Education reform from the top down: the federal government early this year passed the most comprehensive education legislation in recent memory. But there are many questions and few answers about the ramifications for states.Strong bipartisan approval and public praise greeted reauthorization of the federal Elementary and Secondary Education Act “Title I” redirects here. For other uses of "Title I", see Title I (disambiguation). The Elementary and Secondary Education Act (ESEA) (Pub.L. 89-10, 79 Stat. 77, ) is a United States federal statute enacted April 111965. (ESEA ESEA Elementary and Secondary Education Act ESEA E-Sports Entertainment Association ESEA Eurocopter South East Asia ), now known as the No child Left Behind Act The No Child Left Behind Act of 2001 (Public Law 107-110), commonly known as NCLB (IPA: /ˈnɪkəlbiː/), is a United States federal law that was passed in the House of Representatives on May 23, 2001 (NCLB NCLB No Child Left Behind (US education initiative) ). Less than a year after taking office, President George W. Bush signed his top domestic agenda item--comprehensive education reform, signifying a fundamental change in the federal government's role in the nation's K -12 education system. Republicans, who had long advocated a diminished role for the U.S. Department of Education, and Democrats, who had vowed to reject sanctions against poor performing schools, reversed their traditional positions and joined forces with the president. It was a welcome relief to all since prior efforts to address these issues brought spectacular partisan failures that drove a wedge between Congress and the Clinton administration Noun 1. Clinton administration - the executive under President Clinton executive - persons who administer the law . U.S. Senator Edward Kennedy, a Democrat, was the prime Senate sponsor and President Bush's new ally on education. With overwhelming congressional support and only 51 dissenting votes, (41 in the Republican House and 10 in the Democratic Senate) what could possibly concern state legislators about the law? The answer is ambiguous: It depends on your perspective. WHAT DOES THE LAW DO? The intent of the law is to hold schools, districts and states accountable for every student's performance and address the achievement gap between wealthy majority and poor minority kids. Built on the 1994 Improving America's Schools Act, which initiated a system of standards and testing for Title I students (poor and disadvantaged kids), this new act goes further. The two aspects of the law most widely talked about are the accountability and testing requirements. Based on the Texas model of standards and annual testing, states will have to adopt rigorous academic standards and annually test all students in grades three through eight in reading and math by 2005-2006. Currently, all states have standards in mathematics and reading except Iowa, which has district-level standards. As of this spring, however, only 15 states met the new testing requirements. States have to adopt science standards by 2005-2006. Fortunately, most already have them in place. The law also requires states to test all students in science once in grades three through five, six through nine and 10 through 12 by 2007-2008. States and school districts must have distributed school report cards by the beginning of this school year. All states must participate in the National Assessment of Educational Progress The National Assessment of Educational Progress (NAEP), also known as "the Nation's Report Card," is the only nationally representative and continuing assessment of what America's students know and can do in various subject areas. fourth and eighth grade reading and math tests. ADEQUATE YEARLY PROGRESS Adequate Yearly Progress, or AYP, is a measurement defined by the United States federal No Child Left Behind Act that allows the U.S. Department of Education to determine how every public school and school district in the country is performing academically. The act requires states to define adequate yearly progress or annual performance targets that ensure all students are proficient pro·fi·cient adj. Having or marked by an advanced degree of competence, as in an art, vocation, profession, or branch of learning. n. An expert; an adept. in 12 years. Student performance, analyzed and reported by socioeconomic and demographic groups, including economically disadvantaged students, major racial or ethnic groups, students with disabilities and English language English language, member of the West Germanic group of the Germanic subfamily of the Indo-European family of languages (see Germanic languages). Spoken by about 470 million people throughout the world, English is the official language of about 45 nations. learners, is expected to gradually improve until all groups are 100 percent proficient. Failure of any student group or subgroup sub·group n. 1. A distinct group within a group; a subdivision of a group. 2. A subordinate group. 