Is Arne Duncan’s new civil rights crusade unconstitutional?
On Monday, Secretary of Education Arne Duncan announced that his department will expand its efforts in civil rights enforcement. Its civil rights division will monitor racial disparities in enrollment in college prep classes, school discipline, and teacher assignment. Like everything this sounds fantastic in the abstract. Who after all publicly declares that they oppose protecting civil rights?
The details, though, paint a more troublesome picture. First, the shamelessness of it is astonishing. This is the same Department of Education that can’t support a voucher program in Washington DC to help minority children escape the grinding incompetence of the DC school system. Now it wants to spend its resources determining whether schools in Fairfax County or Westchester have a disproportionate number of white kids in college prep classes. Someone’s priorities seem misplaced. Even Nixon would blush.
Second, it’s hard to see how Duncan can do this without running headlong into the Supreme Court’s 2007 decision in Parents Involved v. Seattle School District No. 1. Duncan plans on relying on “disparate impact” analysis to show for instance that school districts with a disproportionate number of white students in advanced placement classes are guilty of discrimination. The cure for that disparate impact will be “robust remedies” like early intervention programs. But if (white) parents discover that their children have been denied access to an AP class to ensure racial balancing, they will likely bring suit just like the parents from Seattle in Parents Involved. And chances are, they will win. After all, Justice Kennedy, in his controlling opinion, singled out identifying students based solely on race as unconstitutional.
Third, anyone familiar with the Department of Health, Education, and Welfare’s (HEW) enforcement of the Title VI of the Civil Rights Act in the 1970s knows that we’ve been down this road before and it’s not a smooth ride. In the notorious Adams v. Richardson litigation HEW became compelled to pursue in the same fashion Duncan has outlined to take on enrollment disparities in school districts across the country. Political scientist Stephen Halpern in On the Limits of the Law documents the “perverse and insidiously negative” consequences of pursuing these goals through the courts. As another scholar Jeremy Rabkin noted in Judicial Compulsions, the interests of the students quickly got lost in a “fog of legalisms” to be replaced by the interests of advocacy groups allegedly acting on their behalf. Both authors emphasized the unintended consequences caused by judicial enforcement. In the case of Duncan’s announcement, the goal displacement rituals are practically limitless. At the very least, one can easily envision school districts putting unprepared students in AP classes simply to satisfy the Department of Education.
Fourth, as I show in Complex Justice, when experts and elites from afar try to determine what minority parents and children want and need they often have no idea what they are talking about. In Missouri v. Jenkins, when the court and its self-appointed experts tried to improve the quality of education for African American children in Kansas City they structured their reforms around what they thought middle-class white children would want. As a result, after spending more than $2 billion, educational outcomes declined and African American parents became outraged and actually led the effort to end the court’s attempt to help them. Focusing on college prep classes when many minority children are trapped in dysfunctional and failing urban school system will likely be met with a giant “huh?” from many parents.
We Need Fewer Teachers, Not More
In Sunday’s NYT, Elizabeth Green explains beautifully the challenges of classroom teaching, revealing both the critical importance of teaching talent and the extraordinary challenges of producing it. Bored students are ignoring assiduous efforts by hard-working but not particularly knowledgeable or pedagogically sophisticated instructors. Schools of education are driving off in the wrong direction, she tells us, and no one can quite figure out in advance how to give future teachers the tools to perform well at their trade. She says we will need millions of additional teachers to cover baby boom retirements, and wonders how we can find enough good ones.
The answer is that we can’t–not even with more effective education schools or elaborate merit pay programs or by ruthlessly dismissing ineffective teachers.
As I explain in Saving Schools: From Horace Mann to Virtual Learning, we need fewer teachers, not more, and those few teachers must reach thousands of students at a time. Fortunately, this possibility, once remote, is now arriving with a speed as rapid as that of the avatar-laden space ship zeroing in on the planet Pandora. As we enter the world of high-powered notebook computers, broadband internet connections, 3-dimensional curricula, open-source product development, and internet-based games, both co-operative and competitive, students will learn by accessing dynamic, interactive instructional materials that provide information to each student at the level of accomplishment he or she has reached.
Today, millions of students in brick-and-mortar classrooms are either bored because they already know the material being presented or confused because it is far beyond their contemporary level of comprehension. Teaching algebra to someone who cannot divide just doesn’t work.
