Category Archives: Dannel Malloy

Betsy DeVos Broke the Ed. Reform Coalition – For Now

When Betsy DeVos was confirmed as United States Secretary of Education, she required an unprecedented tie-breaker vote by Vice President Mike Pence.  This was because all 48 Senate Democrats voted against her along with 2 Republicans.  A barrage of phone calls from constituents, her demonstrable ignorance about federal education policy, her utter lack of experience with running a large organization, and unanswered questions about her financial conflicts of interest could not scuttle her nomination – but it got closer than any cabinet nominee in recent memory.  Betsy DeVos took her office with a the only bipartisan consensus being the one against her.

On the one hand, DeVos presented a very reasonable target for opposition.  She really has no relevant experience whatsoever.  She is an ideologue rather than a expert who has made her “name” in education by leveraging her inherited wealth into buying the votes of state legislators.  While many school reform advocates favor shifting tax money to privately managed entities, DeVos appears to see the privatization of public money as a goal in and of itself without regard for outcomes.  Advocacy groups funded by her actually scuttled legislation in Michigan that would have kept failing charter schools from expanding, and she has demonstrated no interest in holding the overwhelmingly for profit charter sector in her home state accountable to much of anything, leaving Michigan sending $1 billion annually into a sector rife with self dealing and absent any oversight worthy of the wordDeVos favored policies have wrought additional havoc on Detroit Public Schools, leaving children wandering a landscape with a glut of seats which are distributed so unequally that getting to a school consumes hours of commuting time and where families are encouraged to “vote with their feet” – even if it means changing schools multiple times a year.

And if that record were not enough, DeVos gave Senators plenty of reasons to oppose her during her testimony which was peppered with evasions and displays suggesting she knows painfully little about federal education policy.  She whiffed a question on one of the central policy issues of the past decade.  She bobbed and weaved to avoid talking about accountability.  She appeared to have no knowledge about federal laws regarding educating students with disabilities.  She was pathetically glib about the question of guns in schools.  And when Senators sent her written questions to answer in further detail after her hearing, she plagiarized some of  her responses.  On top of all of that, DeVos was confirmed with votes from a raft of Republican Senators who reply on her cash for their campaign coffers.

So given this basket of deplorable qualities, it is not so surprising that her nomination went right down to the wire with not one Democratic vote and two Republicans breaking ranks as well.

Then again, maybe it is a bit surprising.

Democrats, after all, have been full members of the education reform club for some time now.  As Valerie Strauss of The Washington Post notes, Democrats who opposed DeVos’ confirmation have not been shy about joining the education reform coalition in the past two decades:

That’s why it was unusual when, in 2001, the late Sen. Edward Kennedy, the liberal Massachusetts Democrat, gave critical support to the new conservative Republican president, George W. Bush, in passing a new education law called No Child Left Behind (NCLB). A bipartisan, they said, was to make sure public schools attended to the needs of all students, but the law actually became known for creating new “accountability” measures for schools based on controversial standardized test scores.

By embracing the NCLB system of high stakes testing coupled with dramatic consequences, Democrats enabled the move to privatize more and more public school money as charter schools proliferated in the wake of schools being labeled as failing.   Today, a cadre of Democratic politicians such as former Newark Mayor and now Senator Cory Booker, Chicago Mayor Rahm Emmanuel, Connecticut Governor Dannel Malloy, New York Governor Andrew Cuomo, and yes, former President Barack Obama are as dedicated to some or all of the central tenants of education reform as any Republican.  And as the debate over the Every Student Succeeds Act demonstrated, most Congressional Democrats are still in favor of high stakes accountability testing that is the centerpiece of education reform – and which provides the leverage necessary for Betsy DeVos to have wrought her special kind of chaos on her home state of Michigan and leaves her poised to try the same at a national level.

How Democrats got to this point is a layers and complicated situation.  Some followed the lead of many of the nation’s most venerable civil rights organizations who argued in 2001 and continue to argue that high stakes accountability is vital to make certain that states and communities do not ignore communities of color in allocating education resources.  This coalition split somewhat from the mainstream of education reform when the NAACP called for a moratorium on charter school expansion in the election last year, citing the widespread problems of fraud and lack of accountability in the sector, but the general premise that schools with high percentages of minority students will be neglected without high stakes accountability is powerful and rooted in centuries of systemic racism.  Representative Mark Takano, who is one of the few members of Congress who actually has teaching experience, also explained that his colleagues assume that accountability systems which make sense for banks and for legal entities work in public education:

First, I don’t have a lot of time to talk with my colleagues and have this kind of conversation. Second, the attention span of the average member is so short, and it’s hard to have a conversation that goes beyond a superficial level of knowledge.