3. Mathematics A group that is a subset of a group. tr.v. to progress incurs increasing penalties the longer a school or district fails to meet the goals. This includes allowing parents to enroll their children in better public schools if their present schools have two years of inadequate performance; portable Title I grants for families to purchase supplemental tutoring services for students attending schools that are considered failing for three years; and reorganization of the school, its curriculum and staff after four years. And what about the sanctions for poor performing schools? Initial versions were rejected by congressional conferees because the yearly progress net had been cast too wide. Conferees reworked the scope of that "net" before final passage. In the new, lower threshold actual state estimates of the progress standard indicate 70 percent to 80 percent of schools will be classified as failing. The law also takes on teaching quality. It mandates that all new teachers hired with Title I funds be highly qualified by the current school year and that all teachers in core academic subjects be highly qualified by 2005-2006. To comply, states must submit their definitions and gain approval from the U.S. Department of Education. READING IN THE EARLY YEARS The new law emphasizes reading for primary kids through two initiatives--Reading First and Early Reading First, which pleases New Jersey Assemblyman as·sem·bly·man n. A man who is a member of a legislative assembly. assemblyman Noun pl -men a member of a legislative assembly Noun 1. Craig Stanley Craig Stanley (born March 3, 1983 in Bedworth, England) is an English footballer. His position is midfield. He was signed by Sammy McIlroy for Morecambe at the beginning of the 2006-7 season. . "Early reading is the foundation for learning and if you don't have a strong foundation you have a much higher rate of failure later on," he says. Replacing the Reading Excellence Act, Reading First gives money to states and districts to improve instruction for kids in kindergarten through third grade. At least 80 percent of the money must go to districts with priority given to high poverty areas with a large percentage of students reading below grade level. States must show improvement in reading scores or risk their funding after three years. Early Reading First is a small, federally administered competitive grant program and focuses on the pre-kindergarten years. Both require states to provide instruction grounded in scientifically based research Scientifically based research or SBR is the required standard in professional development and the foundation of academic instruction under the guidelines of No Child Left Behind Act of 2001 (NCLB).[1] References 1. . SO WHAT'S THE PROBLEM? The new federal education act is somewhat like the three blind men and the elephant, similar to a nail and could be a case of the tail wagging the dog. The Elephant: Three blind men stumble upon an elephant. The first wraps his arms around the elephant's leg and proclaims it a tree. The second grabs the trunk and declares it a snake. The third holds onto the tail and is convinced it's a vine. All are honestly, convincingly and thoroughly incorrect--Indian fable Student testing, higher expectations, options for children in poor performing schools: These provisions seem straightforward, obvious and tangible. But like the blind men, perspective and interpretation play a huge role in perception of the requirements of the new law. Supporters see the federal jump-start of standards-based reforms as the only way to ensure that all students get a quality education. "There's no excuse for an 18-year-old reading at a fourth grade level," says Ohio Senator Robert Gardner, a former inner city educator. "No Child Left Behind is a very positive step that puts the emphasis on reading and math early in a child's education to help remedy the achievement gap. The new law also fits into New Jersey's plans. "We're somewhat ahead of the curve because we were ordered by the state supreme court to address the achievement gap," Stanley says. "No Child Left Behind hopefully will direct some additional resources to that effort." Detractors say states have already developed standards, and the federal government shouldn't preempt pre·empt or pre-empt v. pre·empt·ed, pre·empt·ing, pre·empts v.tr. 1. To appropriate, seize, or take for oneself before others. See Synonyms at appropriate. 2. a. the process or the results, especially without full funding. They've seen state reforms without federal mandates and without the resulting shift in the balance of powers those mandates create. "The standards and assessments that Idaho has in place already have a great deal of support, and now the federal government is saying we have to do it a specific way," says Idaho Representative Doug Jones. "This will set us back about a year because we're going to have to go back and change the way we do things to comply with NCLB." New Hampshire New Hampshire, one of the New England states of the NE United States. It is bordered by Massachusetts (S), Vermont, with the Connecticut R. forming the boundary (W), the Canadian province of Quebec (NW), and Maine and a short strip of the Atlantic Ocean (E). Representative Neal Kurk is concerned that the law is an attempt by the federal government to take over a function traditionally held by the