who sits on the board of the MTA and cares deeply about public education, and asked him to weigh in.  I lobbied MTA board members. Superintendent John Deasy wrote letters to the Mayor and the head of the MTA. And the school district brainstormed other ways to save money.

LAUSD and MTA staff began a series of meetings.

As a result, the MTA has agreed to charge the district $18 instead of $24 a month for low income students who qualify for the Rider Relief Program, as the special discount program is known. In addition, the district is working with LADOT to see if students can ride DASH buses, saving the district more cash. (56 schools could potentially use DASH.) Finally, the Mayor and Superintendent are continuing to work with the MTA to find additional discounts.

“There has been more movement in the last two months, than in the last two years,” said Donald Wilkes, Director of Transportation Services Division for LAUSD. “The next step, basically, is free.”

Free is where I want to be. But in my ongoing mission to cut unnecessary waste, I am proud of the work and cooperation by all who have worked to save the district at least $400,000. That money goes straight back into the general fund—towards what matters most: teachers and students.

-Tamar

 

2cents smf:  This is progress?

The result of “two large bureaucracies, negotiating in the best interests of our children” is to get the MTA to stop overcharging LAUSD and instead only charge the District the regular amount for Rider Relief transit passes?

$18 a student is not a discount – it’s what anyone and everyone is charged who qualifies for a Rider-Relief student Metro transit pass.  LAUSD buys 60,000 of them a month – pays for them with a single check - and they don’t get a discount?

  • After Ms. Galatzan lobbied MTA board members?
  • After Superintendent Deasy wrote letters to the Mayor and the head of the MTA?
  • After the school district brainstormed other ways to save money?
  • After LAUSD and MTA staff held a series of meetings?

Maybe LAUSD should get AARP to negotiate, seniors only pay $14 a month.

Tamar is right, in New York City student bus passes are free – it’s one of the reasons the New York City Schools can offer open enrollment at all their schools.

Public transit and museum admission in San Francisco is free for SFUSD students. The City/County government pays the subsidy.

If you check this document – which is laden with bureaucrat-think (If we had a public hearing in 2005 about fare increases [when we didn’t raise fares], we don’t need another in 2010 [when we did].) and some misstatements of fact (How much do they charge for a bus pass?) – you will see that Metro claims it costs them $2.39 per passenger-trip and they only get 44¢ from a student with one of these passes – which equals a 82% subsidy. (Seniors get a 93% subsidy)

Metro, like the schools, is not a business – it’s a public service. Breaking even is not the goal. Maybe the public would be better served with a 100% subsidy for students? Especially as it looks like all school bus transportation may end as a result of cuts this year*.

* How many new school buses did we buy last year? How much did that cost?

AB 165 + STUDENT FEE LITIGATION UPDATE

from EdLawConnect | http://bit.ly/tRcm9p

By Mark Bresee, Partner
and Cathie Fields, Senior Associate

Education Law Practice Group
Atkinson, Andelson, Loya, Ruud & Romo - Irvine Office

Tuesday, November 22, 2011After the initial publicity surrounding Governor Brown’s unexpected veto of the student fee legislation, AB 165, there was a bit of a lull in the media attention paid to the topic. Thankfully, though, the veto and some misinformation reported in the media immediately after − e.g., a blog post headline stating AB 165 was a bill “banning pay-for-play sports fees,” when such fees have been explicitly banned since 1984 − have not resulted in districts retreating from their efforts to address the issue and achieve 100% compliance.

The issue is emerging again: The CDE recently issued an updated guidance on fees, and a recent news report correctly noted the ACLU lawsuit against the State has now resumed.

To review briefly, the original September 2010 suit was filed against the State and the Governor. Then-Governor Schwarzenegger quickly entered into a proposed settlement, to be implemented through legislation that became AB 165. Upon taking office the Brown administration balked at the settlement, asserting that the Governor was not the correct target. When the judge in the case signaled his agreement, the settlement fell apart and an amended complaint was filed, naming as defendants the State, the California Department of Education (CDE), the Superintendent of Public Instruction (SPI), and the State Board of Education (SBE). All of those defendants have filed demurrers to the amended complaint, seeking dismissal of the suit. A hearing is scheduled for January 25, 2012. Some of the arguments in the demurrers remind us that the stakes for school districts and county offices remain high.

The demurrer filed by the State asserts it is not a necessary or proper party in the lawsuit, based on the separation of powers doctrine and because the suit names state officers and agencies with administrative functions. In arguing the State is not an “indispensable party” to the lawsuit, the demurrer does not mention individual school districts. The same is not true of the demurrer filed by the CDE, SPI and SBE, all represented by attorneys at the CDE. These state defendants contend that “not only does the [lawsuit] fail to allege any improper action on the part of the [state] defendants, it fails to allege what the . . . defendants should have done − and under what authority.” Running throughout the demurrer is the explicit assertion that the finger should be pointed at individual districts. These defendants assert that the State has no obligation to enforce the “free school guarantee,” and that “local school districts have the power and authority to cure the alleged problems.” Noting that Hartzell v. Connell was filed against an individual school district, and that decision did not assert the State is responsible for enforcement, they argue that the suit is “fundamentally about fees charged by those school districts” the plaintiffs attend and that the individual school districts are indispensable parties. This argument is consistent with the language and tenor of Governor Brown’s AB 165 veto message. (See our post on the veto here).

To state the obvious, the path this litigation will take and the ultimate impact on districts and county offices remain unpredictable. The plaintiffs, in opposing the demurrers, make a cogent and forceful argument that the individual school districts are not indispensable parties, asserting, “This case is about the State’s duty to intervene when violations of students’ fundamental educational rights occur, and school districts are not indispensable to an action focused exclusively on the scope of the state’s constitutional duties and the form of relief available against the State and its agencies.” However, if this argument is accepted by the court, it simply begs the question what state intervention and enforcement would look like.

Another possibility, perhaps remote, is the Williams example. The complaint in that case identified plaintiffs in eighteen school districts, and the response of the state defendants was to file a cross-complaint against all eighteen of those districts, asserting that “the State of California has a direct interest in ensuring” the districts comply with the law, and that “if plaintiffs are correct” it is the districts that have “violated [their] duties and obligations under applicable statutes and regulations.”

Perhaps the only safe prediction, regardless of how the litigation unfolds, is that the eyes of the ACLU, the State, the Governor, and the citizen watchdogs will remain focused on local district and county office practices.

Tuesday, November 22, 2011

HOW ONLINE LEARNING COMPANIES BOUGHT AMERICA’S SCHOOLS

 

by Lee Fang |  The Nation. | http://bit.ly/vWuIgn


November 16, 2011 - If the national movement to “reform” public education through vouchers, charters and privatization has a laboratory, it is Florida. It was one of the first states to undertake a program of “virtual schools”—charters operated online, with teachers instructing students over the Internet—as well as one of the first to use vouchers to channel taxpayer money to charter schools run by for-profits.

Educational Reform Map

INTERACTIVE: The Privatization of Education [Click to View] >>

But as recently as last year, the radical change envisioned by school reformers still seemed far off, even there. With some of the movement’s cherished ideas on the table, Florida Republicans, once known for championing extreme education laws, seemed to recoil from the fight. SB 2262, a bill to allow the creation of private virtual charters, vastly expanding the Florida Virtual School program, languished and died in committee. Charlie Crist, then the Republican governor, vetoed a bill to eliminate teacher tenure. The move, seen as a political offering to the teachers unions, disheartened privatization reform advocates. At one point, the GOP’s budget proposal even suggested a cut for state aid going to virtual school programs.

Lamenting this series of defeats, Patricia Levesque, a top adviser to former Governor Jeb Bush, spoke to fellow reformers at a retreat in October 2010. Levesque noted that reform efforts had failed because the opposition had time to organize. Next year, Levesque advised, reformers should “spread” the unions thin “by playing offense” with decoy legislation. Levesque said she planned to sponsor a series of statewide reforms, like allowing taxpayer dollars to go to religious schools by overturning the so-called Blaine Amendment, “even if it doesn’t pass…to keep them busy on that front.” She also advised paycheck protection, a unionbusting scheme, as well as a state-provided insurance program to encourage teachers to leave the union and a transparency law to force teachers unions to show additional information to the public. Needling the labor unions with all these bills, Levesque said, allows certain charter bills to fly “under the radar.”

If Levesque’s blunt advice sounds like that of a veteran lobbyist, that’s because she is one. Levesque runs a Tallahassee-based firm called Meridian Strategies LLC, which lobbies on behalf of a number of education-technology companies. She is a leader of a coalition of government officials, academics and virtual school sector companies pushing new education laws that could benefit them.

But Levesque wasn’t delivering her hardball advice to her lobbying clients. She was giving it to a group of education philanthropists at a conference sponsored by notable charities like the Bill and Melinda Gates Foundation and the Michael and Susan Dell Foundation. Indeed, Levesque serves at the helm of two education charities, the Foundation for Excellence in Education, a national organization, and the Foundation for Florida’s Future, a state-specific nonprofit, both of which are chaired by Jeb Bush. A press release from her national group says that it fights to “advance policies that will create a high quality digital learning environment.”

Despite the clear conflict of interest between her lobbying clients and her philanthropic goals, Levesque and her team have led a quiet but astonishing national transformation. Lobbyists like Levesque have made 2011 the year of virtual education reform, at last achieving sweeping legislative success by combining the financial firepower of their corporate clients with the seeming legitimacy of privatization-minded school-reform think tanks and foundations. Thanks to this synergistic pairing, policies designed to boost the bottom lines of education-technology companies are cast as mere attempts to improve education through technological enhancements, prompting little public debate or opposition. In addition to Florida, twelve states have expanded virtual school programs or online course requirements this year. This legislative juggernaut has coincided with a gold rush of investors clamoring to get a piece of the K-12 education market. It’s big business, and getting bigger: One study estimated that revenues from the K-12 online learning industry will grow by 43 percent between 2010 and 2015, with revenues reaching $24.4 billion.