Solving the teaching problem does not mean hiring millions of better teachers but finding new ways of reaching students directly. Teachers can then be used as coaches to help students access curricula created by the world’s most brilliant pedagogues–who in some cases may turn out to be students themselves.
New Book Review: Hanushek Reviews Ouchi on Total Student Load
Bill Ouchi is a management professor who studies school districts. His latest book provides an in-depth look at six school districts with high-profile leaders (including Rod Paige, Arne Duncan, Joel Klein, and Arlene Ackerman) who are all pursuing decentralization of decisionmaking and funding, a school reform strategy lauded by Ouchi in a previous book.
These six stories are compelling and informative, writes Rick Hanushek in a new review of the book, but the book’s thesis—that the key element of a school’s organization is the number of student that a teacher regularly sees (Total Student Load or TSL), and that if this number is small, achievement will be high—begs for serious empirical analysis. While the argument is compelling in an intuitive sense, Hanushek writes, it is unclear whether TSL is expected to have an impact while all other things (such as budget, teacher expertise, and curriculum) are held constant, or whether trading some of these attributes for a smaller TSL would enhance achievement.
Hanushek continues
Current discussions of the importance of teacher quality for achievement generally ignore such environmental features as district management and decisionmaking. Could it be that some of the observed variation in teacher quality really reflects unmeasured differences in the organizational features that Ouchi highlights in his case studies? These are testable propositions, and ones that could provide important insights into where the revolution in student achievement is most likely to occur.
For more see “Total Student Load: Maybe worth a longer look, but hardly a revolution,” by Eric Hanushek. A review of The Secret of TSL: The revolutionary discovery that raises school performance, by William G. Ouchi. Simon and Schuster, 2009, $26; 336 pages.
Book Alert: The Death and Life of the Great American School System
Diane Ravitch’s important new book, The Death and Life of the Great American School System, will surely stir controversy, exactly as she intends. For it embodies and expresses–with her characteristic confidence, style and verve–a fundamental change in her views about where U.S. K–12 education should be heading. Simply stated, she believes it should recapture the strengths of the traditional public school system, incorporate a vigorous common curriculum and renounce many of the theories, practices, policies and programs that have constituted America’s major education-reform emphases in recent years. More than a few of those are reforms that she herself had promoted in her writings, board memberships, speeches, media comments and government service.
She admits that she’s changed her mind.
Diane and I go back a very long way–three decades, give or take–and in addition to the personal friendship we have, during that period, shared a basic diagnosis of what’s awry in U.S. education. It boils down to this: Most kids aren’t learning nearly enough of the important stuff that they ought to be learning.
That was true in 1981, when we jointly launched the Educational Excellence Network, and it’s still true today. Our view of the central problem needing to be solved has, I believe, remained constant, and there is no daylight between us on that score.
We also share a number of disappointments and frustrations arising from reform efforts that have been mounted to solve that problem. Standards, in many places, have proven nebulous and low. “Accountability” has turned to test cramming and bean counting, often limited to basic reading and math skills. That emphasis, in turn, has diverted what was already weak-kneed attention to history, literature, art, etc. Efforts to rectify the “basic skills” problem have led to the folly of “21st-century skills” rather than a solid liberal arts curriculum. Textbooks, by and large, suck. No Child Left Behind has brought as many problems as solutions. Technology has wrought no miracles. Teacher education, with rare exceptions, is still appalling. Charter schools are uneven at best.
I could go on. A lot of innovations and reforms, meant to solve the underlying achievement problem, have failed to do so–hence our essentially flat test scores and graduation rates these past three decades–and some have had malign side effects. That’s what Diane reports, and in many areas I agree.
Yet when it comes to the future, we mostly disagree about what course America should follow. She has become more conservative, while I have become more radical.
She would undo most if not all of the “structural” reforms that have been put in place in recent years–mayoral control, performance-based pay, charter laws and other choice schemes, reliance on entrepreneurship and market incentives, federal efforts to incentivize and prod the system to change in constructive directions, testing- and results-based accountability and more. She would, instead, look to the “great American school system” and a (somehow) renewed culture and family structure to do right by our children.
Yes, she would augment that system with better-educated (and compensated) teachers, a strong core curriculum, a different (curriculum-based) approach to assessment, greater emphasis on behavior and attitudes and a number of collateral “social” changes such as better families and home environments. At the end of the day, however, she has concluded, after all the policy fumblings of the past couple of decades, that the public school system and its custodians and employees are best suited to make education decisions that will benefit the nation and its next generation.