So when you come to Congress with particular expertise, you tend to stick with your expertise regardless of the topic. Take Elizabeth Warren. I really love the woman. She makes my heart beat when I watch her on banking. When she says we should have broken up the big banks, I say, you go, Elizabeth Warren. But she has been a lawyer all her life. When she takes a position on education, she brings her experience as a lawyer on the issue of accountability. And to her, accountability is some sort of punishment.

Certainly there has to be some level of accountability. But if you liken education to bean counting, that’s not going to work. Likewise, if your background is in criminal justice or civil rights, you’re likely to want to remedy education problems by putting into place a law with all these hammers to correct the ways in which minorities are systematically excluded. But that same mentality isn’t going to work in education.

Representative Takano makes a compelling case that it is very difficult for Representatives and Senators who possess little practical or academic expertise in education to discern how incentives commonly used in legal and civil rights contexts will fail to achieve the same results in education.  Further, given the way that time and influence operate at the federal government’s level, it is extremely difficult for what teachers and administrators know about the system and the nature of teaching and learning to reach Congress.

In addition to these shortcomings, it is indisputable that other Democratic members of Congress have been enthralled by the enthusiasm for “big data” in the technology sector.  The Obama Department of Education was particularly convinced that large data sets from standardized tests could sort failing schools from thriving ones and incompetent teachers from brilliant ones, and this conviction was certainly aided by the enthusiasm of technology sector donors and philanthropists like Bill Gates.  Unfortunately, the enthusiasm for use of “big data” to rank and sort schools and individual teachers far outstrips the evidence that it can work the way Bill Gates thinks it can, and we are nearly three years past the American Statistical Association issuing a statement urging policy makers to not use value added measures in individual teacher evaluations.  Regardless, the Arne Duncan and John King education departments continued to plow time and resources into promoting those measures, leading President of the NEA, Lily Eskelen-Garcia to dub the department an “evidence-free zone.”

Yet another strain among Democrats has been the perspective of firm believers in the Clinton “Third Way” style of centrism – emphasis on free trade and market based solutions while defending some aspects of the social safety net and maintaining a left of center stance on many social issues.  It certainly has been an effective political stance in the West’s most conservative Democracy, and as the traditional labor support for Democrats has waned, it also attracted campaign donors from sectors of the economy that increasingly benefited from growing income inequality.  But it also brought the inevitable expectations that Democrats taking those donations would favor policies espoused by those donors – who have been hostile to organized labor and in favor of school privatization.  Third Way Democrats like Andrew Cuomo and Rahm Emmanuel have been dreadful for public schools, public school teachers, and public school students as a result.

It is therefore surprising that Betsy DeVos, with her lengthy portfolio of favoring school privatization, could not muster a single Democratic vote except when she is regarded as an almost living example of education reform’s reductio ad absurdum.  In this light, it is not that Betsy DeVos is wrong to favor school privatization per se, but she is wrong to favor it in the wrong way.  That construction was all over the statement opposing her nomination issued by “Democrats” for Education Reform, the hedge fund created advocacy group aimed at convincing Democrats to expand school choice and privatization:

“Outside of her commitment to parental choice, the hearing provided little insight on Mrs. DeVos’ vision for educating the 50 million American children who currently attend public schools. We are strong supporters of choice married with accountability, but as vital as parental choice is, choice alone is not an answer for ensuring the education of 50 million kids.

“In sum, the hearing did little to clarify concerns that progressive reformers have about Mrs. DeVos’ policy commitment to strong accountability and a strong federal role spanning the scope of the Education Department’s work, from finance equity and teacher preparation to higher education and civil rights. We do hope that at some point Mrs. Devos will speak more expansively about her vision for all public schools and the federal role in ensuring our schools work for our kids. But based on the record before us, we cannot support her nomination.

DFER positions itself as a voice of “progressive reformers,” and the education reform movement has certainly been skillful at positioning itself as a civil rights struggle.  DeVos’ enthusiasm for any privatized school, even those engaged in outright fraud, is simply too far for their brand.  Last month, before the DeVos hearings, Peter Greene astutely noted that charter school enthusiasts were concerned about her nomination to protect their brand, to protect the left flank of the reform coalition, to block vouchers, and because DeVos’ regulation free ideal is not actually good for many charters fighting over finite pools of money.  Jersey Jazzman further noted that reform Democrats were bemoaning the nomination of DeVos, but on the premise that the center “consensus” on accountability, school choice, and charters was working really well until Trump went over the top with his pick for Secretary of Education.  This is, as he noted, bollocks because like their counterparts on the conservative side of school choice, reform Democrats ignored evidence about the charter sector as a whole and never acknowledged how those with impressive test scores achieve them.