In Florida, only fourteen months after Crist handed a major victory to teachers unions, a new governor, Rick Scott, signed a radical bill that could have the effect of replacing hundreds of teachers with computer avatars. Scott, a favorite of the Tea Party, appointed Levesque as one of his education advisers. His education law expanded the Florida Virtual School to grades K-5, authorized the spending of public funds on new for-profit virtual schools and created a requirement that all high school students take at least one online course before graduation.

“I’ve never seen it like this in ten years,” remarked Ron Packard, CEO of virtual education powerhouse K12 Inc., on a conference call in February. “It’s almost like someone flipped a switch overnight and so many states now are considering either allowing us to open private virtual schools” or lifting the cap on the number of students who can use vouchers to attend K12 Inc.’s schools. Listening to a K12 Inc. investor call, one could mistake it for a presidential campaign strategy session, as excited analysts read down a list of states and predict future victories.

Good for Business; Kids Not So Much

While most education reform advocates cloak their goals in the rhetoric of “putting children first,” the conceit was less evident at a conference in Scottsdale, Arizona, earlier this year.

Standing at the lectern of Arizona State University’s SkySong conference center in April, investment banker Michael Moe exuded confidence as he kicked off his second annual confab of education startup companies and venture capitalists. A press packet cited reports that rapid changes in education could unlock “immense potential for entrepreneurs.” “This education issue,” Moe declared, “there’s not a bigger problem or bigger opportunity in my estimation.”

Moe has worked for almost fifteen years at converting the K-12 education system into a cash cow for Wall Street. A veteran of Lehman Brothers and Merrill Lynch, he now leads an investment group that specializes in raising money for businesses looking to tap into more than $1 trillion in taxpayer money spent annually on primary education. His consortium of wealth management and consulting firms, called Global Silicon Valley Partners, helped K12 Inc. go public and has advised a number of other education companies in finding capital.

Moe’s conference marked a watershed moment in school privatization. His first “Education Innovation Summit,” held last year, attracted about 370 people and fifty-five presenting companies. This year, his conference hosted more than 560 people and 100 companies, and featured luminaries like former DC Mayor Adrian Fenty and former New York City schools chancellor Joel Klein, now an education executive at News Corporation, a recent high-powered entrant into the for-profit education field. Klein is just one of many former school officials to cash out. Fenty now consults for Rosetta Stone, a language company seeking to expand into the growing K-12 market.

As Moe ticked through the various reasons education is the next big “undercapitalized” sector of the economy, like healthcare in the 1990s, he also read through a list of notable venture investment firms that recently completed deals relating to the education-technology sector, including Sequoia and Benchmark Capital. Kleiner Perkins, a major venture capital firm and one of the first to back Amazon.com and Google, is now investing in education technology, Moe noted.

The press release for Moe’s education summit promised attendees a chance to meet a set of experts who have “cracked the code” in overcoming “systemic resistance to change.” Fenty, still recovering from his loss in the DC Democratic primary, urged attendees to stand up to the teachers union “bully.” Jonathan Hage, CEO of Charter Schools USA, likened the conflict to war, according to a summary posted on the conference website. “There’s an air game,” said Hage, “but there’s also a ground game going on.” “Investors are going to have to support” candidates and “push back against the pushback.” Carlos Watson, a former cable news host now working as an investment banker for Goldman Sachs specializing in for-profit education, guided a conversation dedicated simply to the politics of reform.

Sponsors of the event ranged from various education reform groups funded by hedge-fund managers, like the nonprofit Education Reform Now, to ABS Capital, a private equity firm with a stake in education-technology companies like Teachscape. At smaller breakout sessions, education enterprises made their pitches to potential investors.

Another sponsor, a group called School Choice Week, was launched last year as a public relations gimmick to take advantage of the opportunity for rapid education reforms. Although it is billed as a network of students and parents, School Choice Week is one of the many corporate-funded tactics to press virtual school reforms. The first School Choice Week campaign push earlier this year featured highly produced press packets, sample letters to the editor, a sign in Times Square and rallies for virtual and charter schools organized with help from the Koch brothers’ Americans for Prosperity. The blitz got positive press coverage, providing “grassroots” cover for newly elected politicians who made school privatization their first priority.

A combination of factors has made this year what Moe calls an “inflection point” in the march toward public school privatization. For one thing, recession-induced fiscal crises and austerity have pressured states to cut spending. In some cases, as in Florida, where educating students at the Florida Virtual School costs nearly $2,500 less than at traditional schools, such reform has been sold as a budget fix. At the same time, the privatization push has gone hand in hand with the ratcheting up of attacks on teachers unions by partisan groups, like Karl Rove’s American Crossroads and Americans for Prosperity, seeking to weaken the union-backed Democrats in the 2012 election. All of this has set the stage for education industry lobbyists to achieve an unprecedented expansion in for-profit elementary through high school education.

From Idaho to Indiana to Florida, recently passed laws will radically reshape the face of education in America, shifting the responsibility of teaching generations of Americans to online education businesses, many of which have poor or nonexistent track records. The rush to privatize education will also turn tens of thousands of students into guinea pigs in a national experiment in virtual learning—a relatively new idea that allows for-profit companies to administer public schools completely online, with no brick-and-mortar classrooms or traditional teachers.

* * *

Like many “education entrepreneurs,” Moe remains a player in the education reform movement, pushing policies that have the potential to benefit his clients. In addition to advising prominent politicians like Senator John McCain, Moe is a board member of the Center for Education Reform, a pro-privatization think tank that issues policy papers and ads to influence the debate. Earlier this year, the group dropped $70,000 on an ad campaign in Pennsylvania comparing those who oppose a new measure to expand vouchers to segregationist Alabama Governor George Wallace, who blocked African-American children from entering white schools.

Moe isn’t the only member of the Center for Education Reform with a profound conflict of interest. CER president Jeanne Allen doubles as the head of TAC Public Affairs, a government relations firm that has represented several top education for-profits. Allen, whose clients have included Kaplan Education and Charter Schools USA, served as transition adviser to Pennsylvania Governor Tom Corbett on education reform.

Corbett, a Republican who rode the Tea Party election wave in 2010, supports a major voucher expansion that is working its way through the state legislature. The expansion would be a windfall for companies like K12 Inc., which currently operates one Pennsylvania school under the limited charter law on the books. According to disclosures reported in Business Week, Pennsylvania’s Agora Cyber Charter School—K12 Inc.’s online school, which allows students to take all their courses at home using a computer—generated $31.6 million for K12 Inc. in the past academic year.

Thirteen other states have enacted laws to expand or initiate so-called school choice programs this year. Indiana Governor Mitch Daniels has pushed the hardest, enacting a law that removes the cap on the number of charter schools in his state, authorizes all universities to register charters and expands an existing voucher program in the state for students to attend private and charter schools (in some cases managed by for-profit companies). Critics note that Daniels’s law allows public money to flow to religious institutions as well. Twenty-seven other states, in addition to Pennsylvania, have voucher expansion laws pending. And states like Florida are embracing tech-friendly education reform to require that students take online courses to graduate. In Idaho this November, the state board of education approved a controversial plan to require at least two online courses for graduation.

“We think that’s so important because every student, regardless of what they do after high school, they’ll be learning online,” said Tom Vander Ark, a prominent online education advocate, on a recently distributed video urging the adoption of online course requirements. Vander Ark, a former executive director of education at the influential Bill and Melinda Gates Foundation, now lobbies all over the country for the online course requirement. Like Moe, he keeps one foot in the philanthropic world and another in business. He sits on the board of advisors of Democrats for Education Reform and is partner to an education-tech venture capital company, Learn Capital. Learn Capital counts AdvancePath Academics, which offers online coursework for students at risk of dropping out, as part of its investment portfolio. When Vander Ark touts online course requirements, it is difficult to discern whether he is selling a product that could benefit his investments or genuinely believes in the virtue of the idea.

To be sure, some online programs have potential and are necessary in areas where traditional resources aren’t available. For instance, online AP classes serve rural communities without access to qualified teachers, and there are promising efforts to create programs that adapt to the needs of students with special learning requirements. But by and large, there is no evidence that these technological innovations merit the public resources flowing their way. Indeed, many such programs appear to be failing the students they serve.

A recent study of virtual schools in Pennsylvania conducted by the Center for Research on Education Outcomes at Stanford University revealed that students in online schools performed significantly worse than their traditional counterparts. Another study, from the University of Colorado in December 2010, found that only 30 percent of virtual schools run by for-profit organizations met the minimum progress standards outlined by No Child Left Behind, compared with 54.9 percent of brick-and-mortar schools. For White Hat Management, the politically connected Ohio for-profit operating both traditional and virtual charter schools, the success rate under NCLB was a mere 2 percent, while for schools run by K12 Inc., it was 25 percent. A major review by the Education Department found that policy reforms embracing online courses “lack scientific evidence” of their effectiveness.

“Why are our legislators rushing to jump off the cliff of cyber charter schools when the best available evidence produced by independent analysts show that such schools will be unsuccessful?” asked Ed Fuller, an education researcher at Pennsylvania State University, on his blog.

The frenzy to privatize America’s K-12 education system, under the banner of high-tech progress and cost-saving efficiency, speaks to the stunning success of a public relations and lobbying campaign by industry, particularly tech companies. Because of their campaign spending, education-tech interests are major players in elections. In 2010, K12 Inc. spent lavishly in key races across the country, including a last-minute donation of $25,000 to Idahoans for Choice in Education, a political action committee supporting Tom Luna, a self-styled Tea Party school superintendent running for re-election. Since 2004, K12 Inc. alone has spent nearly $500,000 in state-level direct campaign contributions, according to the National Institute on Money in State Politics. David Brennan, Chairman of White Hat Management, became the second-biggest Ohio GOP donor, with more than $4.2 million in contributions in the past decade.