states. "With the best of intentions, Congress may be imposing a one-size-fits-all approach that will end up being harmful," he says. There also appear to be significant unfunded mandates An unfunded mandate is a statute that requires government or private parties to carry out specific actions, but does not appropriate any funds for that purpose. Examples "On the surface," says Kansas Senator John Vratil, "the motives appear laudable laud·a·ble adj. Healthy; favorable. , but the devil is in the details. NCLB imposes another series of unfunded mandates on states and school districts, which may greatly exceed the mandates of the IDEA [Individuals with Disabilities Education Act  Some statements may be disputed, incorrect, , biased or otherwise objectionable. Jones agrees with the theory behind the act, but believes that practically speaking, many of the provisions don't work, especially in a rural state. "If a school is deemed in need of improvement and must offer the student an option of attending another school, there simply may not be a place to send the student within 50 miles," he says. "Open enrollment may work in Boise, but it certainly doesn't in Fairfield because there's nowhere else to go." As people debate the merits of the act, an important question is whether the new law can accomplish what it intends. And, if it can, at what cost, not only in fiscal terms, but also in any toll it exacts on education reforms already begun in states. Nevada Senator Ann O'Connell, who spent five years on her state's standards commission, is concerned that their work will be wasted. "1 have no problem with the concept," she says, "but we know how much time, money and effort we have expended ex·pend tr.v. ex·pend·ed, ex·pend·ing, ex·pends 1. To lay out; spend: expending tax revenues on government operations. See Synonyms at spend. 2. without knowing whether our standards, testing and levels of proficiency will be accepted. I feel like we're playing a game without knowing the rules." The Nail: When the only tool you have is a hammer, every problem starts to look like a nail--Japanese proverb proverb, short statement of wisdom or advice that has passed into general use. More homely than aphorisms, proverbs generally refer to common experience and are often expressed in metaphor, alliteration, or rhyme, e.g. Contemporary school reform efforts at both the state and federal levels are based on the 1988 summit called by President George H.W. Bush Noun 1. George H.W. Bush - vice president under Reagan and 41st President of the United States (born in 1924) George Herbert Walker Bush, President Bush, George Bush, Bush and subsequently used by then-Arkansas Governor Bill Clinton as a stepping stone to the presidency. The summit publicized pub·li·cize tr.v. pub·li·cized, pub·li·ciz·ing, pub·li·ciz·es To give publicity to. Adj. 1. publicized - made known; especially made widely known publicised the value of academic content standards and assessments as a critical component of school improvement. States wholeheartedly whole·heart·ed adj. Marked by unconditional commitment, unstinting devotion, or unreserved enthusiasm: wholehearted approval. whole embraced the concept and embarked on ambitious standards-based reforms. The leap from encouraging the process to requiring states to develop standards and assessments and apply them to Title I students was made in the 1994 Improving America's Schools Act. Many state officials howled at what they said was an unwelcome intrusion of the federal government into state education policy. The reach of that law's hammer was limited, however, by its primary focus on Title I students, specific prohibitions against national tests, a seven-year implementation schedule and reluctance on the part of the federal government to penalize pe·nal·ize tr.v. pe·nal·ized, pe·nal·iz·ing, pe·nal·iz·es 1. To subject to a penalty, especially for infringement of a law or official regulation. See Synonyms at punish. 2. states that failed to fully comply. When No Child Left Behind was signed into law nearly eight years later, only 17 states were in compliance. In the 37-year history of federal education programs, according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. a recent General Accounting Office report, the federal government has never held money back from a state for noncompliance noncompliance failure of the owner to follow instructions, particularly in administering medication as prescribed; a cause of a less than expected response to treatment. noncompliance . TESTING FOR ALL With the precedent set in the 1994 act, the incremental Additional or increased growth, bulk, quantity, number, or value; enlarged. Incremental cost is additional or increased cost of an item or service apart from its actual cost. next step in the reauthorization of federal education law was to expand the standards-driven testing required of disadvantaged students to all kids, including the 68 percent who never come close to a Title I dollar. The federal government makes this leap by structuring the universal testing requirement (and other aspects of NCLB) as a "condition of grant." In other words Adv. 1. in other words - otherwise stated; "in