Consider this painful exchange between Virginia Senator Tim Kaine and DeVos during her confirmation hearing:

I honestly do not know how she got ten votes in the Senate after that, but we should examine the Senator’s question and its premise as well.  On the one hand, it is an excellent question, and given DeVos’ long record of favoring any private entity getting public money over any truly public school, she was either going to evade answering it, outright lie, or give an answer even Republican partisans could not have ignored.  On the other hand, Senator Kaine’s belief in “equal accountability” for all schools that receive public funds should break apart the education reform coalition if every Democrat actually believed that and meant it.  In Senator Kaine’s defense, his record is not one of unabashed love for charter schools, but plenty of Democrats love to tout urban charters schools, especially of the “no excuses” models that boast about high test scores.  The rationale is that those schools “prove” that “poverty is no excuse” and that all things being equal, urban schools can match suburban test performance.

The trouble?  All things are almost never equal.  Urban charters, even ones with high test scores, are not held to equal accountability with public schools and such accountability will never be accepted by the sector.  Even if they are spotted being free from union work rules, charters inherently draw from a pool of families more attentive to the system than fully public schools can guarantee, and the “no excuses” charter schools championed by Arne Duncan, John King, and a raft of Democratic politicians use restrictive conduct codes and heavy use of out of school suspensions to force either quick conformity by students or quick withdrawals.  This shows up in the research all of the time, and the end result are schools claiming that they have the “same” students as their host districts but which in reality have fewer of the students with the greatest needs, leaving district schools to care for a population that is even more high need with fewer resources with which to do it.  The equal accountability that Senator Kaine favors does not exist and will not be accepted by school choice advocates, even those on his side of the aisle, unless something much more earth shaking than Betsy DeVos’ tenure in Washington happens.

So, for now, the education reform coalition has split, but mostly it has split into conservatives hoping to achieve long thwarted dreams of school vouchers and so-called “progressive” reformers asserting that Betsy DeVos “goes too far”without questioning any of the underlying premises of high stakes accountability and privatization.  Unless Democrats get themselves a genuine education on the core issues facing our school system, it is entirely likely that the education reform coalition will just bide its time and re-emerge as strong as ever.

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Filed under Arne Duncan, Betsy DeVos, charter schools, Cory Booker, Dannel Malloy, DFER, Drumpf, ESSA, Funding, John King, NCLB, politics, Social Justice, Testing, Unions, VAMs

Chicago is Everytown, USA

 

The Chicago Teachers Union took to the picket lines on the morning of April 1 for a one day strike, highlighting the dire financial conditions of their schools because of the state budget impasse caused by Illinois Governor Bruce Rauner and contract disputes caused by Chicago Mayor Rahm Emanuel.  Teachers and supporters marched in front of public schools before shifting their protests to state universities facing financial catastrophe because of the budget crisis in Springfield.  In typical fashion, no politician took responsibility for the continued stress facing public schools and universities.  Mayor Emanuel protested that he is doing all that he can with what the state government is willing to give, and Governor Rauner issued a boiler plate statement claiming the teachers were victimizing students and their families with a display of “arrogance.”  These statements are rich coming from the mayor who has made closing public schools the centerpiece of education agenda and from the governor who has kept the entire state without a budget for nine months because lawmakers won’t fully endorse his plan to break unions — resulting in a crisis in higher education funding that makes many Illinois families reconsider attending state universities — and whose idea of getting desperately needed funding to urban schools involves “re-purposing” $300 million of special education money for general education funding.

CTU’s action is welcome both for its clarity and for its signal that organized teachers are not going to go along with a governor who holds all of a state hostage to get his anti-labor priorities passed — or with a mayor whose school improvement ideas begin and end with privatization.  The only real question is not why Chicago’s teachers took to the picket lines but rather why a hell of a lot more teachers have not done so across the nation?

President of the Americans Federation of Teachers Randi Weingarten said, ““This governor is bankrupting public schools so they won’t effectively function for kids….If you can’t solve things through the normal processes, if you have exhausted every advocacy avenue in a democracy, you then step it up — and that’s what they’re doing.”  Chicago Teachers Union President Karen Lewis tied the strike to larger labor issues across Illinois, “For every single working person in this entire state, somebody’s got to lead the way. It happened to fall to CTU.” She could have easily been talking about several dozen states and the assault on public education that has unfolded across the country.