The Alliance for School Choice, a national education reform group, set up PACs in several states to elect state lawmakers. According to Wisconsin Democracy Campaign, American Federation for Children spent $500,000 in media in the lead-up to Wisconsin’s recall elections. AFC shares leaders, donors, and a street address with ASC. Bill Oberndorf, one of the main donors to the group, had been associated with Voyager Learning, an online education company, for years. A few months ago, Cambium Learning, the parent company of Voyager, paid Oberndorf’s investment firm $4.9 million to buy back Oberndorf’s stock. Cambium currently offers a fleet of supplemental education tools for school districts. With the recent acquisition of Class.com, a smaller online learning business, the company announced its entry into the virtual charter school and online course market.

Allies of the Right

Lobbyists for virtual school companies have also embedded themselves in the conservative infrastructure. The International Association for Online Learning (iNACOL), the trade association for EdisonLearning, Connections Academy, K12 Inc., American Virtual Academy, Apex Learning and other leading virtual education companies, is a case in point. A former Bush appointee at the Education Department, iNACOL president Susan Patrick traverses right-leaning think tanks spreading the gospel of virtual schools. In the past year, she has addressed the Atlas Economic Research Foundation, a group dedicated to setting up laissez-faire nonprofits all over the world, as well as the American Enterprise Institute in Washington.

Two pivotal conservative organizations have helped Patrick in her campaigns for virtual schools: the American Legislative Exchange Council and the State Policy Network. SPN nurtures and establishes state-based policy and communication nonprofits with a right-wing bent. ALEC, the thirty-eight-year-old conservative nonprofit, similarly coordinates a fifty-state strategy for right-wing policy. Special task forces composed of corporate lobbyists and state lawmakers write “template” legislation [see John Nichols, “ALEC Exposed,” August 1/8]. Since 2005, ALEC has offered a template law called “The Virtual Public Schools Act” to introduce online education. Mickey Revenaugh, an executive at virtual-school powerhouse Connections Learning, co-chairs the education policy–writing department of ALEC.

At SPN’s annual conference in Cleveland last year, held two months before the midterm elections, the think tank network adopted a new push for education reform, specifically embracing online technology and expanding vouchers. Patrick opened the event and led a session about virtual schools with Anthony Kim, president of the virtual-school business Education Elements.

SPN has faced accusations before that it is little more than a coin-operated front for corporations. For instance, SPN and its affiliates receive money from polluters, including infamous petrochemical giant Koch Industries, allegedly in exchange for aggressive promotion of climate denial theories. But SPN’s conference had less to do with policy than with tactics. Kyle Olson, a Republican operative infamous in Michigan and other states for his confrontational attacks on unionized teachers, gave a presentation on labor reform in K-12 education. Stanford Swim, heir to a Utah-based investment fortune and head of a traditional-values foundation, ran a workshop at the conference on creating viral videos to advance the cause. He said policy papers wouldn’t work. Tell your scholars, “Sorry, this isn’t a white paper,” Swim advised. “You gotta go there,” he continued, “and it’s because that’s where the audience is.” “If it’s vulgar, so what?” he added.

Since the conference, SPN’s state affiliates have taken a lead role in pushing virtual schools. Several of its state-based affiliates, like the Buckeye Institute in Ohio, set up websites claiming that unions—the only real opposition to ending collective bargaining and the expansion of charter school reforms—led to overpaid teachers and budget deficits. In Wisconsin, the MacIver Institute’s “news crew” laid the groundwork for Governor Walker’s assault on collective bargaining by creating news reports denouncing protesters and promoting the governor. In March, while busting the teachers unions in his state, Walker lifted the cap on virtual schools and removed the program’s income requirements.

State Representative Robin Vos, the Wisconsin state chair for ALEC, sponsored the bill codifying Walker’s radical expansion of online, for-profit schools. Vos’s bill not only lifts the cap but also makes new, for-profit virtual charters easier to establish. As the Center for Media and Democracy, a Madison-based liberal watchdog, notes, the bill closely resembles legislative templates put forward by ALEC.

Although SPN’s unique contribution to the debate has been clever web videos and online smear sites, the group’s affiliates have also continued the traditional approach of policy papers. In Washington State, the Freedom Foundation published “Online Learning 101: A Guide to Virtual Public Education in Washington”; Nebraska’s Platte Institute released “The Vital Need for Virtual Schools in Nebraska”; and the Sutherland Institute, a Utah-based SPN affiliate, equipped lawmakers with a guide called “Thinking Outside the Building: Online Education.” SPN think tanks in Maine, Maryland and other states have pressed virtual school reforms. Patrick visited SPN state groups and gave pep talks about how to sell the issue to lawmakers.

Meanwhile, ALEC has continued to slip laws written by education-tech lobbyists onto the books. In Tennessee, Republican State Representative Harry Brooks didn’t even bother changing the name of ALEC’s Virtual Public Schools Act before introducing it as his own legislation. Asked by the Knoxville News Sentinel’s Tom Humphrey where he got the idea for the bill, Brooks readily admitted that a K12 Inc. lobbyist helped him draft it. Governor Bill Haslam signed Brooks’s bill into law in May. The statute allows parents to apply nearly every dollar the state typically spends per pupil, almost $6,000 in most areas, to virtual charter schools, as long as they are authorized by the state.

SPN’s fall 2010 conference featured the man perhaps happiest with the explosion in virtual education: Jeb Bush. “I have a confession to make,” he said with grin. “I am a real policy geek, and this is like the epicenter of geekdom.” Bush shared his experiences initiating some of the nation’s first for-profit and virtual charter school reforms as the governor of Florida, acknowledging his policy ideas came from some in the room. (The local SPN affiliate in Tallahassee is the James Madison Institute.)

Bush: Man Behind the Virtual Curtain

Jeb Bush campaigned vigorously in 2010 to expand such reforms, with tremendous success. About a month after the election, he unveiled his road map for implementing a far-reaching ten-point agenda for virtual schools and online coursework. Former West Virginia Governor Bob Wise, a Democrat, has barnstormed the country to encourage lawmakers to adopt Bush’s plan, which calls for the permanent financing of education-technology reforms, among other changes. In one promotional video, Wise says it is “not only about the content” of the online courses but the “process” of students becoming acquainted with learning on the Internet.

The key pillar of Bush’s plan is to make sure virtual education isn’t just a new option for taxpayer money but a requirement. And several states, like Florida, have already adopted online course requirements. As Idaho Republicans faced a public referendum on their online course requirement rule last summer, Bush arrived in the state to show his support. “Implemented right, you’re going to see rising student achievement,” said Bush, praising Idaho Governor Butch Otter and school superintendent Tom Luna, who was elected with campaign donations from the online-education industry. Bush also claimed that making high school students take online classes would “put Idaho on the map” as a “digital revolution takes hold.” Bush was in Michigan in June to testify for Governor Rick Snyder’s suite of education reform ideas, which include uncapped expansion of virtual schools, and he was back in the state in July to continue to press for reforms.

In August, at ALEC’s annual conference in New Orleans, the education task force officially adopted Bush’s ten elements agenda. Mickey Revenaugh, the virtual school executive overseeing the committee, presided over the vote endorsing the measure. But when does Bush’s advocacy, typically reported in the press as the work of a former governor with education experience advising the new crop of Republicans, cross the threshold into corporate lobbying?

The nonprofit behind this digital push, Bush’s Foundation for Excellence in Education, is funded by online learning companies: K12 Inc., Pearson (which recently bought Connections Education), Apex Learning (a for-profit online education company launched by Microsoft co-founder Paul Allen), Microsoft and McGraw-Hill Education among others. The advisory board for Bush’s ten digital elements agenda reads like a Who’s Who of education-technology executives, reformers, bureaucrats and lobbyists, including Michael Stanton, senior vice president for corporate affairs at Blackboard; Karen Cator, director of technology for the Education Department; Jaime Casap, a Google executive in charge of business development for the company’s K-12 division; Shafeen Charania, who until recently served as marketing director of Microsoft’s education products department; and Bob Moore, a Dell executive in charge of “facilitating growth” of the computer company’s K-12 education practice.

Like other digital reform advocates, the Bush nonprofit is also supported by Microsoft founder Bill Gates’s foundation. The fact that a nonprofit that receives funding from both the Gates Foundation and Microsoft pressures states to adopt for-profit education reforms may raise red flags with some in the philanthropy community, as Microsoft, too, has moved into the education field. The company has tapped into the K-12 privatization expansion by supplying a range of products, from traditional Windows programs to servers and online coursework platforms. It also contracts with Florida Virtual School to provide cloud computer solutions. Similarly, Dell is seeking new opportunities in the K-12 market for its range of desktop products, while the Michael and Susan Dell Foundation, the charitable nonprofit founded by Dell’s CEO, promotes neoliberal education reforms.

Through Bush, education-technology companies have found a shortcut to encourage states to adopt e-learning reforms. Take his yearly National Summit on Education Reform, sponsored by the Foundation for Excellence in Education.

At the most recent summit, held in San Francisco in mid-October, a group of more than 200 state legislators and state education department officials huddled in a ballroom over education-technology strategy. Rich Crandall, a state senator from Arizona, said to hearty applause that he had developed a local think tank to support the virtual school reforms he helped usher into law. Toward the end of the discussion, Vander Ark, acting as an emcee, walked around the room acknowledging lawmakers who had recently passed pro–education tech laws this year. He handed the microphone to Kelli Stargel, a state representative from Florida, who stood up and boasted of creating “virtual charter schools, so we can have innovation in our state.”

Throughout the day, lawmakers mingled with education-technology lobbyists from leading firms, like Apex Learning and K12 Inc. Some of the distance learning reforms were taught in breakout sessions, like one called “Don’t Let a Financial Crisis Go to Waste,” an hourlong event that encouraged lawmakers to use virtual schools as a budget-cutting measure. Mandy Clark, a staffer with Bush’s foundation, walked around handing out business cards, offering to e-mail sample legislation to legislators.

The lobbying was evident to anyone there. But for some of those present, Bush didn’t go far enough. David Byer, a senior manager with Apple in charge of developing education business for the company, groaned and leaned over to another attendee sitting at the edge of the room after a lunch session. “You have this many people together, why can’t you say, ‘Here are the ten elements, here are some sample bills’?” said Byer to David Stevenson, who nodded in agreement. Stevenson is a vice president of News Corporation’s education subsidiary, Wireless Generation, an education-technology firm that specializes in assessment tools. It was just a year ago that News Corp. announced its intention to enter the for-profit K-12 education industry, which Rupert Murdoch called “a $500 billion sector in the US alone that is waiting desperately to be transformed.”