other words, we are broke" put differently , if a state accepts federal money, the federal government may require it to do just about anything as a condition of taking that money--even if the requirement is not directly related to the core purposes of the federal program. And yes, the United States Supreme Court United States Supreme Court: see Supreme Court, United States. has upheld this interpretation. IS TESTING THE ANSWER? Many see testing as the best way to increase student achievement. It's relatively easy to do, available, quick and already part of existing federal law. So it's not surprising that the accountability and testing provisions could be considered the most important and demanding aspects of NCLB--and also the most preemptive pre·emp·tive or pre-emp·tive adj. 1. Of, relating to, or characteristic of preemption. 2. Having or granted by the right of preemption. 3. a. of state authority. These requirements, however, raise an important question. Does testing improve student performance? Some say that measuring student performance is like measuring student height--it tells you how tall a kid is without identifying how to make a kid taller or how short the kid was to begin with. By itself, academic testing may show us where a problem lies, but it doesn't offer a way to fix it. Other challenges associated with testing include: * Cost--States collectively spent $400 million to test students in 2001. Compliance costs are estimated at about $1 billion per year, and federal appropriations are $400 million. States will not only have their testing appropriations hijacked, but will also be expected to make up the shortfall. * Comparison--States cannot be compared because each state establishes its own definition of proficiency. * Contrariness--There may be perverse incentives A perverse incentive is a term for an incentive that has an unintended and undesirable effect, that is against the interest of the incentive makers. Perverse incentives by definition produce negative unintended consequences. to lower standards because of testing, performance requirements and federally mandated sanctions. * Consequences for special education--There may be more referrals to special education to allow for accommodated testing. Although the experts may disagree about the utility of testing, most agree that it can be a step toward accountability, particularly if combined with effective remediation. Proponents are the first to stand up and say that testing is the way to hold schools, districts and states accountable while ensuring that all students receive a good education. WHAT IF STATES DON'T COMPLY? Such sweeping legislation begs the question--what if a state doesn't comply? The quick answer is that a state would not receive federal Title I funding. Further, if a state doesn't comply with the accountability and assessment provisions, the secretary of education may withhold with·hold v. with·held , with·hold·ing, with·holds v.tr. 1. To keep in check; restrain. 2. To refrain from giving, granting, or permitting. See Synonyms at keep. 3. up to 25 percent of the administrative costs administrative costs, n.pl the overhead expenses incurred in the operation of a dental benefits program, excluding costs of dental services provided. appropriated. Since, on average, about 40 percent of the administrative costs in states are paid in federal funds Federal Funds Funds deposited to regional Federal Reserve Banks by commercial banks, including funds in excess of reserve requirements. Notes: These non-interest bearing deposits are lent out at the Fed funds rate to other banks unable to meet overnight reserve , this could have a significant effect on state fiscal policy. If an education agency loses 10 percent of its funding (25 percent of 40 percent) while its role is being expanded, legislatures should expect to see requests for the state to make up the difference in appropriations. Dog's tail: Sometimes it's the case of the tail wagging the dog--American idiom The top-down, prescriptive pre·scrip·tive adj. 1. Sanctioned or authorized by long-standing custom or usage. 2. Making or giving injunctions, directions, laws, or rules. 3. Law Acquired by or based on uninterrupted possession. nature of federal education reforms has led to a long-standing characterization of federal education policy as the tail that wags the dog. For its 7 percent contribution to annual K-12 funding, federal law leverages enormous power over state education and fiscal policy. The new law, moving as it does into a traditionally local and state policy area greatly enhances the federal role. And the balance of power within the state government may be in jeopardy. Imagine a playground merry-go-round with the players being the key state education policymakers--the legislature, governor, state board, local school boards and the state agency all in some unique form of equilibrium. No Child Left Behind may be the 600-pound gorilla gorilla, an ape, Gorilla gorilla, native to the lowland and mountain forests of western and central equatorial Africa. It is the largest of the apes, the males reaching a height of 5 to 6 ft (150–190 cm) with a 9-ft (144–cm) arm spread. that has