I agree about the curriculum part but not much else. The failures of recent years have left me angrier than ever with that system, its adults-first priorities, its obduracy, inertia and greed, as well as its capacity to throw sand into the gears of every effort to set it right. Unlike Diane, I don’t trust teacher unions to do right by children (or to do right by great teachers, for that matter); I don’t expect locally elected school boards to put kids’ interests first; I see “neighborhood schools” as education death traps for America’s neediest youngsters; and I think the “Broader, Bolder” social-reform agenda is on the one hand naive (most of these things just aren’t going to happen on their own and can’t be made to happen) and on the other deeply mischievous (because it lifts responsibility from schools for all that they could and sometimes do accomplish pretty much single-handedly.)
Where I come out–you can read more in “The End of the Education Debate”–is that America needs not less education reform but far more fundamental and radical reform. I want every child to have quality school choices, I want stronger (and broader) external standards, I want more open paths to becoming an educator, I want empowered school leaders (really empowered, in ways that would also break the union stranglehold) who are compensated like CEOs, I want super pay for great instructors and no pay for incompetents, and I want a complete makeover of “local control.” The system needs a shakeup from top to bottom, not a restoration.
Diane thinks my prescription is guided by wishful thinking and unproven theories and would destroy an honorable and needed institution. I think that, while her analyses of past failures are often spot-on and frequently aligned with my own, her prescription for the future is guided by wishful thinking, nostalgia and unwarranted faith in an antiquated institutional arrangement that was already demonstrating its failure when we founded the Educational Excellence Network and has done nothing since to renew itself.
For all that, Diane and I still like and respect one another. We adore each other’s families. We agree about a thousand things outside of K–12 education. And we agree about what a good education consists of and why it’s crucial for everybody’s children. It’s the next fork in the road to that destination to which we are now headed–in different directions.
This piece originally appeared on Forbes.com.
Behind the Headline: Congress shouldn’t betray D.C. scholarship program
On Top of the News
Congress shouldn’t betray D.C. scholarship program
03/08/10 | The Washington Post
Behind the Headline
How Vouchers Came to D.C.
Fall 2004 | Education Next
A bipartisan coalition led by Sen. Joe Lieberman is calling on the Senate to restore the D.C. Opportunity Scholarship Program. An article by Spencer Hsu that appeared in Ed Next in 2004 described how the voucher program originally came about.
New Podcast: The New Normal for Federal Education Spending
Education Next’s Paul Peterson and Chester E. Finn, Jr. talk about whether the federal share of education spending is likely to remain at 15 percent and whether the $1 billion bonus for reauthorizing ESEA this year is likely to be awarded.
Click here to get the podcast.
Racing to the Jargon: Finalist’s Edition
As I note on Rick Hess Straight Up, yesterday’s announcement of the Race to the Top round one finalists prompted me to take another look at just what these exemplars promised.
It’s rarely been noted that RTT actually embodies two schools of reform. The first type of reform cracks open systems hampered by anachronistic statutes and policies. Thus, the enthusiasm (including my own) for RTT encouraging states to knock down data “firewalls” or lift charter caps. These measures don’t tell states or local officials what to do with the newfound freedom; they merely create the space in which to act. These are among the kinds of measures I tout in my new Education Unbound book as ways to create greenfield conditions.
However, there’s a more prevalent and conventional side to RTT that’s received less notice, namely, reform by specific prescription. For example, the requirements that states use data to improve instruction, intervene in low-performing schools, and provide effective support to teachers and leaders. This list of vague federal prescriptions is a call for compliance with what the Department deems the best practices of the moment and probably accounts for 85% or more of RTT scoring.
Whereas greenfield-style measures tend to be cut-and-dry–states either did or did not enact certain legislation–the prescriptive bulk of RTT is about promising to do things. Since this kind of compliance is about plans and intentions rather than actions, it’s harder to demonstrate. The usual result: proving commitment by piling up consultant-provided buzzwords and jargon. And the RTT apps are no exception.
New York’s 908-page application included some choice phrases. It promises, “An intense focus on curriculum and meaningful professional development based on student performance; data-drive instruction where teams develop individual student action plans based on data from formative and interim assessments; differentiated professional development and coaching based on data” (page 6).
It also declares that it will create “clear, content-rich, sequenced, spiraled, detailed curricular frameworks” (yes, five adjectives) for new assessments (page 10).
