The changing odds on ESEA reauthorization

Over the past few months, I have written numerous blogs about the need for reauthorization of the Elementary and Secondary Education Act (ESEA), also known as No Child Left Behind (NCLB). 

This past week, I joined 48 other state chiefs and deputies in Washington, D.C. to continue to push for reauthorization. We were honored to meet with President Obama, Education Secretary Arne Duncan, Sen. Lamar Alexander (R-TN), Sen. Patty Murray (D-WA), Rep. John Kline (R-MN) and Rep. Bobby Scott (D-VA). Sen. Alexander is chair of the Senate Health, Education, Labor and Pensions (HELP) committee; Sen. Murray is the ranking member. Rep. Kline is chair of the House Workforce and Education committee.

ESEA reauthorization is critical. Let me offer a couple of reasons why. 
•  No Child Left Behind (2001) is broken and is no longer a valid method of accountability for our nation’s public schools. 
•  While waivers granted by the United States Department of Education have served as a stop-gap fix, the nation’s schools deserve stability and long term direction from Congress. 
•  The waiver process has led to the possibility of federal intrusion in states. For example, the original No Child Left Behind did not require states to address teacher evaluation; however, the waiver process has made that a requirement of states. 
•  While the Obama administration has been fairly flexible in the implementation of waivers, it is possible that the next administration could eliminate waivers or put more conditions into the waiver process that many states would not be able to implement.

Perhaps the key reason for reauthorization is the need for changes to the law of the land. If Kentucky were not able to get a waiver to NCLB, our school districts would have to notify parents that every school in their district was a low performing school (defined as not meeting Adequate Yearly Progress under NCLB). Losing a waiver and having to go back to NCLB requirements would mean that Kentucky school districts would lose flexibility on how they use more than $58 million in Title I monies and on other NCLB programs. In addition, school districts would be required to return to set asides for transportation, supplemental education services, school choice and professional development.

My take from the last week is that Sen. Alexander and Sen. Murray are working hard to find a way to get bipartisan support. Rep Kline is having difficulty getting enough Republican votes to pass a bill. The way the process should work is that House passes a bill, the Senate passes a bill, and then a conference committee is formed to work out the differences. Usually, the President and Sec. Duncan would be involved in working with the conference committee to get a bill that the President could sign.

I told an audience this week that in Kentucky we know a lot about basketball, bourbon and betting on horses. If I were to handicap the chances of ESEA reauthorization, it is probably an 80:1 shot that it will be reauthorized. I would encourage readers to let members of the Kentucky delegation (especially House members) know how important it is for Congress to reauthorize the nation's main law governing education. 

Fixing a broken law

This blog is the third in a series about the reauthorization of the No Child Left Behind Act. My two previous blogs, Let the games begin and Grappling with testing questions  provide additional background information.

This week, it was my honor to represent Kentucky and my fellow chief state school officers at a U.S. Senate Health, Education, Labor and Pension (HELP) committee meeting. I was one of five individuals to testify. The committee heard from a researcher, local superintendent, high school principal, a teacher and me. Each individual had five minutes to give prepared remarks. Readers may watch a video of the entire hearing – my testimony starts about 41 minutes in – or you may want to access a written text of my testimony.

I was very impressed with the level of preparation of each senator. The committee staff does a great job in organizing the hearings and providing senators with background information. I was also very pleased to see the senators focus a number of questions to the teacher and principal. We all need to do more listening to our teachers and principals.

The Senate hearing was the second in a series of hearings to gain feedback on what the components of a reauthorized NCLB should be. The first hearing focused on annual testing and this week’s hearing focused on supporting teachers and leaders. Next week, the committee will have a roundtable with practitioners to discuss innovation.

As for my predictions on reauthorization based on movement in the House and Senate, I would say that the odds are 50/50 that we will see a reauthorized bill out of Congress before the end of the year. These odds are significantly higher than at any point since 2007. What are the potential stumbling blocks?

Annual testing and accountability seem to be the key issues that must be resolved. It appears there is growing support for continuing the annual testing required by NCLB (reading and math annually in grades 3-8 and once in each in high school; science once in elementary, middle and high school). This is a total of 17 federally required tests. Annual reporting and disaggregation of test results by NCLB subgroups also seems to have strong support. 