just jumped on next to your state education agency, throwing all others aside. "The more we move toward a centralized system In telecommunications, a centralized system is one in which most communications are routed through one or more major central hubs. Such a system allows certain functions to be concentrated in the system's hubs, freeing up resources in the peripheral units. , the more parents feel alienated al·ien·ate tr.v. al·ien·at·ed, al·ien·at·ing, al·ien·ates 1. To cause to become unfriendly or hostile; estrange: alienate a friend; alienate potential supporters by taking extreme positions. and the less involved they become," says Senator O'Connell. By bestowing money and authority directly to the state education agencies, it leaves legislatures with a much less influential role in setting state education agendas. Or to return to our idiom, the federal tail just had a shot of steroids steroids, class of lipids having a particular molecular ring structure called the cyclopentanoperhydro-phenanthrene ring system. Steroids differ from one another in the structure of various side chains and additional rings. and is about to thrash thrash - To move wildly or violently, without accomplishing anything useful. Paging or swapping systems that are overloaded waste most of their time moving data into and out of core (rather than performing useful computation) and are therefore said to thrash. the dog from one corner of the policy arena to the other. Whether this change is for the good of struggling students is yet to be seen. WHERE DO STATES GO FROM HERE? Legislators already are looking for Looking for In the context of general equities, this describing a buy interest in which a dealer is asked to offer stock, often involving a capital commitment. Antithesis of in touch with. ways to ensure that their states don't lose their Title I funds. New Mexico New Mexico, state in the SW United States. At its northwestern corner are the so-called Four Corners, where Colorado, New Mexico, Arizona, and Utah meet at right angles; New Mexico is also bordered by Oklahoma (NE), Texas (E, S), and Mexico (S). Representative Rick Miera is consulting with colleges and universities to find out what they need before the legislative session, specifically in terms of how they can be ready for an influx of teachers and paraprofessionals going back to school to become highly qualified. "I've never been a fan of reinventing the wheel Reinventing the wheel is a phrase that means a generally accepted technique or solution is ignored in favor of a locally invented solution. To "reinvent the wheel" is to duplicate a basic method that has long since been accepted and even taken for granted. ," says Ohio's Gardner, "so states should look at what other states are doing and how they are successfully complying with No Child Left Behind." But Senator Vratil, an attorney in his day job, has a more ominous and longer term concern. He says the law now sets a federal-state standard for an adequate education and that could open the door to lawsuits in federal courts challenging school finance systems. "If so," he says, "'No Child' will be significant in ways that no one ever imagined." TITLE I SCHOOLS IN NEED OF IMPROVEMENT School districts now must publicize which schools are not making sufficient academic progress. U.S. Secretary of Education Rodney Paige announced in July that students in more than 8,600 schools across the country may choose to attend a better performing school in their district if the school they currently attend has failed to meet state academic standards for two years in a row. Michigan and California have the most low-performing schools, with Arkansas and Wyoming both reporting none. These totals are based on information provided to the U.S. Department of Education by the states before NCLB was enacted. Although this comparison may seem useful on the surface, each state sets its own level of "proficiency" and determines the number of schools failing to meet that goal. The numbers from state to state are not comparable, but may provide some insight into how each interprets proficiency. State Failing Schools School Year Alabama 57 2001-2002 Alaska 11 2000-2001 Arizona 344 1999-2000 Arkansas 0 2000-2001 California 1,009 2000-2001 Colorado 154 2001-2002 Connecticut 28 2000-2002 Delaware 20 2001-2002 District of Columbia 12 2000-2001 Florida 246 2000-2001 Georgia 625 2000-2001 Hawaii 85 2001-2002 Idaho 88 2001-2002 Illinois 435 2000-2001 Indiana 97 2000-2001 Iowa 26 2000-2001 Kansas 118 2000-2001 Kentucky 107 2000-2001 Louisiana 24 2000-2001 Maine 19 2000-2001 Maryland 118 2001-2002 Massachusetts 259 2000-2001 Michigan 1,513 2000-2001 Minnesota 79 2000-2001 Mississippi 122 2000-2001 Missouri 63 2002-2003 Montana 68 2000-2001 Nebraska 105 2000-2001 Nevada 19 2000-2001 New Hampshire 4 2000-2001 New Jersey 274 2000-2001 New Mexico 63 2000-2001 New York 529 2000-2001 North Carolina 17 2001-2002 North Dakota 20 2000-2001 Ohio 760 2000-2001 Oklahoma 33 2000-2001 Oregon 9 2001-2002 Pennsylvania 256 2000-2001 Puerto Rico 234 2001-2002 Rhode Island 34 2000-2001 South Carolina 31 2000-2001 South Dakota 13 2000-2001 Tennessee 132 2001-2002 Texas 121 