As attendees stood up to leave the hall, the phalanx of lobbyists surrounding the room converged, buttonholing legislators and school officials. On a floor above the main hall, an expo center had been set up, with companies like McGraw-Hill, Connections Academy, K12 Inc., proud sponsors of the event, providing information on how to work with politicians to make education technology a reality.

Patricia Levesque, a Bush staffer speaking at the summit and the former governor’s right hand when it comes to education reform, does not draw a direct salary from Bush’s nonprofit despite the fact that she is listed as its executive director, and tax disclosures show that she spends about fifty hours a week at the organization. Instead, her lobbying firm, Meridian Strategies, supplies her income. The Foundation for Florida’s Future, another Bush nonprofit, contracts with Meridian, as do online technology companies like IQ-ity Innovation, which paid her up to $20,000 for lobbying services at the beginning of this year. The unorthodox arrangement allows donors to Bush’s group to avoid registering actual lobbyists while using operatives like Levesque to influence legislators and governors on education technology.

Levesque’s contract with IQ-ity raises questions about Bush’s foundation work. As Mother Jones recently reported, the founder of IQ-ity, William Lager, also founded an education company with a poor track record. Lager’s other education firm, Electronic Classroom of Tomorrow, is the largest provider of virtual schools in Ohio. ECOT schools have consistently underperformed; though the company serves more than 10,000 children, its graduation rate has never broken 40 percent. The company was fined for billing the state to serve more than 2,000 students in one month, when only seven children logged on during the same time period. Nevertheless, after Levesque spent at least two years as a registered lobbyist for Lager’s firm, Bush traveled to Ohio to give the commencement speech for ECOT. “ECOT proves a glimpse into what’s possible,” Bush said with pride, “by harnessing the power of technology.”

* * *

Levesque is no ordinary lobbyist. She is credited with encouraging the type of bare-knuckle politics now common in the wider education-reform movement. In an audio file obtained by The Nation, she and infamous anti-union consultant Richard Berman outlined a strategy in October 2010 for sweeping the nation with education reforms. The two spoke at the Philanthropy Roundtable, a get-together of major right-wing foundations. Lori Fey, a representative of the Michael Dell Foundation, moderated the panel discussion.

Rather than “intellectualize ourselves into the [education reform] debate…is there a way that we can get into it at an emotional level?” Berman asked. “Emotions will stay with people longer than concepts.” He then answered his own question: “We need to hit on fear and anger. Because fear and anger stays with people longer. And how you get the fear and anger is by reframing the problem.” Berman’s glossy ads, which have run in Washington, DC, and New Jersey, portray teachers unions as schoolyard bullies. One spot even seems to compare teachers to child abusers. Although Berman does not reveal his donors, he made clear in his talk that the foundations in the room were supporting his campaign.

Levesque ended the strategy discussion with a larger strategic question. She pointed to the example of Facebook founder Mark Zuckerberg donating $100 million to Newark schools. She then asked the crowd to imagine instead raising $100 million for political races where we “could sway a couple of seats to have more education reform.” “Just shifting a little bit of your focus,” she added, noting that new politicians could have a greater impact.

Levesque’s ask has become reality. According to author Steven Brill, ex–DC school chancellor Michelle Rhee’s new group, StudentsFirst, raised $100 million within a few months of Levesque’s remarks. Rhee’s donors include Rupert Murdoch, philanthropist Eli Broad and Home Depot founder Ken Langone. Rhee’s group has pledged to spend more than $1 billion to bring for-profit schools, including virtual education, to the entire country by electing reform-friendly candidates and hiring top-notch state lobbyists.

A day before he opened his education reform conference to the media recently, Bush hosted another education meeting. This event, a private affair in the Palace Hotel, was a reconvening of investors and strategists to plan the next leg of the privatization campaign. Michael Moe, Susan Patrick, Tom Vander Ark and other major players were invited. I waited outside the event, trying to get what information I could. I asked Mayor Fenty how I could get in. “Just crash in, come on in,” he laughed, adding, “so what company are you with?” When he learned that I was a reporter, he shook his head. “Oh, nah, you’re not welcome, then.”

An invitation had billed the exclusive gathering as a chance for “philanthropists and venture capitalists” to figure out how to “leverage each other’s strengths”—a concise way to describe how for-profit virtual school companies are using philanthropy as a Trojan horse.

U P D A T E D: PSC v.3.0: “AND THE APPLICANTS ARE”

smf: LAUSD emailed this press release, dated 11/21 but created 11/22 on Tue, Nov 22, 2011 9:54 am

image image image image

PSC v.3.0: “AND THE APPLICANTS ARE…”

No outside groups apply to run South Bay and Harbor Area LAUSD schools up for bid

By Melissa Pamer, Daily Breeze Staff Writer | http://bit.ly/v1brnY

11/21/2011 06:07:18 PM PST  = Once again, no outside groups have applied to run Los Angeles Unified campuses in the South Bay and Harbor Area that are up for bid by nonprofit and charter management groups.

The school district on Monday released a list of applicants to run 25 new and academically troubled campuses that are a part of the third iteration of the district's controversial Public School Choice process.

Carson High School attracted applications from three groups - all internal. The Local District 8 office applied, as did two teacher groups that hope to run "pilot" schools within the larger high school.

The new Harry Bridges Span School, a K-8 campus set to open in August in Wilmington, attracted only the interest of Local District 8.

Central Region Elementary School No. 22, under construction in Playa Vista and also set to commence classes next year, was removed from the list of Public School Choice 3.0 campuses in May. That decision came at the direction of the Board of Education because the school will draw students from existing campuses that score above the state goal of 800 on the Academic Performance Index.

In previous rounds of Public School Choice, few local campuses drew applicants from charter organizations.

The district received 58 applications for the schools listed in this round. For more information, go to http://publicschoolchoice.lausd.net.

 

●●smf notes:

“The school district on Monday released a list of applicants…”

To whom?

As of this posting – Tuesday morning – there is no “more information” on the PSC or LAUSD OFFICE OF (lack of) COMMUNICATIONS & MEDIA RELATIONS web sites and no other press outlet has picked up the story.

Student Journalism – VIEWPOINT: HOW SAFE IS OUR SCHOOL?

 

By Kauai Taylor News & Features  Editor | Westchester HS Comet / from MyHSJ | http://bit.ly/vfM0eW

Sunday, November 20, 2011  - How safe are our schools? Everyday you hear stories about young girls that are brutally stabbed by their jealous boyfriends, kids who bring guns to school because they have been bullied for years and they finally wanted it to stop, and teachers who have sexual relations with their students. Our parents send us to school every morning thinking that they are leaving their kids in a safe environment, but maybe these “safe havens” are the worst place of all.

On October 1, a girl at South East High School was brutally stabbed by her ex- boyfriend. The couple had been in an on-and-off relationship since the ninth grade, but during an argument at lunch, he got upset and choked her. The dean and another student stopped it, but in the end it wasn’t enough. If there had been school police around at the time, would Cindi Santana still be alive? What actions could have been taken to insure her life was never at risk?

How do we begin to make our schools a safer environment? In the beginning of the school year at WESM, there had been a series of pranks which involved kids setting things like trashcans and bushes on fire. During a particular bush fire, one of the history teachers ran to another classroom in the hopes that it had a fire extinguisher. Unfortunately, it did not. From there, the teachers resorted to filling up buckets in the boy’s bathroom and running back out to the flames. This is absolutely unnecessary! If this had been a more severe case -- say someone accidently fell into that burning bush -- what would have happened then? By the time the fire department came, it would have been too late.

There was a series of three school shootings in two days at Gardena late school year. In an interview, LAUSD Superintendent John Deasy said, “Since 1993, a Los Angeles Unified School District policy has required daily random searches for weapons at high schools. I have ordered that Gardena High School and all LAUSD high schools must comply with that policy.” I know several schools who have not implemented this policy, yet they act shocked and surprised when something bad happens on school grounds.

There are so many random things that can happen at school, and it will continue to happen no matter how much we wish otherwise. The fact of the matter is that schools are one of the most dangerous places for kids.

But, it is possible to make it a little bit safer; have parents call in and suggest to the principal to have random backpack checks. Create fun ways to incorporate school safety in class. And tell your friends that it is okay to speak up. Every voice does make a difference.

Let your child, best friend, student, or siblings know that the worst consequences come when you stay quiet; you don’t want to wake up one morning and find out that a student died because of something you could have prevented.

Tell us if you feel safe at school on our Twitter @TheCometNews. - Kyle Labaro

also in the comet

The Homecoming Dance: So, is it or isn’t it?

Sunday, November 20, 2011 By Kauai Taylor
News & Features Editor

Cancellation, then reschedule reveals bigger issues

full story

 

Teachers open their gradebooks online

Sunday, November 20, 2011 By Taylor McDaniel
Staff Writer

JupiterGrades lets students see grades online anytime

full story

 

Students give cafeteria food a chance

Sunday, November 20, 2011 By Nicole Turkson
Editor in Chief

The Comet samples WESM’s cafeteria food: “It’s edible.”

full story

 

Academic Recognition Night honors students

Sunday, November 20, 2011 By Nicole Turkson
Editor in Chief

Seniors who achieve academically, maintaining a cumulative GPA of 3.5 and above receive jackets in honor of their academic achievement

full story

 

Viewpoint: Is Westchester still Westchester?

