Issue 21 - October 13, 2006
in this issue
What's new in D.C.
NEA speaks out
Congress
ED Department
Other perspectives


Growing chorus of voices

In the states

Take action


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  Welcome back to the ESEA/NCLB Update!

This e-newsletter, which has been on hiatus, will now be published biweekly by NEA’s new Education Policy and Practice (EPP) Department.

This new department, headed by Joel Packer (director) and Kay Brilliant (associate director), serves as NEA’s primary policy center on elementary and secondary education issues. EPP is organized, in part, based on the Great Public School criteria adopted at this year’s RA, with a staff person assigned to each of the seven GPS criteria. In addition, EPP is now the lead department for the reauthorization of ESEA, and Donna Harris-Aikens is the new ESEA policy advisor in EPP.

For those of you who like to see the bigger picture: EPP is part of NEA’s new Center for Great Public Schools, which  includes 6 departments (besides EPP). They are Teacher Quality, New Products & Programs, External Partnerships & Advocacy, Collective Bargaining & Member Advocacy, Human & Civil Rights, and Research.

We invite your feedback on this new issue of ESEA/NCLB Update. Comments or questions are always welcome at ESEAinfo@nea.org.

What's new in D.C.


NEA speaks out —————————————

NEA adopts ESEA Positive Agenda; NEA leaders spread the word: Since the adoption of It’s Time for A Change: NEA’s Positive Agenda for the ESEA Reauthorization at this summer’s Representative Assembly, NEA leaders and staff have been invited to testify and serve on panels regarding the ESEA reauthorization:

NEA offers action plan to prevent dropouts: NEA recently announced a 12-point plan that combines the efforts of parents, teachers, business leaders, and lawmakers in an effort to reverse the trend of students dropping out of school. Included in the plan:

  • Mandatory high school graduation or equivalency for everyone below the age of 21
  • Workplace options that allow parents to participate in their child's education
  • Early intervention through high-quality universal preschool and full-day kindergarten programs.

"We’ve identified the crisis, and it will take everyone sharing responsibility to correct it," President Weaver said at a press conference."This is no longer about students slipping through the cracks of our educational system. Those cracks are now craters."

NEA protests recent guidance negating savings clause: President Weaver sent a letter on August 24 to ED Secretary Margaret Spellings protesting recent guidance that would negate the savings clause that provides protections under collective bargaining agreements, as well as federal, state, and local law, to education employees whose schools are subject to school improvement, corrective action, or restructuring under NCLB. To date we have not received a response. We are working with several Congressional offices on a letter to the Secretary in support of our position.

In the Congress ————————

Growing list of NEA-supported NCLB bills: Since late June, nine more NEA-sponsored bills to improve ESEA have been introduced, 2 by Republican sponsors, and several other NEA-backed bills have gained new cosponsors. You can find the latest list of NEA-supported bills (total of 39) on NEA’s public Web site.

Congressional panel reviews Supplemental Education Services: Under NCLB, schools that receive federal Title I money and miss Adequate Yearly Progeress (AYP) reading and math goals three years in a row must offer supplemental education services (SES) to low-income students. But nationally, just 10-20 percent of eligible students nationwide participate in the program. This figure was part of the conversation during a recent hearing before the House Committee on Education and the Workforce during which Chairman Howard "Buck" McKeon (R-CA) and some of his colleagues asserted that some schools are not doing all they can to promote SES. Participants also discussed a recent GAO reportpdf indicating that states are not doing enough to promote the participation of students. Raising the funding issue, Rep. Betty McCollum (D-MN) asked how schools and students are supposed to get ahead if Title I is not fully funded and funds are siphoned off to pay for supplemental services. Rep. Lynn Woolsey (D-CA) pointed out the irony of federal funds being used for SES when SES-provided tutors do not need to meet the same "high quality teacher" standards as educators in the public school system.

On another note, ED Deputy Secretary Ray Simon noted that the department is expanding its two SES pilots. The pilot permitting states to reverse the normal NCLB order and offer supplemental educational services before school choice is growing from districts in Virginia, to include districts in Alaska, Delaware, Florida, Indiana, and North Carolina. In addition, Boston and Chicago were allowed to serve as SES providers even though their schools were deemed "in need of improvement," and that flexibility is now being offered to Anchorage and Memphis.


ED Department—————————

Department reverses course on HOUSSE after prodding by NEA: On June 2, President Weaver sent a letter to ED Secretary Margaret Spellings calling on her to reverse a policy announced in May that mandateds tates to limit the use of HOUSSE after the end of the 2005-06 school year. In addition to our letter, several members of Congress and chief state school officers also protested this limitation. On September 5, Spellings issued a letter to all states’ chief state school officers that essentially acknowledges that the Department does not have the authority to eliminate HOUSSE. It says the agency now will pursue its efforts to phase out HOUSSE through the ESEA reauthorization process, but fornowis simply "encouraging" states to eliminate HOUSSE. In addition, on October 11, in a conference call with NEA and other education organizations, the Secretary clearly stated that states may continue to use HOUSSE.

Department issues regulations on LEP students and plans meeting: On September 13, ED issued final Title I regs on assessments required under NCLB for recently arrived Limited English Proficient (LEP) students. They go into effect October 13. The Department made clarifying but not substantive changes to the proposed regulations. For example:

  • The proposed regulations defined a "recently arrived" LEP student as one who has attended schools in the United States for up to 10 months. The final regulations extend that time period slightly—up to 12 months. (NEA had recommended the time frame be extended to at least 24 months.)
  • The proposed regulations would have exempted "recently arrived" LEP students from the reading test, but would have required states to include them in state math assessments. The final regulations still require "recently arrived" LEP students to take the math assessment, with accommodations as necessary, but states are not required to include the results in AYP determinations. (NEA had recommended states have the option to exempt recent arrivals from the math assessment based on the fact that most math tests require a certain level of reading proficiency.)