The line in the sand will probably be drawn with the accountability component. States and districts have added significantly to the number of tests given and percentage of time dedicated to testing due to federal and state ranking/rating of schools and districts based on test scores and to meet the Race to the Top and NCLB waiver requirements that tie teacher evaluation to test score performance. Teachers focus much more on teaching to the test and assessing students more often due to their evaluations being tied to the tests. 

My prediction on the accountability model is that reauthorization will provide general guidelines on accountability, however, the final accountability models will be developed by states. The United States Department of Education (USED) will be prohibited from approving or disapproving a state-developed model for accountability unless the USED can provide significant research to support why the state model is not a valid model for accountability. This resolution on accountability will support the states that are working to create a more balanced model of accountability that focuses on the skills and outcomes that we need our students to achieve in order to be successful in postsecondary education and training, careers and as a contributing member of society.

My prediction on teacher evaluation models, required by Race to the Top and No Child Left Behind, is that these decisions will be left to states with flexibility to use federal funds to implement meaningful effectiveness systems that support teacher and leader professional growth which, in turn, impact growth in student learning. While the original intent of the NCLB waiver requirement for states to develop teacher and leader evaluation systems was a good idea, the implementation has led to micromanagement of states by USED. Also, there is scant evidence that states who have implemented the required plans have been able to provide any results that the new evaluation plans actually differentiate performance of teachers and/or impact student learning.

As I think back to the last reauthorization of the Elementary and Secondary Education Act (ESEA), I can recall the debates between Democrats and Republicans as NCLB was moving through Congress in 2001. Republicans were pushing for more state accountability. Democrats were agreeing with the accountability as long as results were disaggregated by subgroup so that the original intent of ESEA was met. It was interesting to me that in the hearing this week, the Republican senators were supporting the reauthorization language that would push accountability back to states with flexibility to merge funding streams. However, Sen. Warren (D – MA) was clear that federal dollars should not flow to states without accountability for how the funds were expended.

So how do the next few months look for reauthorization? The timeline for the Senate would be bill mark-up in February and hopefully floor debate in the spring with possible passage in the summer. The House timeline may be similar. A late summer or fall conference committee where the USED and President Obama would be heavily involved may be possible, with the potential for a bill signing by the end of the year. 

Lots of moving pieces have to come together. Lots of potential pitfalls loom. However, I give it 50/50 odds because it is clear that both sides agree that the law is broken and must be fixed. It is also clear that educators and parents across the nation are disillusioned with the current testing and accountability requirements of NCLB and they are very vocal about the need for change. Stay tuned!!!

Let the games begin

For the first time in years, it appears there may be serious talk of trying to reauthorize the Elementary and Secondary Education Act. It’s most recent iteration, the No Child Left Behind Act (NCLB) of 2001 was due for reauthorization in 2007, but like its predecessor, political acrimony has held up progress.  

However, recent activity in Congress signals the best chance for reauthorization in the last 8 years. Of course, if we are to see reauthorization, both the Senate and House must agree, which will take some Democrats in the Senate crossing the aisle, and the president would have to agree to sign the bill. So it is not a slam dunk.

Over the next few weeks, I will use this blog to keep readers up to date on the progress toward reauthorization and discuss some of the key issues that must be resolved.

The first question is, why do we need reauthorization? 

No Child Left Behind aspired to ensure all children would become proficient in reading and math. To reach this noble yet lofty goal, all states would adopt high standards, assess those standards, and hold schools accountable for helping all children reach proficiency. It was a great goal and a great strategy that was championed by both Democrats and Republicans. Yet, history has shown that excessive federal involvement in education has always been problematic.

The problems began almost immediately upon passage of NCLB in 2001. It became more about the numbers of kids who crossed the proficiency finish line than about teaching kids the skills they needed for success. 

Some states actually lowered standards and set the cut point for proficiency very low. Schools started teaching to the test and in many cases there were cuts to student opportunities for the arts, physical education, science, social studies, world language and other activities that ensure a balanced education. Many schools began teaching only to the “bubble kids” – those students closest to meeting the state proficiency score. Students who had already reached the state proficiency level or who were well below it were often ignored. 