Sunday, November 20, 2011 By Mecca Reed
Staff Writer

Two months into the school year, some things seem to stay the same

full story

 

The Homecoming Dance has been cancelled again

Sunday, November 20, 2011 By The Comet Editorial Staff

The Comet has learned that the Homecoming Dance has been canceled again due to low ticket sales. The announcement was made this afternoon in a WESM News & Events email with two words: "Homecoming can

full story

“Effective immediately, all of our efforts to privatize the schools will be known as ‘®eform,’ and any opposition to those efforts will be known as ‘anti-®eform’.”

you can’t say we weren't warned


Test Today, Privatize Tomorrow: Using Accountability to "Reform" Public Schools …to Death

By Alfie Kohn | PHI DELTA KAPPAN  | April 2004 | http://bit.ly/tbOlf6

I just about fell off my desk chair the other day when I came across my own name in an essay by a conservative economist who specializes in educational issues. The reason for my astonishment is that I was described as being “dead set against any fundamental changes in the nation’s schools.” Now having been accused with some regularity of arguing for too damn many fundamental changes in the nation’s schools, I found this new criticism more than a bit puzzling. But then I remembered that, during a TV interview a couple of years ago, another author from a different right-wing think tank had labeled me a "defender of the educational status quo."

 

Alfie Kohn 


Alfie Kohn writes and speaks widely on human behavior, education, and parenting. The latest of his twelve books are FEEL-BAD EDUCATION...and Other Contrarian Essays on Children and Schooling (2011), THE HOMEWORK MYTH: Why Our Kids Get Too Much of a Bad Thing (2006) and UNCONDITIONAL PARENTING: Moving from Rewards and Punishments to Love and Reason (2005). Of his earlier titles, the best known are PUNISHED BY REWARDS: The Trouble with Gold Stars, Incentive Plans, A's, Praise, and Other Bribes (1993), NO CONTEST: The Case Against Competition (1986), and THE SCHOOLS OUR CHILDREN DESERVE: Moving Beyond Traditional Classrooms and "Tougher Standards" (1999). Kohn lectures widely at universities and to school faculties, parent groups, and corporations. In addition to speaking at staff development seminars and keynoting national education conferences on a regular basis, he conducts workshops for teachers and administrators on various topics. Among them: "Motivation from the Inside Out: Rethinking Rewards, Assessment, and Learning" and "Beyond Bribes and Threats: Realistic Alternatives to Controlling Students' Behavior." The latter corresponds to his book BEYOND DISCIPLINE: From Compliance to Community (ASCD, 1996), which he describes as "a modest attempt to overthrow the entire field of classroom management." His many articles on education include a dozen widely reprinted essays in Phi Delta Kappan from 1991 to 2008. Among them: "Choices for Children: Why and How to Let Students Decide," "How Not to Teach Values: A Critical Look at Character Education," "Test Today, Privatize Tomorrow," and "Why Self-Discipline is Overrated."


In an earlier age, I might have suggested pistols at dawn as the only fitting response to these calumnies. But of course there’s a lot more going on here than the fact that one writer has had his radical credentials unjustly called into question. The point is that the mantle of school reform has been appropriated by those who oppose the whole idea of public schooling.  Their aim is to paint themselves as bold challengers to the current system and to claim that defenders of public education lack the vision or courage to endorse meaningful change. This rhetorical assault seemed to come out of nowhere, as though a memo had been circulated one day among those on the right: “Attention. Effective immediately, all of our efforts to privatize the schools will be known as ‘reform,’ and any opposition to those efforts will be known as ‘anti-reform.’ That is all.”

Silver-lining hunters may note that this strategy pays a backhanded compliment to the very idea of change. It implicitly acknowledges the inadequacy of conservatism, at least in the original sense of that word. These days everyone insists there’s a problem with the way things are. (On one level, this posture is familiar: Polemicists across the political spectrum frequently try to describe whatever position they’re about to criticize as “fashionable.” The implication is that only the bravest soul – that is, the writer – dares to support an unfashionable view.)  But the word reform is particularly slippery and tendentious. The Associated Press Guide to Newswriting urges journalists to exercise caution about using it, pointing out that “one group’s reform can be another group’s calamity.”(1) At the same time, conservative politicians are being exhorted (for example, by a like-minded New York Times columnist) to embrace the word. “For my money,” David Brooks wrote earlier this year, “the best organizing principle for Republicans centers on the word ‘reform’” – which can give the impression that they want to “promote change, while Democrats remain the churlish defenders of the status quo.”(2)

Of course, this begs the question of what kind of change is actually being promoted, but begging the question is really the whole point, isn’t it? The “reform” of environmental laws has often meant diluting them or simply washing them away. And just ask someone who depends on public assistance what “welfare reform” really implies. The privatizers and deregulators have gone after health care, prisons, banks, airlines, and electric utilities. Now they’re setting their sights on Social Security. I was recently reading about the added misery experienced by desperately poor families in various parts of the world as a result of the privatization of local water supplies. The clarity of language be damned: They come to bury a given institution rather than to improve it, but they describe their mission as “reform.” As Lily Tomlin once remarked, “No matter how cynical you become, it’s never enough to keep up.”(3)

THE NATURE OF “SCHOOL REFORM”

But back to education. People with an animus against public schooling typically set the stage for their demolition plans by proclaiming that there isn’t much there worth saving.  Meanwhile, those who object are portrayed as apologists for every policy in every school. It’s a very clever gambit, you have to admit. Either you’re in favor of privatization or else you are inexplicably satisfied with mediocrity.

Let’s state what should be obvious, then. First, a defense of public education is wholly consistent with a desire for excellence. Second, by most conventional criteria, public schools have done surprisingly well in managing with limited resources to educate an increasingly diverse student population.(4) Third, notwithstanding that assessment, there’s plenty of room for dissatisfaction with the current state of our schools. An awful lot is wrong with them: the way conformity is valued over curiosity and enforced with rewards and punishments, the way children are compelled to compete against one another, the way curriculum so often privileges skills over meaning, the way students are prevented from designing their own learning, the way instruction and assessment are increasingly standardized, the way different avenues of study are rarely integrated, the way educators are systematically deskilled . . .  And I’m just getting warmed up.

Notice, however, that these criticisms are quite different from – in fact, often the exact opposite of – the particulars cited by most proponents of vouchers and similar “reforms.” To that extent, even if privatization worked exactly the way it was supposed to, we shouldn’t expect any of the defects I’ve just listed to be corrected. If anything, the micro-level impact (on teaching and learning) of such a macro-level shift is likely to exacerbate such problems. Making schools resemble businesses often results in a kind of pedagogy that’s not merely conservative but reactionary, turning back the clock on the few changes that have managed to infiltrate and improve classrooms. Consider the stultifyingly scripted lessons and dictatorial discipline that pervade for-profit charter schools. Or have a look at some research from England showing that “when schools have to compete for students, they tend to adopt ‘safe,’ conventional and teacher-centered methods, to stay close to the prescribed curriculum, and to tailor teaching closely to test-taking.”(5) (One more example of the destructive effects of competition.)

This is a point worth emphasizing to the handful of progressive-minded individuals who have made common cause with those on the right by attacking public education. John Taylor Gatto is an example here. In a recent Harper’s magazine essay entitled “Against School,” he asserts that the goal of “mandatory public education in this country” is “a population deliberately dumbed down,” with children turned “into servants.”(6)

In support of this sweeping charge, Gatto names some important men who managed to become well-educated without setting foot in a classroom. (However, he fails to name any defenders of public education who have ever claimed that it’s impossible for people to learn outside of school or to prosper without a degree.) He also cites a few “school as factory” comments from long-dead policymakers, and observes that many of our educational practices originated in Prussia. Here he’s right. Our school system is indeed rooted in efforts to control. But the same indictment could be leveled, with equal justification, at other institutions. The history of newspapers, for example, and the intent of many powerful people associated with them, has much to do with manufacturing consent, marginalizing dissent, and distracting readers. But is that an argument for no newspapers or better newspapers?

Ideally, public schools can enrich lives, nourish curiosity, introduce students to new ways of formulating questions and finding answers. Their existence also has the power to strengthen a democratic society, in part by extending those benefits to vast numbers of people who didn’t fare nearly as well before the great experiment of free public education began.

Granted, “ideally” is a hell of a qualifier. But an attack on schooling as we know it is generally grounded in politics rather than pedagogy, and is most energetically advanced by those who despise not just public schools but all public institutions. The marketplace, which would likely inherit the task of educating our children if Gatto got his way, is (to put it gently) unlikely to honor the ideals that inform his critique. Some folks will benefit from that kind of “reform,” but they certainly won’t be kids.(7)

People who want to strike a blow for individual liberty understandably lash out against the government – and these days they don’t want for examples of undue interference from Washington and state capitals. But in education, as in other arenas of contemporary American life, there is an equal or greater danger from concentrating power in private hands, which is to say in enterprises that aren’t accountable to anyone (except their own stockholders) or for anything (except making a profit).

Worst of all is a situation where public entities remake themselves in the image of private entities, where politicians pass laws to codify corporate ideology and impose it on our schools.(8) Perhaps the two most destructive forces in education these days are the tendency to view children as “investments” (whose ultimate beneficiary is business) and a market-driven credentialism in which discrete individuals struggle for competitive distinctions. To attack the institution of public education is like hollering at the shadows on the wall. The source of the problem is behind you, and it grows larger as you train your rage on the flickering images in front.

“FREEDOM” FROM PUBLIC EDUCATION

I try to imagine myself as a privatizer. How would I proceed? If my objective were to dismantle public schools, I would begin by trying to discredit them. I would probably refer to them as “government” schools, hoping to tap into a vein of libertarian resentment. I would never miss an opportunity to sneer at researchers and teacher educators as out-of-touch “educationists.” Recognizing that it’s politically unwise to attack teachers, I would do so obliquely, bashing the unions to which most of them belong. Most important, if I had the power, I would ratchet up the number and difficulty of standardized tests that students had to take, in order that I could then point to the predictably pitiful results. I would then defy my opponents to defend the schools that had produced students who did so poorly.

How closely does my thought experiment match reality? One way to ascertain the actual motivation behind the widespread use of testing is to watch what happens in the real world when a lot of students manage to do well on a given test. Are schools credited and teachers congratulated? Hardly. The response, from New Jersey to New Mexico, is instead to make the test harder, with the result that many more students subsequently fail. [Addendum 2009: "Math scores are up on Long Island and statewide - enough so that state educational leaders could soon start raising the bar....Meryl Tisch of Manhattan, the new Chancellor of the state's Board of Regents, said...'What today's scores tell me is not that we should be celebrating but that New York State needs to raise its standards" (Newsday, June 1, 2009.]