And, impressive for the sheer amount of jargon that could be wedged into a single sentence, New York’s app promises “to support differentiated professional development closely linked to student growth data, identify coaches and mentors using effectiveness ratings closely tied to student growth data, and build data-driven feedback loops between professional development, coaching/mentoring activities, and teacher effectiveness” (page 144).
Illinois’ 831-page application has a couple unique features. In a sloppy cut and paste job, the last three pages of appendix E2-2 are the same as three pages in A1-1. Both sections are titled “Illinois Partnership Zone: Transformation Criteria.” The application further boasts that “This is our path forward; it is unmistakably aggressive, distinctly sustainable, and it will be implemented successfully” (page 12).
The introduction to Ohio’s 874-page app boldly declares, “There is no better place to invest federal dollars to improve student outcomes than Ohio. The state is well-positioned to deliver more dramatic improvements in student achievement, faster and with greater certainty, than any other state” (page 11). (I’m curious to hear what the Fordham Institute’s Terry Ryan thinks of that).
As for Massachusetts, reviewers will be pleased to note that the state is, “Developing and retaining an effective, academically capable, diverse and culturally competent educator workforce” (page 13) and working to “reinforce the role of the principal as instructional leader and emphasize the importance of strategic, data-driven leadership” (page 116).
And one more, just for fun. Hard to believe that Wisconsin’s exertions failed to earn it finalist status. The application weighed in at a cool 664 pages. As you may recall from earlier in the week, this is the app that managed to use “professional development” 217 times. But that wasn’t all Wisconsin’s consultants had up their sleeve. No, sir! The state also made terrific use of “convene,” promising a stunning array of convenings for various and sundry (and ill-defined) purposes. The state promises to convene, to pick just a few:
• “The Milwaukee Public Schools Innovation and Improvement Advisory Council…” (page 69)
• “Regional economic workforce development groups…” (page 91)
• “A summit on education…” (page 93)
• “Faculty teams in English language arts and mathematics…” (page 104)
• “The Next Generation Assessment Task Force…” (page 535)
And, wait, that’s not all. The two-year plan to “Ensure that Wisconsin’s standards are college and career ready,” includes two additional convenings, “dissemination, discussion, and feedback sessions,” a pilot program, and a 6-month revision period before implementation. Remember the old joke about “I’d like a nothing burger, please?”
This list is anything but exhaustive. If you get a chance to take a look, would love to hear your own favorites–as I’m confident there’s hundreds or thousands of sentences funnier than anything I’ve proffered here.
[Please see the blog entries here and here and here and here and here and here and here for more discussion of the Race to the Top finalists.]
Evaluating the RTT Finalists
The Race to the Top finalists – 15 states plus the District of Columbia – do not have an equal chance of actually winning a Round One grant in the $4 billion competition.
Like a presidential candidate who interviews many more vice presidential candidates than actually are under serious consideration, I suspect the Education Department was intentionally over-inclusive. A likely scenario is for a half dozen or so winners in the end, with the rest invited back to apply in Round 2, for which applications are due by June 1, 2010.
The Education Department tipped its hand when it indicated today that “no more than half of the money will be awarded in phase 1 to ensure a robust competition in phase 2,” a practical consideration I predicted in a pre-announcement analysis in City Journal.
I would sort the finalists in three groups: three “highly competitive” states (Florida, Louisiana, Tennessee), three “competitive” states (Colorado, Georgia, and Delaware), and 10 likely Round 1 losers (D.C., Illinois, Kentucky, Massachusetts, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, and South Carolina).
The “highly competitive” and “competitive” applications alone could use up almost $2 billion of the $4 billion available. Another small state might be squeezed in, but it would be difficult to grant full awards to these six states and also award a large state like New York $700 million or so.
Highly Competitive:
Over the past decade, Florida has consistently been among the nation’s most aggressive education-reform states. Among the pluses: Florida’s excellent accountability system for schools; a longitudinal database containing student data from pre-K through age 20; a strong charter-school law; special-education vouchers; and a tax-credit program for corporate donations to private-school scholarship programs. Florida’s application also provided the best “gap analysis”—that is, it identified precisely the next steps that the state would need to take to meet its Race to the Top expectations.
Louisiana, meanwhile, has been using a value-added model to track student achievement for three years. It has also participated in the development of the Common Core Standards initiative; created alternative-certification routes that allow organizations other than education schools to give teachers credentials; improved its teacher pipeline through strong partnerships with the New Teacher Project and Teacher for America; and experimented with performance-based compensation in 41 school districts.
