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Lexus or Yugo? Debating NCLB Reauthorization


Is the federal “No Child Left Behind” law a Lexus, as members of Congress think, or is it a broken down old Yugo, as the National Conference of State Legislatures (NCSL) thinks? By framing NCSL’s view of the statute in this way David Shreve set up a lively discussion at the Quality Education Conference in Washington, D.C., held on June 5 and 6, 2006. After hearing from representatives of three national organizations, Sarah Rittling, Education/Labor Counsel to Congressman Castle, Chair of the House Subcommittee on Education Reform, addressed the audience of advocates from 38 states. She indicated that Congress will amend NCLB in ways yet to be determined, and she explained the process for reauthorization, which has begun recently with hearings before the full House Committee on Education and the Workforce.

Presenting their organization’s perspective in the Looking Ahead to NCLB Reauthorization plenary were: Amanda Broun, Senior Vice President of the Public Education Network (PEN); David Shreve, Senior Committee Director for the National Conference of State Legislatures (NCSL); Reginald Felton, Director for Federal Relations at the National School Boards Association (NSBA); and Sarah Rittling. Jan Resseger, Minister for Public Education at the United Church of Christ (“UCC”), moderated.

Ms. Resseger framed the discussion in terms of whether NCLB, whose stated goal is educational equity, advances a vision of justice that guarantees a full opportunity for all to participate in civic life. Citing both the UCC’s Ten Moral Concerns in the Implementation of No Child Left Behind and the Campaign for Educational Equity’s paper, Opportunity Knocks, she questioned whether NCLB, in failing to address the inequities lying at the root of failure of most of these schools, can truly aid in reducing inequality of achievement.

All the panelists agreed that NCLB is an important public statement that all children can learn at high levels and should receive the “equal opportunity for a high quality education.” However, panelists expressed concern that the challenges in implementing of the law may undermine its goals.

Public Education Network

PEN is a network of local education funds, primarily in high poverty areas, working on behalf of 11 million children in 1,600 school districts. For the past two years, PEN has held public hearings on NCLB in nine locations across the nation. The results of the hearings and recommendations are published in reports entitled “Open to the Public: The Public Speaks Out on No Child Left Behind.” PEN sought the opinions and experiences of parents, students and community members in order to give voice to those directly affected by the law but who often have little opportunity to be heard. PEN believes that Congress and state officials need to heed the public’s perspectives in the NCLB reauthorization process. The hearings revealed that while the public supports accountability, they feel that NCLB’s accountability is too narrowly focused on public schools alone. In addition, members of the public testified that NCLB’s basis for measuring school quality, one yearly test per grade, was too thin. Similar concerns were voiced by students over NCLB’s requirements for highly qualified teachers, which often did not match their perceptions of teacher quality. Community members also lamented the lack of capacity for districts to implement NCLB. Students, parents, and communities made it clear during PEN’s hearings that NCLB ignores many of the real challenges they face, and its accountability provisions fail to accurately distinguish between a school’s successes and failures. Only by opening its eyes to the true needs of struggling students, schools, and communities will NCLB ever succeed in its goal of raising the achievement levels of all children

NCSL

The National Council of State Legislatures is a bipartisan organization that serves the legislatures of all 50 states. David Shreve presented some of the major findings of the organization’s report on NCLB, released in February 2005. NCSL concluded that the NCLB measure of student performance and school quality, Adequate Yearly Progress (AYP), is flawed and does not give an accurate picture of either. Mr. Shreve cited several studies across the country that predicted that eventually most schools will fail to make AYP and be subject to NCLB sanctions. Questioning the efficacy of NCLB sanctions in improving schools, Mr. Shreve contrasted state accountability programs, which are designed to diagnose and correct a problem with the NCLB approach, which identifies a school as failing, then punishes that school. The NCSL report also concluded that NCLB was underfunded, in that the 2% increase in federal funds to states under NCLB just covers the administrative costs of NCLB, as opposed to the much larger cost of teaching children so that they can meet state academic standards.

NSBA

NSBA is a federation of state school boards associations. NSBA’s Reginald Felton contended that, like the movie of the same name, “NCLB has some good, some bad, and some ugly” in it. While NSBA welcomes accountability, he said, Mr. Felton questioned whether NCLB can help students achieve. He echoed the comments of the earlier panelists regarding AYP, pointing out that it results in unnecessary blame being targeted at specific groups. NSBA joined over 80 other organizations in signing the Joint Organizational Statement on No Child Left Behind (NCLB) Act, which sets forth recommendations in the areas of AYP, assessments, capacity, sanctions and funding. Mr. Felton warned that if Congress does not address needed changes in the law, the credibility of NCLB will erode, as will confidence in public schools.

Representative Michael Castle’s (R-DE) Senior Staffer Joined the Discussion

Sarah Rittling reported that the House is holding hearings on the following topics: integration, innovative teaching methods, AYP, subgroup size, growth models for measuring school quality, assessments, Limited English Proficiency and Students with Disabilities, parental involvement, and the NCLB provisions dealing with Supplemental Educational Services and school transfers. She asserted that, from the point of view of Representative Castle, NCLB is not going anywhere. Despite the growing criticism of the law, Representative Castle draws motivation for continuing his support from stories he reads about individual teachers and school officials who are trying to make the law work. Ms. Rittling shared that the primary thing Representative Castle would like to change about the law is the labeling by the press and others of schools which have not made AYP as “failing” schools. In his belief, these schools are not failing; rather they just need a little help.

Predictions About the Future of NCLB

The speakers seemed to agree that NCLB is here to stay. Amanda Broun pointed out that Congress should not retreat from the position that all children can and should achieve proficiency. David Shreve and Reggie Felton agreed with that goal. However, Mr. Shreve and Mr. Felton were not optimistic that any major changes, of the type that are called for by their organizations, will occur during NCLB reauthorization. Mr. Shreve closed by reiterating that Congress believes that NCLB is a great vehicle for reform, like a Lexus which requires only a wash and wax, while in the opinion of NCSL, the country has been handed an ill-equipped Yugo.

Prepared by Wendy Lecker, June 12, 2006