Consider this item from the Boston Globe:

As the first senior class required to pass the MCAS exam prepares for graduation, state education officials are considering raising the passing grade for the exam. State Education Commissioner David Driscoll and Board of Education chairman James Peyser said the passing grade needs to be raised to keep the test challenging, given that a high proportion of students are passing it on the first try. . . . Peyser said as students continue to meet the standard, the state is challenged to make the exam meaningful.(9)

You have to admire the sheer Orwellian chutzpah represented by that last word. By definition, a test is “meaningful” only if large numbers of students (and, by implication, schools) fare poorly on it. What at first seems purely perverse – a mindless acceptance of the premise that harder is always better – reveals itself instead as a strategic move in the service of a very specific objective. Peyser, you see, served for eight years as executive director of the conservative Pioneer Institute, a Boston-based think tank devoted to “the application of free market principles to state and local policy” (in the words of its website).  The man charged with overseeing public education in Massachusetts is critical of the very idea of public education. And how does he choose to pursue his privatizing agenda? By raising the bar until alarming failure(10) is assured.

Of course, tougher standards are usually justified in the name of excellence – or, even more audaciously (given the demographics of most of the victims), equity.  One doesn’t expect to hear people like Peyser casually concede that the real point of this whole standards-and-testing business is to make the schools look bad, the better to justify a free-market alternative. Now and then, however, a revealing comment does slip out. For example, when the School Choice Advocate, the newsletter of the Milton and Rose Friedman Foundation, approvingly described Colorado’s policy of publishing schools’ test scores, a senior education advisor to Republican Governor Bill Owens remarked that the motive behind reporting these results was to “greatly enhance and build pressure for school choice.”(11)

An op-ed published in the Wall Street Journal just before Christmas by William Bennett and Chester Finn underscored the integral relationship between the push for high-stakes testing (which they call “standards”), and the effort to undermine public schooling (which they call “freedom”). The latter bit of spin is interesting in its own right: Vouchers, having been decisively rejected by voters on several occasions, were promptly reintroduced as “school choice” to make them sound more palatable.(12)  But apparently an even more blatant appeal to emotionally charged values is now called for.  In any case, the article notes (correctly, I fear) that “our two political parties . . . can find common ground on testing and accountability,” but then goes on to announce that “what Republicans have going for them in education is freedom.”  They understand this value “because of their business ties”; unlike Democrats, they are “not afraid of freedom.”

Even in an era distinguished by unpleasantly adversarial discourse, Bennett and Finn redefine its lower depths with the charge that freedom is a “domain that few Democrats dare to visit.”  (Their evidence for this charge is that most Democrats exclude private schools from choice plans.) But this nasty little essay, headlined “No Standards Without Freedom,” serves primarily to remind us that the most vocal proponents of accountability – defined, as it usually is these days, in terms of top-down standards and coercive pressure to raise scores on an endless series of standardized tests – have absolutely no interest in improving the schools that struggle to fulfill these requirements. Public education in their view is not something to be made better; it is something from which we need to be freed.

MANY CHILDREN LEFT BEHIND

None of this is exactly new. “Standards” have been used to promote “freedom” for some time. But if that picture has been slowly coming into focus as education policies are enacted at the state level, it now attains digital clarity as a result of federal involvement –in particular, the law that some have rechristened No Child Left Untested (or No Corporation Left Behind, or No Child’s Behind Left). Even those observers who missed, or dismissed, the causal relationship up until now are coming to realize that you don’t have to be a conspiracy nut to understand the real purpose of this new law. Indeed, you have to be vision-impaired not to see it.

Jamie McKenzie, a former superintendent, put it this way on his website, NoChildLeft.com: “Misrepresented as a reform effort, NCLB is actually a cynical effort to shift public school funding to a host of private schools, religious schools and free-market diploma mills or corporate experiments in education.” The same point has been made by Jerry Bracey, Stan Karp, and a number of others. Lately, even some prominent politicians are catching on. Senator James Jeffords, who chaired the Senate committee that oversees education from 1997 to 2001, has described the law as a back-door maneuver “that will let the private sector take over public education, something the Republicans have wanted for years.”(13)  Former senator Carol Moseley Braun recently made the same point.

Addendum 2008: We now have corroboration that these fears were entirely justified. Susan Neuman, an assistant secretary of education during the roll-out of NCLB, admitted that others in Bush's Department of Education "saw NCLB as a Trojan horse for the choice agenda - a way to expose the failure of public education and 'blow it up a bit'" (Claudia Wallis, "No Child Left Behind: Doomed to Fail?", Time, June 8, 2008).

So what is it about NCLB in particular that has led a growing number of people to view it as a stalking horse for privatization? While any test can be, and many tests have been, rigged to create the impression of public school failure, nothing has ever come close to NCLB in this regard. Put aside for a moment the rather important point that higher scores on standardized tests do not necessarily reflect meaningful improvement in teaching or learning -- and may even indicate the opposite.(14) Let’s assume for the sake of the argument that better performance on these tests was a good sign. This law’s criteria for being judged successful – how fast the scores must rise, and how high, and for how many subgroups of students -- are nothing short of ludicrous. NCLB requires every single student to score at or above the proficient level by 2014, something that has never been done before and that few unmedicated observers believe is possible.(15)

As Monty Neill of FairTest explained in these pages not long ago, even the criteria for making “adequate yearly progress” toward that goal are such that “virtually no schools serving large numbers of low-income children will clear these arbitrary hurdles.”  Consequently, he adds, “many successful schools will be declared ‘failing’ and may be forced to drop practices that work well. Already, highly regarded schools have been put on the ‘failing’ list.”(16)  Schools that do manage to jump through these hoops, which include a 95-percent participation rate in the testing, must then contend with comparable hurdles involving the qualifications of its teachers.

The party line, of course, is that all these requirements are meant to make public schools improve, and that forcing every state to test every student every year (from third through eighth grades and then again in high school) is intended to identify troubled schools in order to “determine who needs extra help,” as President Bush put it recently.(17) To anyone who makes this claim with a straight face, we might respond by asking three questions.

1. How many schools will NCLB-required testing reveal to be troubled that were not previously identified as such? For the last year or so, I have challenged defenders of the law to name a single school anywhere in the country whose inadequacy was a secret until yet another wave of standardized test results was released. So far I have had no takers.

2. Of the many schools and districts that are obviously struggling, how many have received the resources they need, at least without a court order? If conservatives are sincere in saying they want more testing in order to determine where help is needed, what has their track record been in providing that help? The answer is painfully obvious, of course: Many of the same people who justify more standardized tests for information-gathering purposes have also claimed that more money doesn’t produce improvement. The Bush administration’s proposed budgets have fallen far short of what states would need just to implement NCLB itself, and those who point this out are dismissed as malcontents. (Thus Bennett and Finn: “Democrats are now saying that Republicans are not spending enough. But that is what they always say – enough is never sufficient for them when it comes to education spending.”)

3. What have the results been of high-stakes testing to this point? To the best of my knowledge, no positive effects have ever been demonstrated, unless you count higher scores on these same tests. More low-income and minority students are dropping out, more teachers (often the best ones) are leaving the profession, and more mind-numbing test preparation is displacing genuine instruction. Why should anyone believe that annual do-or-die testing mandated by the federal government will lead to anything different? Moreover, the engine of this legislation is punishment. NCLB is designed to humiliate and hurt the schools that, according to its own warped standards, most need help. Families at those schools are given a green light to abandon them – and, specifically, to transfer to other schools that don’t want them and probably can’t handle them. This, it quickly becomes clear, is an excellent way to sandbag the “successful” schools, too.

So who will be left undisturbed and sitting pretty?  Private schools and companies hoping to take over public schools. In the meantime, various corporations are already benefiting. The day after Bennett and Finn’s rousing defense of freedom appeared on its op-ed page, the Wall Street Journal published a news story that began as follows: “Teachers, parents, and principals may have their doubts about No Child Left Behind. But business loves it.” Apart from the obvious bonanza for the giant companies that design and score standardized tests, “hundreds of ‘supplemental service providers’ have already lined up to offer tutoring, including Sylvan, Kaplan Inc. and Princeton Review Inc. … Kaplan says revenue for its elementary- and secondary-school division has doubled since No Child Left Behind passed.”(18)

THE ACCOUNTABILITY – PRIVATIZATION CONNECTION

Ultimately, any attempt to demonstrate the commitment to privatization lurking behind NCLB doesn’t require judgments about the probability that its requirements can be fulfilled, or speculation about the significance of which companies find it profitable. That commitment is a matter of public record. As originally proposed by the Bush Administration, the legislation would have used federal funds to provide private school vouchers to students in Title I schools with lagging test results. This provision was dropped only when it threatened to torpedo the whole bill; instead, the stick used to beat schools into raising their scores was limited to the threat that students could transfer to other public schools.

Since then, Bush’s Department of Education has taken other steps to pursue its agenda, such as allocating money hand over fist to private groups that share its agenda. A few months ago, People for the American Way reported that the administration has funneled more than $75 million in taxpayer funds to pro-voucher groups and miscellaneous for-profit entities. Among them is William Bennett’s latest gamble, known as K12 -- a company specializing in on-line education for homeschoolers. (Finn sits on the board of directors). “Standards” plus “freedom” may eventually add up to considerable revenue, then. In the meantime, the Department of Education is happy to ease the transition: A school choice pilot program in Arkansas received $11.5 million to buy a curriculum from Bennett’s outfit, and a virtual charter school in Pennsylvania affiliated with K12 got $2.5 million.(19)

At the center of the conservative network receiving public funds to pursue what is arguably an antipublic agenda is the Education Leaders Council, which was created in 1995 as a more conservative alternative to the Council of Chief State School Officers (which itself is not all that progressive). One of its founders was Eugene W. Hickok, formerly Pennsylvania’s Secretary of Education and now the second-ranking official in the U.S. Department of Education.   Hickok brushes off the charge that DOE is promoting and funding privatization.  If there‘s any favoritism reflected in these grants, he says, it’s only in that “we support those organizations that support No Child Left Behind.”(20)

But that’s exactly the point. A hefty proportion of those who support vouchers also support NCLB, in large part because the latter is a means to the former. Take Lisa Graham Keegan, who was Arizona’s school superintendent and is now ELC’s executive director. She was a bit more forthcoming about the grants than Hickok, telling a reporter that it’s only natural for the Bush administration to want to correct a “liberal bias” in American education by giving grants to groups that share its philosophy.  “It is necessary to be ideological in education these days if you want to promote academic standards, school choice, and new routes to certifying teachers.’”(21) Notice again the juxtaposition of “standards” and “choice,” this time joined by another element of the conservatives’ agenda: an initiative, undertaken jointly by the ELC and a group set up by Finn’s Thomas B. Fordham Foundation – and, again, publicly funded thanks to DOE -- to create a new quasi-private route to teacher credentialing.