2000-2001 Utah 22 2001-2002 Vermont 28 2001-2002 Virginia 35 2000-2001 Washington 60 2001-2002 West Virginia 13 2001-2002 Wisconsin 113 2001-2002 Wyoming 0 2000-2001 Source: U.S. Department of Education RELATED ARTICLE: A HIGHLY QUALIFIED TEACHER IN EVERY CLASSROOM The federal government has created some challenges for states by mandating that all new teachers hired with Title I funds be highly qualified by the current school year and all teachers in core academic subjects be highly qualified by 2005-2006. To be considered highly qualified: * All public school teachers must be fully licensed or certified See certification. by the state and may not have had any requirements waived on an emergency, temporary or provisional basis. * New public elementary school elementary school: see school. teachers must have at least a bachelor's degree and pass a state test on subject knowledge and teaching skills in reading, writing, math and other areas of elementary school curriculum. * New secondary school teachers must have at least a bachelor's degree and show competency COMPETENCY, evidence. The legal fitness or ability of a witness to be heard on the trial of a cause. This term is also applied to written or other evidence which may be legally given on such trial, as, depositions, letters, account-books, and the like. 2. in each of the academic subjects taught or complete an academic major or coursework coursework Noun work done by a student and assessed as part of an educational course Noun 1. coursework - work assigned to and done by a student during a course of study; usually it is evaluated as part of the student's equivalent to a major, a graduate degree or advanced certification. * Public school teachers for all grades must have at least a bachelor's degree and meet the same requirements or demonstrate competency in all subjects taught. Competency is based on an objective state evaluation of the teacher's knowledge of the subject taught and can consider time spent teaching the subject. "Nationally, 6 percent of teachers are teaching while being waived from certification or licensure licensure (lī´s  nsh requirements and are therefore
not highly qualified according to new federal standards, but that ranges
from virtually none in several states to as much as 16 percent in
others," says Eric Hirsch, executive director of the Alliance for
Quality Teaching in Denver, Colo. "In California and Louisiana,
almost one-quarter of all teachers in high poverty districts are on
waivers."
Helping so many teachers become qualified won't be easy. With shortages in areas such as foreign language and special education, states will face even greater challenges finding teachers to fill these classrooms. New Mexico is facing just such a dilemma, but Representative Rick Miera is looking to the No Child Left Behind Act to improve the situation. "I see the act as a wake-up call for a few of the issues the Legislature has been trying to agree on and solve in education," he says. "One of those is putting highly qualified teachers in classrooms. This is the national call for states to accomplish it." The law also gives states a chance to reexamine re·ex·am·ine also re-ex·am·ine tr.v. re·ex·am·ined, re·ex·am·in·ing, re·ex·am·ines 1. To examine again or anew; review. 2. Law To question (a witness) again after cross-examination. how they certify teachers. "The law creates an opportunity for states to create a true 'profession' for teachers by establishing a common definition of highly qualified for the first time," says Tim Dedman, a policy analyst with the National Education Association, "I haven't heard anyone complain that the standards for teachers are set too high, but the timelines and money given to reach the goals may not be reasonable." Paraprofessionals, or teacher's aides "Teacher's Aide" is an episode of the television series The New Twilight Zone. Cast
n. An academic degree conferred by a two-year college after the prescribed course of study has been successfully completed. or passing a state test. "NCLB has really created a dilemma for states because it's asking people who make minimum wage to meet these new requirements," says Dedman. "It'll probably have a greater impact on paraprofessionals than any other group because there's a possibility that districts will seek an easy way out and simply not employ them anymore." Every legislator LEGISLATOR. One who makes laws. 2. In order to make good laws, it is necessary to understand those which are in force; the legislator ought therefore, to be thoroughly imbued with a knowledge of the laws of his country, their advantages and defects; to should keep in mind the difficulty of raising hiring standards for both teachers and aides without also raising salaries. And there's probably not going to be a dedicated stream of federal dollars to do so. Demaree Michelau and David Shreve are education specialists at NCSL NCSL National Conference of State Legislatures NCSL National College for School Leadership NCSL National Conference of Standards Laboratories NCSL National Council of State Legislators NCSL National Computer Systems Laboratory (NIST) . |
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