The result? In some states, 90 percent of students performed at the proficient level on state tests. Yet on the National Assessment of Educational Progress (NAEP), a uniform test given across the country as a means of comparison between the states, only 20 percent of that same state’s students performed at the proficient level. A study of state cut scores compared with NAEP cut scores revealed a huge discrepancy in what was considered proficient among the states. U.S. Chamber of Commerce reports showed the truth in labeling of each state based on the NAEP comparisons. In Tennessee, the Governor and other policy makers basically said the state was lying to parents and students. The very law that was supposed to make sure no child was left behind was, in fact, leaving masses of children behind.

By 2004, it became clear that there were big problems with the implementation of No Child Left Behind. While the vision and strategy were excellent, the implementation was very poor and had an unpredictable, pernicious impact on students.

In attempting to respond to the inaction of Congress to right the wrongs of NCLB through reauthorization, Secretary Duncan and President Obama worked through executive action to allow states to seek flexibility and waivers from some of the requirements of No Child Left Behind. Again, on the surface, this sounded like a great idea. Chief state school officers appreciated this relief and the opportunity to improve schools – more than 40 states requested a waiver. I have written previous blogs (The good news and bad news on NCLB waivers; USED action contrary to state, federal law; Politics as usual or not?) that have provided the developing concerns and problems with the waiver process and my true hope and desire for reauthorization.

Now, Senator Lamar Alexander (R-TN), chair of the Senate Health Education Labor and Pensions Committee, has laid out a plan for reauthorization of No Child Left Behind. Rep. John Kline (R-MN), chair of the House Education Committee, has done the same. Every education organization and think tank in Washington, D.C. and many civil rights organizations have brought forth guiding principles for reauthorization. The next 3 – 6 months could be very interesting. 

So, let the games begin and let’s hope everyone can set aside the political acrimony in favor of our children. 

Next week, I will address the top issue that must be considered with ESEA/NCLB reauthorization – standardized testing.

Politics as usual or not?

As the dust settles from last week’s election, there is much talk and speculation about the impact the election may have on public education in this country. At least that has been a primary topic for discussion this week at the Council of Chief State School Officers Annual Policy Forum that I am attending.

Secretary of Education Arne Duncan attended the meeting and took it as his opportunity to roll out the new Elementary and Secondary Education Act/No Child Left Behind waiver process to state education leaders.

In the past few months, I have been critical of Secretary Duncan and the waiver process (see my blogs, USED action contrary to state, federal law; The good news and bad news on NCLB waivers). My criticism has been focused on the fact that the original language in the Elementary and Secondary Education Act said states could submit waiver requests to improve teaching and learning. As long as they met that goal, the waivers were unconditional. However, it appears in recent years waivers have become conditional – based on whether a state meets the requirements of the three guiding principles of college/career ready standards, a differentiated accountability system and educator evaluation. Additionally, I have expressed concerns about the time and resources involved at the state level in the waiver application process.

Listening to the Secretary talk about the upcoming waiver process, it was apparent that he and his team had listened not only to me, but also to other state chiefs. Secretary Duncan told us as did the communication and guidance from the U.S. Department of Education (USED) that the waiver process is being streamlined and states will be able to seek a three year extension and in some cases a four year waiver extension.

While I am confident that the Secretary and his staff have listened to our concerns, during our meeting, I asked him about his priorities given the recent election. Despite being there to talk about the waiver process, it was very clear that his priority was reauthorization of the Elementary and Secondary Education Act.

I wholeheartedly agree! It is time for us to make reauthorization of No Child Left Behind the top priority. Given the new Senate leadership in Congress, I am hopeful that the Senate and House will be able to work in a bipartisan manner to pass legislation. While the waivers have been helpful, it is critical to have a long term solution through reauthorization. We will see in early January whether new congressional leadership works to govern or continues politics as usual. I certainly hope it is the former rather than the latter.

Priorities for Children Should Drive Education Laws

Last weekend, I had the opportunity to attend the annual legislative session of the Council of Chief State School Officers (CCSSO). While in Washington, D.C., I also took the time to meet with legislative staff. The topic of the meeting and my visits to the “Hill” was reauthorization of the federal Elementary and Secondary Education Act (ESEA), which also is known as No Child Left Behind (NCLB).