For that matter, take Education Secretary Rod Paige, who appeared at an ELC conference to assure its members that they were “doing God’s work” and has been quoted as saying that “the worst thing that can happen to urban and minority kids is that they are not tested.”(22) Indeed, Paige spent his years as superintendent in Houston doing anything and everything to raise test scores (or, rather, as it turns out, to give the appearance of raising test scores). At the same time, his “tenure as superintendent was marked by efforts to privatize or contract out not only custodial, payroll, and food services, but also educational services like ‘alternative schools’ for students with ‘discipline problems.’”(23)

Just this past January, Paige made his way around the perimeter of the U.S. Capitol to speak at the conservative Heritage Foundation, whose headquarters stand about a dozen blocks from the Department of Education.  His purpose was twofold: to laud NCLB for injecting “competition into the public school system” and to point out that vouchers – which he called “opportunity scholarships” -- are the next logical step in offering “educational emancipation” from “the chains of bureaucracy.”

The arguments and rhetoric his speechwriters employed on that occasion are instructive. For example, he explained that the way we improve education is “one child at a time” -- a phrase both more substantive and more dangerous than it may seem at first hearing. And he demanded to know how anyone could oppose vouchers in light of the fact that the GI Bill was “the greatest voucher program in history.” Paige was particularly enthusiastic about the newly passed legislation that earmarks $14 million in public funds – federal funds, for the first time -- for religious and private schools in Washington, D.C., which he hoped would turn out to be “a model program for the nation.” (However, “this isn’t a covert plan to finance private, especially Catholic, schools,” he assured his audience. The proof? “Many of the students in Catholic schools are not Catholic.”)

Paige couldn’t restrain himself from gloating over how the passage of this law represented a triumph over “special interests” – that is, those who just “ask for more money” and want “to keep children in schools in need of improvement.” These critics are “the real enemies of public schools.”  In fact, they put him in mind of France’s determined opposition to the Bush Administration’s efforts to secure UN approval for an invasion of Iraq.(24) (At another gathering, a few weeks later, he compared opponents of the law to terrorists.)(25)

Notice that Paige chose to deliver these remarks at the Heritage Foundation, which publishes “No Excuses” apologias for high-stakes testing while simultaneously pushing vouchers and “a competitive market” for education. (Among its other reports: “Why More Money Will Not Solve America’s Education Crisis.”) Nina Shokraii Rees, a key education analyst at Heritage who helped draft the blueprint for NCLB and pressed for it to include annual high-stakes testing, is now working for Paige, implementing the plans that she and her group helped to formulate. So it goes for the Hoover Institution in California, the Manhattan Institute in New York, the Center for Education Reform in Washington, and other right-wing think tanks. All of them demand higher standards and more testing, and all of them look for ways to turn education over to the marketplace where it will be beyond the reach of democratic control. Over and over again, accountability and privatization appear as conjoined twins.

To point out this correlation is not to deny that there are exceptions to it. To be sure, some proponents of public schooling have, with varying degrees of enthusiasm, hitched a ride on the Accountability Express. In fact, I’ve even heard one or two people argue that testing requirements in general – and NCLB in particular – represent our last chance to save public education, to redeem schools in the public’s mind by insisting that they be held to high standards.

But the idea that we should scramble to feed the accountability beast is based on the rather desperate hope that we can satisfy its appetite by providing sufficient evidence of excellence. This is a fool’s errand. It overlooks the fact that the whole movement is rooted in a top-down, ideologically driven contempt for public institutions, not in a grassroots loss of faith in neighborhood schools. The demand for accountability didn’t start in living rooms; it started in places like the Heritage Foundation. After a time, it’s true, even parents who think their own children’s school is just fine may swallow the generalizations they’ve been fed about the inadequacy of public education in general. But do we really think that the people who have cultivated this distrust, who holler about the need for more testing, who brush off structural barriers like poverty and racism as mere “excuses” for failure, will be satisfied once we agree to let them turn our schools into test-prep factories?

COLLATERAL DAMAGE

In any event, if we did so we’d be destroying the village in order to save it. No, scratch the conditional tense there: The devastation is already underway.  Every few days there is fresh evidence of how teaching is being narrowed and dumbed down, standardized and scripted – with poor and minority students getting the worst of the deal as usual. I have an overstuffed file of evidence detailing what we’re sacrificing on the altar of accountability, from developmentally appropriate education for little children to rich, project-based learning for older ones, from music to field trips to class discussions.(26)

Lately, it has become clear that piling NCLB on top of the state testing that was already assuming nightmarish proportions is producing still other sorts of collateral damage. For example, there is now increasing pressure to:

* segregate schools by ethnicity. A new California study confirms what other scholars had predicted: NCLB contains a “diversity penalty” such that the more subgroups of students that attend a given school, the lower the chance that it will be able to satisfy all the federally imposed requirements for adequate progress.(27)

* segregate classes by ability. While there are no hard data yet, it appears that schools may be doing more grouping and tracking in order to maximize test-prep efficiency.(28) All children lose out from less heterogeneity, but none more than those at the bottom – yet another example of how vulnerable students suffer the most from the shrill demands for accountability.

* segregate classes by age. Multiage education is reportedly becoming less common now – not because its benefits haven’t been supported by research and experience (they have), but because of “grade-by-grade academic standards and the consequences tied to not meeting those targets as measured by state tests.”(29)

* criminalize misbehavior. “In cities and suburbs around the country, schools are increasingly sending students into the juvenile justice systems for the sort of adolescent misbehavior that used to be handled by school administrators.”(30)  There are many explanations for this deeply disturbing trend, including the loss of school-based mental health services due to budget cuts. But Augustina Reyes of the University of Houston observes, “If teachers are told, ‘Your scores go down, you lose your job,’ all of a sudden your values shift very quickly. Teachers think, ‘With bad kids in my class, I’ll have lower achievement on my tests, so I’ll use discretion and remove that kid.’”(31) Moreover, attempts to deal with the kinds of problems for which children are now being hauled off by the police – programs to promote conflict resolution and to address bullying and other sorts of violence -- are being eliminated because educators and students are themselves being bullied into focusing on test scores to the exclusion of everything else.(32)

* retain students in grade. The same get-tough sensibility that has loosed an avalanche of testing has led to a self-congratulatory war on “social promotion” that consists of forcing students to repeat a grade. The preponderance of evidence indicates that this is just about the worst course of action to take with struggling children in terms of both its academic and social-psychological effects. And the evidence uniformly demonstrates that retention increases the chance that a student will leave school; in fact, it’s an even stronger predictor of dropping out than is socioeconomic status.(33) 

If flunking kids is a terrible idea, flunking them solely on the basis of their standardized test scores is even worse.  But that’s precisely what Chicago, Baltimore, and now the state of Florida are doing, harming tens of thousands of elementary-school children in each case. And even that isn’t the whole story.  Some students are being forced to repeat a grade not because this is believed (however inaccurately) to be in their best interest, but because pressure for schools to show improved test results induces administrators to hold back potentially low-scoring children the year before a key exam is administered. That way, students in, say, tenth grade will be a year older, with another year of test prep under their belts, before they sit down to start bubbling in ovals.

Across the U.S., according to calculations by Walt Haney and his colleagues at Boston College, there were 13 percent more students in ninth grade in 2000 than there were in eighth grade in 1999. Retention rates are particularly high in states like Texas and North Carolina, which helps to explain their apparently impressive NAEP scores.(34) The impact on the students involved, most of whom end up dropping out, is incalculable, but it makes schools and states look good in an age where accountability trumps all other considerations. Moreover, Haney predicts, “senseless provisions of NCLB likely will lead to a further increase of 5 percent or more in grade nine retention. And of those who are flunked,” he adds, “70 to 75 percent will not persist to high school graduation.”(35)

THE DANGERS OF COMPLYING WITH NCLB

Take a step back and consider these examples of what I’m calling collateral damage from high-stakes testing: a more traditional, back-to-basics curriculum; more homogeneity; a retreat from innovations like multiage classrooms; more tracking and retention and harsher discipline. What’s striking about these ostensibly accidental by-products of policies designed to ensure accountability is that, they, themselves, are on the wish list of many of the same people who push for more testing – and, often, for vouchers.

In fact, we can add one more gift to the right: By virtue of its definition of a qualified teacher, NCLB helps to cement the idea that education consists of pouring knowledge into empty receptacles. We don’t need people who know how to help students become proficient learners (a skill that they might be helped to acquire in a school of education); we just need people who know a lot of stuff (a distinction that might simply be certified by a quasi-private entity – using, naturally, a standardized test).  Or, as Bennett and Finn explain things to the readers of the Wall Street Journal, “A principal choosing teachers will make better informed decisions if she has access to comparable information about how much history or math or science each candidate knows.”  This nicely rounds out the “reform” agenda, by locking into place a model that not only deprofessionalizes teachers but confuses teaching with the transmission of facts.

The upshot of all this is that the right has constructed a single puzzle of interlocking parts.  They are hoping that some people outside their circle will be persuaded to endorse some of those parts (specific, uniform curriculum standards, for example, or annual testing) without understanding how they are integrally connected to the others (for example, the incremental dissolution of public schooling and the diminution of the very idea that education is a public good).