Let’s review only part of the national roll call:

Attacks on public K-12 and university education are not limited to these examples. Total per pupil funding for elementary and secondary schools remains, adjusted for inflation, below 2008 levels in all but 13 states because of both state aid cuts and loss of local revenue from property taxes.  In 27 states, local funding for K-12 schools rose but could not make up for continued cuts in state aid.  25 states continue to provide less money per pupil today than they did before the Great Recession, and 12 states cut general education funding just in this past year.  Higher education has done no better with all but three states funding their public universities below 2008 levels, both on a percentage of previous funding and on a per pupil basis.  Although 37 states spent more per pupil in the 2014-2015 school year than before, the national average increase was only $268 per student.  Perversely, state schools have had to increase tuition while cutting programs and staff, and now, for the first time, tuition makes up a larger percentage of public university revenue than state grants.  Attacks on teachers’ workplace protections have gone nationwide, hitting courtrooms with dark money funded campaigns where they cannot gain traction among lawmakers, and it appears that only the untimely death of Associate Justice Scalia prevented the Supreme Court from gutting decades of precedent on public union funding.

Once again, the question must be asked:  Why aren’t many, many more teachers across the country joining their sisters and brothers in Chicago in demonstrating that their voices are still there and can speak loudly when they speak together?  It isn’t just the future of their work that is still clearly at stake – it is the future of every child they teach. President Weingarten said, “….if you have exhausted every advocacy avenue in a democracy, you then step it up — and that’s what they’re doing.”

Chicago is Everytown, USA.

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Filed under #FightForDyett, Activism, Cami Anderson, charter schools, Chris Christie, Corruption, Dannel Malloy, Funding, One Newark, politics, Social Justice, Unions

Connecticut Recommends Thumbscrews

Connecticut’s Democratic Governor Dannel Malloy does not always grab attention in the annals of corporate education reform.  Wisconsin Governor Scott Walker has made battles with public unions more central to his image.  New Jersey Governor Chris Christie plainly relishes getting to act “tough” and yell at teachers questioning his agenda. Democratic Mayor of Chicago Rahm Emanuel shuttered 50 public schools, mostly serving ethnic minority children, in one go, without caring to listen at all to the residents of the impacted neighborhoods.  Neighboring governor and fellow Democrat Andrew Cuomo of New York staked a huge portion of his agenda for 2015 on ramming through controversial education reforms, and his approval rating both overall and especially on education have tanked in a highly visible manner.  Compared to headline grabbers like these, Governor Malloy does not seem to get much attention.

Which is a shame because when it comes to the Holy Trinity of education reform – common standards, standardized testing tied to punitive consequences, and preference for charter schools over district schools, Governor Malloy is the complete package. In 2012, he called for major changes to teacher tenure in Connecticut, earning praise from ConnCAN, an education reform group promoting charter schools.  Facing push back from teachers and parents about the pace and nature of education reforms, Governor Malloy was forced to call for a “slow down” in the pace of reforms, especially tying teacher evaluations to standardized test results.  $91,000 in campaign donations flowed to Connecticut Democrats from a single wealthy businessman and charter school advocate, Jonathan Sackler, and three members of his family; those donations and others from Wall Street were rewarded with proposals for over $21 million in new charter school funding while public school spending remains flat.

It is pretty clear that Governor Malloy stands shoulder to shoulder with New York’s Andrew Cuomo and Chicago’s Rahm Emanuel even if he prefers to draw less national attention to himself.  So it is perhaps not surprising that his education department is contemplating thumbscrews for the Opt Out movement in Connecticut.

Opt Out was not the force in Connecticut that it was in neighboring New York with only 11,200 students not taking the state exams while the state says 267,000 did.  However, a number of individual districts did not meet the 95% testing requirement of No Child Left Behind which was continued in the new Every Child Succeeds Acts, and in some districts those numbers were significant. Roughly 7 out of 10 high school juniors opted out in Stonington, and participation fell below 95% in over 30 communities.