Properly including and assessing LEP students is a challenge in many states, so the Department has initiated a partnership to help states improve the assessment of LEP students. The first step: a meeting of 25 states was held August 28-29 where experts provided details regarding ways to design appropriate assessments, including accommodations, for LEP students. Coming next: a meeting for all states on October 28–29. ED will provide state teams with opportunities to talk with some of the nation's top researchers, looking at short-term approaches to improving the assessment of LEP students as well as long-term, multi-state initiatives.

Watchdog finds serious wrongdoing in Reading First Program: Last month, ED's Office of the Inspector General issued a scathing report on The Reading First Grant Application Process. The findings of the report pdf indicated serious wrongdoing on the part of ED officials, to the point of possibly violating the law.

Department issues letter outlining key priorities for NCLB implementation: Recently, ED sent a letter pdf to chief state school officers outlining its current priorities. The letter from Henry L. Johnson, assistant secretary for the Office of Elementary and Secondary Education, says ED is committed to helping states meet several critical elements of NCLB, such as each state having a fully approved assessment system in 2006–07, and strengthening the assessments for LEP students. In addition, Johnson’s letter highlights the Department’s growth model pilot as well as the changes in the process for states to amend their accountability workbooks. It also sets forth key dates for states to submit various plans.



Other perspectives ——————


Heritage Foundation expresses dismay on choice issues: Disappointed that more children have not availed themselves of the "choice" options available under NCLB, the Heritage Foundation suggests that the reauthorization include greater flexibility for states and districts to use federal funds to create local school "choice" and after-school tutoring programs. Heritage cites the open enrollment program in San Francisco and Pennsylvania’s "Classroom Plus" tutoring program as examples, but state and local voucher programs could also fit their model. At the federal level, Heritage suggests regulations that require more timely notification of the availability of transfers and tutoring, and financial incentives to improve cooperation by school districts. See "The Dismal Record on Parental Choice in NCLB" on the Heritage Foundation Web site.


Growing chorus of voices

Six more groups sign onto Joint Statement: Since the RA, six additional groups—Church Women United, Disciples Justice Action Network (Disciples of Christ), Education Action!, the American Humanist Association, the Episcopal Church, and the National Baptist Convention, USA (NBCUSA)—have signed onto the Joint Organizational Statement on NCLB, bringing the total to 92 signers. The coalition, now called the Forum on Educational Accountability (FEA), has activated its own Web site. We have added a link to the FEA site from the press center part of NEA’s Web site.

Business community issues own set of reauthorization principles: NEA has worked closely with the Partnership for 21st Century Skills on its set of principlespdf that it believes are essential underpinnings for the upcoming reauthorization of NCLB. The Partnership, an organization of key business leaders and education organizations (NEA is a founding member), is concerned that with its focus on standardized tests to measure student achievement in a few core areas, NCLB may be promoting instruction that doesn't reflect the realities or challenges of life in today's world. (Note: The P21 principles are also on NEA’s public site.)

NEA signs on to arts education statement: NEA has signed onto Arts Education: Creating Student Success in School, Work, and Lifepdf, which states that "The federal commitment to arts education must be strengthened so that the arts are implemented as a part of the core curriculum of our nation's schools and are an integral part of every child's development." We are one of 50 education, art, and music groups that signed the statement.

Think tank criticizes use of AYP to measure achievement: The Great Lakes Center, whose members are NEA and state affiliates in Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin, on September 25 released a policy brief that finds Adequate Yearly Progress, the main indicator of academic achievement under NCLB, is an "unproven, unrealistic and underfunded system for improving student performance in the nation’s public schools."


In the states

  Judge deals blow to CT’s NCLB lawsuit, but case proceeds: In the latest development regarding the state of Connecticut’s lawsuit against ED Secretary Spellings, a federal district court recently dismissed three of the state’s four claims stemming from alleged unfunded mandates in NCLB. Connecticut filed its lawsuit in August 2005, contending, among other things, that ED’s interpretation of NCLB violated the "unfunded mandates" provision of that statute, Sec. 9527(a). It’s important to note, however, that Connecticut filed this lawsuit only after failing to obtain three modifications to the NCLB testing mandates via requests for waivers of statutory requirements and/or amendments of the state’s NCLB compliance plan. On September 27, the Connecticut federal district court granted the Secretary’s motion to dismiss in large part, scuttling three of the four claims. Notably, the court did not rule on the merits of what the NCLB unfunded mandates provision means and instead based its decision solely on "whether, how, and when the State may present its underlying arguments about the [NCLB] to the court."

Astoundingly, the court also ruled that Congress had provided to the Secretary the unreviewable discretion to decide whether or not to grant waivers from the requirements of the NCLB. Nevertheless, the case continues as the fourth, undismissed claim will proceed and Connecticut may consider other options regarding issues raised in the court’s latest decision. NEA had filed an amicus brief in support of the Connecticut complaint. NEA's own case (Pontiac v. Spellings) is still pending in the 6th Circuit Court of Appeals.


Take action

Share your stories on NCLB: We are continuing to collect stories from Association members about the impact of NCLB on them, their students, and their schools. If you have not yet sent us your story about how this federal law is impacting your classroom, we still want to hear from you. Please share your story with us by going to: http://www.nea.org/esea/tellyourstory.html and completing the online form.

We are developing a publication highlighting our members’ concerns that will be shared with the new Congress and other groups. The stories are an excellent way to let policymakers understand the real life impact of NCLB in our nation’s classrooms.

We will be sharing a member story in each future issue of ESEA Update, so send in yours today.

Questions or comments?
Email ESEAinfo@nea.org.



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