They are succeeding largely because decent educators are playing into their hands. That’s why we must quit confining our complaints about NCLB to peripheral problems of implementation or funding. Too many people give the impression that there would be nothing to object to if only their own school had been certified as making adequate progress, or if only Washington were more generous in paying for this assault on local autonomy. We have got to stop prefacing our objections by saying that, while the execution of this legislation is faulty, we agree with its laudable objectives. No. What we agree with is some of the rhetoric used to sell it, invocations of ideals like excellence and fairness.  NCLB is not a step in the right direction. It is a deeply damaging, mostly ill-intentioned law, and no one genuinely committed to improving public schools (or to advancing the interests of those who have suffered from decades of neglect and oppression) would want to have anything to do with it.

Ultimately, we must decide whether we will obediently play our assigned role in helping to punish children and teachers. Every in-service session, every article, every memo from the central office that offers what amounts to an instruction manual for capitulation slides us further in the wrong direction until finally we become a nation at risk of abandoning public education altogether. Rather than scrambling to comply with its provisions, our obligation is to figure out how best to resist.


The beginning of this article was adapted from the introduction to Kohn’s book, What Does It Mean to Be Well Educated?: And More Essays on Standards, Grading, and Other Follies, published by Beacon Press in 2004.

NOTES

1. The AP Guide is cited in Jan Freeman, “Reform School,” Boston Globe, January 11, 2004, p. L3.

2. David Brooks, “Running on Reform,” New York Times, January 3, 2004, p. 15.

3. To be precise, those who decry these semantic misrepresentations should be described as “skeptical” or “critical.” It’s those responsible for them who are more accurately described as cynical. (And while we’re being precise, the line I’ve quoted, like much of Tomlin’s material, was actually written by Jane Wagner.)

4. See David C. Berliner and Bruce J. Biddle, The Manufactured Crisis: Myths, Fraud, and the Attack on America’s Public Schools (Reading, MA: Addison-Wesley, 1995); Richard Rothstein, The Way We Were?: The Myths and Realities of America’s Student Achievement (New York: Century Foundation Press, 1998); and the collected works of Gerald Bracey.

5. Kari Delhi, “Shopping for Schools,” Orbit [published by the Ontario Institute for Studies in Education at the University of Toronto], vol. 25, no. 1, 1998, p. 32. The author cites three studies from the UK in support of this conclusion.

6. John Taylor Gatto, “Against School,” Harper’s, September 2003, pp. 33-38.

7. After I made some of these points in a letter to the editor that appeared in Harper’s, Gatto wrote to tell me I had missed the point of his essay because he actually doesn’t support “the elimination of public education.” However, he does “hope to undermine centralized institutional schooling which uses the police power of the state to impose habits, attitudes, etc.” I can only assume that he is using the word public in a way I don’t understand. In any case, his furious attack on “mandatory” education – on universal schooling that is supported by the public treasury and administered by elected authorities – is one that has been warmly received by those on the right. Indeed, Gatto was one of the first endorsers of the Alliance for the Separation of School and State, which repudiates the idea of a “common school” and calls for “the end of federal, state, and local involvement with schooling.” (A conference sponsored by the Alliance “featured a wide variety of conservative speakers, including John Taylor Gatto,” according to a newsletter of Phyllis Schlafly’s Eagle Forum.) Elsewhere, Gatto has written that he is “deeply depressed by Jonathan Kozol’s contention that money would improve the schools of the poor.  It would not.”

8. For more, see my article "The 500-Pound Gorilla," Phi Delta Kappan, October 2002, pp. 113-19; and various chapters in the anthology that I edited with Patrick Shannon: Education, Inc.: Turning Learning into a Business, rev. ed. (Portsmouth, NH: Heinemann, 2002).

9. C. Kalimah Redd, “Raising of MCAS Bar Is Weighed,” Boston Globe, April 30, 2003, p. B2.

10. Alarming failure, not universal failure. As education policy makers across the country have learned, there are political costs to having too many students flunk the tests, particularly if an unseemly number of them are white and relatively affluent. At that point, politically potent parents – and, eventually, even education reporters -- may begin to ask inconvenient questions about the test itself. Fortunately, by tinkering with the construction of items on the exam and adjusting the cut score, it is possible to ensure virtually any outcome long before the tests are scored or even administered. For the officials in charge, the enterprise of standardized testing is reminiscent of shooting an arrow into a wall and then drawing the target around it.

11. “In the Spotlight: Colorado,” The School Choice Advocate, December 2001, p. 7. Available at www.friedmanfoundation.org/downloadFile.do?id=222.

12. For an account of the carefully coordinated decision to stop using the V word, see Darcia Harris Bowman, “Republicans Prefer to Back Vouchers by Any Other Name,” Education Week, January 31, 2001.

13. The McKenzie quotation is from “The NCLB Wrecking Ball,” an essay first posted on www.nochildleft.com in November 2003. The Jeffords quotation is from Sally West Johnson, “Mathis Rips Feds Over School Act,” Rutland  [Vermont] Herald, February 5, 2003.

14. See, for example, my book The Case Against Standardized Testing: Raising the Scores, Ruining the Schools (Portsmouth, N.H.: Heinemann, 2000).

15. See, for example, the 2003 Presidential Address to the American Educational Research Association by Robert L. Linn, entitled “Accountability: Responsibility and Reasonable Expectations,” available at www.aera.net/uploadedFiles/Journals_and_Publications/Journals/Educational_Researcher/3207/3207_03PresAddress.pdf.

16. Monty Neill, “Leaving Children Behind,” Phi Delta Kappan, November 2003, pp. 225-26.

17. Bush is quoted in Eric W. Robelen, “Bush Marks School Law’s 2nd Anniversary,” Education Week, January 14, 2004, p. 20.

18. June Kronholz, “Education Companies See Dollars in Bush School-Boost Law,” Wall Street Journal, December 24, 2003, p. B-1.

19. The report by People for the American Way is entitled “Funding a Movement.”

20. Michael Dobbs, “Critics Say Education Dept. Is Favoring Political Right,” Washington Post, January 2, 2004, p. A-19.

21. Ibid.

22. The ELC quote is from Joetta L. Sack, “ELC Receives Grant to Craft Tests to Evaluate Teachers,” Education Week, October 10, 2001. The testing quote is from Robert C. Johnston, “Urban Leaders See Paige as ‘Our Own,’” Education Week, February 7, 2001.

23. Stan Karp, “Paige Leads Dubious Cast of Education Advisors,” Rethinking Schools, Spring 2001, p. 4.

24.  Paige’s January 28, 2004 speech, “A Time for Choice,” is available at www.ed.gov/news/speeches/2004/01/01282004.html.

25. Here Paige was referring to the National Educational Association, which he likened to "a terrorist organization" because it opposes some provisions of NCLB. He apologized, under pressure, for a poor choice of words but then immediately resumed his virulent criticisms of the union. See Robert Pear, "Education Chief Calls Union 'Terrorist,' Then Recants," New York Times, February 24, 2004, p. A20.

26. Among many other sources, see M. Gail Jones, Brett D. Jones, and Tracy Hargrove, The Unintended Consequences of High-Stakes Testing (Lanham, Md.: Rowman & Littlefield, 2003); and the examples cited at www.susanohanian.org.

27. See John R. Novak and Bruce Fuller, Penalizing Diverse Schools (University of California at Berkeley and Stanford University, Policy Analysis for California Education, December 2003). Available at: http://gse.berkeley.edu/research/pace/reports/PB.03-4.pdf.

28. “The federal No Child Left Behind Act demands that schools show proficient test scores for every student. One approach to achieve that, some argue, is to tailor instruction in groups of similarly skilled students.” See Laura Pappano, “Grouping Students Undergoes Revival,” Boston Globe, December 14, 2003.

29. Linda Jacobson, “Once-Popular ‘Multiage Grouping’ Loses Steam,” Education Week, September 10, 2003, pp. 1, 15.

30. Sara Rimer, “Unruly Students Facing Arrest, Not Detention,” New York Times, January 4, 2004, p. 1.

31. That explanation also makes sense to Mark Soler of the Youth Law Center, a public interest group that protects at-risk children: “Now zero tolerance is fed less by fear of crime and more by high-stakes testing. Principals want to get rid of kids they perceive as trouble.” Both Reyes and Soler are quoted in Annette Fuentes, “Discipline and Punish,” The Nation, December 15, 2003, pp. 17-20.

32. Scott Poland, a school psychologist and expert in crisis intervention, writes: “School principals have told me that they would like to devote curriculum time to topics such as managing anger, violence prevention and learning to get along with others regardless of race and ethnicity, but . . . [they are] under tremendous pressure to raise academic scores on the state accountability test.” (See “The Non-Hardware Side of School Safety,” NASP [National Association of School Psychologists] Communique, vol. 28, no. 6, March 2000.) Poland made the same point while testifying at a Congressional hearing on school violence in March 1999 – a month before the shootings at Columbine.

33. See, for example, the studies cited in Jay P. Heubert, “First, Do No Harm,” Educational Leadership, December 2002 / January 2003, p. 27.

34. That’s triple the rate for the disparity between ninth and eighth grade during the 1970s. See Walt Haney et al., The Education Pipeline in the United States, 1970-2000. Boston: National Board on Educational Testing and Public Policy, January 2004. Available at: www.bc.edu/research/nbetpp/statements/nbr3.pdf.

35. Walt Haney, personal communication, January 15, 2004. Haney’s study also found that there was a substantial drop in high school graduation rates, beginning, as a reporter noticed, “just as President Bill Clinton and Congress ushered in the school accountability measures [that were later] strengthened in the No Child Left Behind Act.” Haney is quoted in that same article as saying, “The benign explanation is that this whole standards and reform movement was implemented in an ill-conceived manner.” (See Diana Jean Schemo, “As Testing Rises, 9th Grade Becomes Pivotal,” New York Times, January 18, 2004, p. 23.) This, of course, invites us to consider explanations that are less benign.


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