This Fall, roughly a dozen states got a letter from Ann Whalen at the US Department of Education, an adviser who is acting as the assistant secretary of elementary and secondary education, reminding them that their districts need to test no less than 95 percent of all students and that the state needs an action plan to deal with those who do not.  The letter opens by reminding state chief education officers of the legal requirements to test all children in grades 3-8 and once in high schools, that the examinations must be same for all students, and no student may be excluded from the examinations.  Ms. Whalen asserts that the sections of the law she cites “set out the rule that all students must be assessed.” The letter continues to remind the state officers that both their state and local authorities who receive Title I, Part A money assured that they would test all students in accordance with the law.  Ms. Whalen also offers “suggestions” for actions state education authorities can take to address participation in the assessments:

  • Lowering an LEA’s or school’s rating in the State’s accountability system or amending the system flag an LEA or school with a low participation rate.
  • Counting non-participants as non-proficient in accountability determinations.
  • Requiring an LEA or school to develop an improvement plan, or take corrective actions to ensure that all students participate in the statewide assessments in the future, and providing the SEA’s process to review and monitor such plans.
  • Requiring an LEA or school to implement additional interventions aligned with the reason for low student participation, or even if the state’s accountability system does not officially designate schools for such interventions.
  • Designating an LEA or school as “high risk,” or a comparable status under the State’s laws and regulations, with a clear explanation for the implications of such a designation.
  • Withholding or directing use of State aid and/or funding flexibility.

Ms. Whalen also reminds the states that they have “a range of other enforcement actions” including placing conditions on Title I, Part A grants or even withholding them.  For a real kicker, she goes on to say that if states with less than 95% participation in the 2014-2015 school year do not assess 95% of students this year, then the federal education department “will take one or more of the following actions: (1) withhold Title I, Part A State administration funds; (2) place the State’s Title I, Part A grant on high-risk and direct the State to use a portion of its Title I State administrative funds to address low participation rates; or (3) withhold or redirect Title VI State assessment funds.”

Short version: States with Opt Out numbers that put them or local districts below 95% test participation must bargain, cajole, plead, or threaten districts and schools into making that target.  The Federal Education Department has put in writing that not only failure to take action to address low assessment rates, but also failure to meet the 95% target this year, WILL result in some form of punitive action from Washington.  Presumably, the degree of the punishment will depend upon how vigorous the state actions are.  It is also safe to assume that the Education Department offices in Washington have a new logo:

DOE seal

 

Connecticut got its own version of this letter from Dr. Monique Chism in the office of state support, and Connecticut’s Commissioner of Education Dr. Dianna Wentzell quietly sent the state’s reply on December 4th, waiting until December 28th to release it to the public. In the letter, Dr. Wentzell assures Washington that although Connecticut met the 95% participation rate statewide, they are “not pleased” that a number of districts did not do so, and the state has devised a tiered intervention system to “ensure that districts meeting the standard are commended, those failing marginally are gently alerted, and those falling behind are strongly reminded of the potential consequences and provided support to remedy the situation in 2015-2016.”  In the next school year, Connecticut’s accountability system will “lower a school by one category for low participation rates in the 2015-2016 year.”  The system is explained in a graphic:

con consequences

Districts in Connecticut are now warned: if your test participation rates were below 80% in any category, funds WILL be withheld if this year’s participation rate is not at least 90%.

This remains as problematic as it has been every time the federal government or a state entity has raised it.  Yes, it is true that federal law requires that at least 95 percent of all students in all subcategories are tested in the participating grades.  Yes, it is true that state and local officials have to do what they can to test the students in the participating grades and have almost no legal authority to exempt any of those students.  However, the statute was written to prevent states and local school authorities from hiding low performing student populations from accountability systems.  I challenge Dr. Wentzell, Dr. Chism, or Ms. Whalen to find a single line of statutory authority to compel parents to submit their children for examination or to find any legislative intent in the original NCLB legislation or its successor to punish schools and districts for not exerting 95% control of the parents in their district.  There have been schools since 2001 who have not managed to test 95% of their students, but there is not a single example of a school being punished for that.

In the end, Connecticut, at the prodding of the Federal Education Department, is setting itself up for an unpleasant confrontation with parents, often parents that elected officials find difficult to ignore, with very shaky legal footing.  North Haven High School, for example, had extremely low participation rates on the 11th grade exams.  The community also has a median home value $22,000 above the state median and median household income $16,000 above the state median.  With only 4% of its residents below the poverty line compared to the state average of over 10% it is unlikely that North Haven’s schools rely significantly upon Title I funds, so it is unclear exactly what money Dr. Wentzell would withhold.  However, the loss of any money intended to help children who are in poverty based upon actions of parents rather than upon actions of school authorities is unprecedented, contrary to the intention of any federal and state accountability laws – and far more likely to increase the parental backlash than to bottle it up.

 

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Filed under Activism, Dannel Malloy, ESSA, Funding, NCLB, Opt Out, politics, Testing