The Tennessee Value-Added Assessment System (TVAAS) has amassed 18 years of longitudinal data on student progress—an important advantage, given the importance that Race to the Top places on data. Tennessee Governor Philip Bredesen, a Democrat, also pushed through a strengthened charter-school law and a law requiring districts to base at least 50 percent of their teacher evaluations on student test results and 35 percent on data from TVAAS.
Competitive:
Colorado, already had a number of innovations in place before applying. They included Denver’s Pro-Comp plan, widely viewed as the nation’s most comprehensive teacher-performance pay system; statewide open enrollment (meaning that students can attend public schools in other districts); a standards-based assessment and school accountability system; and a strong charter-school law with no cap and with funding for charter-school facilities.
Georgia has a strong track record of reform, including an overhaul of the state’s performance standards; redevelopment of state exams; uniform standards for high school graduation; and a law that has led to the approval of 27 alternative providers of teacher certification. Georgia also has one of the strongest charter-school laws in the nation, including no cap.
Delaware offers an opportunity to implement Race to the Top reforms in a relatively small state, with just 126,800 students. One of just 11 states that meet all ten of the Data Quality Campaign’s “essential elements” for state data systems, Delaware already has a longitudinal system in place that links student test results to individual teachers. The state also has a uniform system for evaluating educators, providing consistent ratings across districts.
Other States:
The remaining states are not out of the running, but they clearly are less worthy than the top six states. D.C., and Rhode Island offer charismatic educational leaders but weak track records. Massachusetts has strong standards and high NAEP test results, but a weak charter-school law with multiple levels of restrictions. New York has a very strong application, but it’s data firewall is still on the books and it has been unable to lift its charter-cap in the midst of various unrelated but distracting political scandals. Ohio has failed to ensure quality in its chartering authorizing. Illinois may be home to the President and where the Education Secretary cut his teeth, but it simply is not a first tier state in this application process.
Thomas W. Carroll is President of the Foundation for Education Reform & Accountability.
[Please see the blog entries here and here and here and here and here and here for more discussion of the Race to the Top finalists.]
The Gates Conspiracy
A perceptive reader pointed this out to me. The Bill & Melinda Gates Foundation originally provided 15 states with $250,000 planning grants to help them prepare their Race to the Top applications. After a firestorm of controversy, Gates made similar grants available to the other states. But note this:
Original Gates States:
Arkansas, Arizona, Florida, Georgia, Kentucky, Louisiana, Massachusetts, Minnesota, New Mexico, New York, North Carolina, Ohio, Pennsylvania, Tennessee, and Texas.
Round I finalists:
Colorado, Delaware, the District of Columbia, Florida, Georgia, Illinois, Kentucky, Louisiana, Massachusetts, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, and Tennessee
Overlap:
Colorado, Delaware, Florida, Georgia, Kentucky, Louisiana, Massachusetts, New York, North Carolina, Ohio, Pennsylvania, and Tennessee
(12 10 out of 16)*
That’s an awfully strong correlation. The question is why. Did the early planning grants give these states an unfair advantage? Was the Administration trying to tow the line with Gates? Or, more likely, did Gates place its bets on likely winners from the start? I’d be curious to know what others think.
*CORRECTION (March 5 at 9:17 am): I must have a counting disability because obviously Colorado and Delaware were not on the original Gates list. So that means 10 of 16 were original Gates states. Our put another way, out of the Gates 15, 10 won grants and 1 (Texas) decided not to apply. Just Arkansas, Arizona, Minnesota, and New Mexico missed the cut.
[Please see the blog entries here and here and here and here and here and here for more discussion of the Race to the Top finalists.]
Go New York
As I noted on Rick Hess Straight Up, sixteen Race to the Top finalists, huh? Secretary Duncan has repeatedly told us to watch what he does, not what he says, once declaring, “It’s going to be a very, very high bar. People won’t believe it until we do it. Obviously, hold us accountable for sticking to that.” Okay, I’m watching. On his signature program, the one that made palatable a hundred billion dollars in subsidies for the status quo, Duncan just declared that 40 percent of the applicants are finalists. So, I’m watching, but so far I’m not impressed.
[Please see the blog entries here and here and here and here and here and here for more discussion of the Race to the Top finalists.]
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