I have written many times that the intent of NCLB was powerful; however, we now need to push forward with a focus on college and career readiness that 2009’s Senate Bill 1 required. What is great about our position in Kentucky is that we now are leading the reform effort through our work on the Common Core Academic Standards and the work on the next-generation accountability model. It was evident in conversations with key senators, House members, legislative staff and other chief state school officers that there is a great deal of agreement on the components that will replace No Child Left Behind.

President Barack Obama has set a goal that the law would be reauthorized prior to the start of the 2011-12 school year. U.S. Secretary of Education Arne Duncan has talked a great deal about the need for reauthorization and the focus on college and career readiness. Sec. Duncan also has projected that 82 percent of schools across the nation will not make adequate yearly progress (AYP) this year and thus be labeled as “failing” schools by local media. In Kentucky, our projection is that 87 percent of school districts and 60 percent of individual schools will not meet AYP this year and will be labeled as failing districts and schools by media.

Let me be clear that no one is wanting to lower standards. The push in Kentucky is to raise standards and raise expectations that ALL children will graduate from high school with the skills needed to be college- and/or career-ready.

Now is the time for action. Principals, superintendents, teachers and parents need to be communicating with their Congressional delegation that No Child Left Behind needs to be reauthorized. The following three points will be most effective:
* While NCLB had the right vision, the details of implementation have not been consistent or rigorous enough across the states.
* A reauthorization of NCLB should set high expectations for college and career readiness but leave flexibility to the states on how to meet the goals and expend funds.
* If Congress does not reauthorize NCLB, then states should be allowed to submit new accountability models for rigorous peer review and approval. The Kentucky Board of Education (KBE) will review a proposed accountability model at its April 13 meeting – see that model on KDE’s Unbridled Learning page.

The coming months are crucial. At its April and June meetings, the KBE will consider, for approval, the next-generation accountability model. We will need either reauthorization of NCLB or a waiver of requirements to implement this model, which meets the requirements of 2009’s Senate Bill 1.

But most of all, our children are waiting on us to improve their chances for success beyond high school. Thanks in advance for your advocacy.

ESEA/NCLB: Time for Refocusing

U.S. Education Secretary Arne Duncan testified at the House Education and Workforce Committee this week. He addressed many topics, including budget issues and the federal Elementary and Secondary Education Act (ESEA) reauthorization.

One statement he made gained attention from the media. Sec. Duncan said that the U.S. Department of Education was projecting that as many as 82 percent of schools will not make adequate yearly progress (AYP) next year. Many people have questioned this number; however, I believe he is pretty accurate in the projection. Certainly, something must be wrong with a system that labels 82 percent of our schools and districts as failures.

I have written about this issue in several past blogs. (NOTE: See the links at the end of this blog for those postings.) On a few occasions, my support for a rewrite of ESEA has been misinterpreted. Let me be clear that I support high expectations for all students, teachers, principals, school districts and state agencies. Our number-one goal should be student success. No Child Left Behind (NCLB) focused on student success; however, the actual details of implementation lacked equity across the nation.

What I am supporting is a change from the NCLB minimum levels of proficiency for students and schools to a focus on a college and career readiness and a focus on student growth. Kentucky is leading the way in developing an accountability model with these components to replace No Child Left Behind. I have requested that Sec. Duncan review our model. I have worked with the Council of Chief State School Officers’ (CCSSO’s) committee on next-generation accountability systems to mirror our state model after the committee’s work.

Our proposed model will be reviewed for the final time by the Kentucky Board of Education at its April 2011 meeting. If you are interested in the details of our model, see the model and the regulatory language that the KBE will be asked to approve next month here.

Finally, let me be clear that no one is trying to avoid the consequences of NCLB. We are trying to build a system that promotes high expectations for ALL children, accountability for students, teachers, principals, districts, and state agencies, and resources/support for all involved.



Blog Postings on ESEA


March 26, 2010 – Focusing on Post-High School Life and Achievement Gaps

April 23, 2010 – Vision for Education Reform in Kentucky

April 30, 2010 – Priorities for School and District Accountability

June 11, 2010 – Teacher Effectiveness

August 6, 2010 – Planning for Proficiency