STATUS OF NCLB

1. STATUS OF NCLB R. Gehl Tucker Hufford, Horstman, Mongini, Parnell & Tucker, P.C. September, 2013 228606

2. No Child Left Behind Due for Reauthorization 2007All of the problems will be fixed then

3. NCLB BASICS • AYP – Universal Competency • HQF • Data Based Decisions • Scientifically based curriculum and programs • Parental Involvement • Sanctions for failing

4. NCLB • There is widespread agreement “The current law no longer effectively serves students.” • Rep. Kline/R. Mich.

5. NCLB • “Congress might not agree on much these days, but there’s consensus that No Child Left Behind has got to go.” • Washington Post, July 29, 2013

6. “Now is the critical time for Congress to shift from NCLB’s punitive, harmful and ineffective high-stakes testing strategy to a supportive, beneficial and effective strategy; guiding, assisting, funding and holding accountable our low-achieving schools to improve by doing what works.” • Gary M. Ratner, E.D. Citizens for Effective Schools Huffington Post Politics Blog 9/10/13

7. “To education policymakers who are not breathing the politicized air trapped inside the Washington, D.C., beltway, it’s starting to look like President Obama will be out of office before No Child Left Behind (NCLB) is rewritten -- if ever. • Expressed another way, that would mean the nation could go a minimum of a full decade with no clearly articulated, guiding education policy. NCLB would remain the law of the land, but at least the 39 states, the District of Columbia and the eight California school districts so far granted waivers from compliance can ignore it.”

8. CURRENT • Obama is issuing waivers from AYP to states and entities that can show an independent accountability system. So far, 41 states, the District of Columbia, and 8 California school districts have been granted waivers. This is temporary, waivers must be renewed periodically and the next President may change this. • Just recently, two pieces of legislation were introduced to modify, and basically reverse, NCLB. • Student Success Act – Introduced by John Kline, Republican Representative from Michigan (see below) • Strengthening America’s School’s Act of 2013 – Introduced by Senator Tom Harkin, Democratic Representative from Iowa

9. STUDENT SUCCESS ACT • Passed the House of Representatives last month • Slashes Funding • Says NCLB was bad: • Reduce Federal Footprint (no AYP - states take care of accountability) • Support Effective Teachers (no more highly-qualified status based upon education; instead key to achievement) • Restore Local Control (strong emphasis on promoting charter schools) • Empower Parents • George Miller, Democratic Representative from California who has been significant in education matters has offered an alternative and objects to this Act.

10. STUDENT SUCCESS ACT The National PTA, American Federation of Teachers and National Education Association have all issued statements opposing the SSA on the grounds that it cuts funding, fails to establish any standards and does not support under-performing schools.

11. Strengthening America’s School Act of 2013 Introduced by Democratic Senator Tom Harkin from Iowa on June 4, 2013. • Retains requirement that states test all students in reading and math every year from 3rd through 8th grades and once in high schools, and report test scores. • Allows states to use portfolios or projects as well as standardized tests to assess students. • Give states and districts more flexibility to devise their own supports for all but the most struggling schools.

12. Strengthening America’s School Act of 2013 • Reduces rigid reliance on tests for determining student achievement and teacher performance. • States would be required to adopt college and career ready academic and achievement standards in reading, math and science by January 2015. • Requires state accountability systems to identify and intervene in focus and priority schools along with schools failing to meet the same performance goals for two consecutive years.

13. Almost all of the literature states that neither of the above educational Acts will be passed by Congress. President Obama stated that he would veto the Student Success Act if it were passed. No one is optimistic regarding new, effective education legislation which will formally withdraw NCLB and provide us with something better.

14. The obsession with testing has been bad. AYP has been bad for teachers and students and should be terminated as soon as possible. In the future, it is likely that teachers will be evaluated by results, not credentials. It is extremely unclear how this will happen. Teachers’ pay will likely be tied to merit in the future. Again, this has been tried, but never successfully achieved. Implementing applicable and standards fairly has been found to be impossible. WHAT TO MAKE OF THIS MESS!

15. The biggest issue is: THE PROPER ROLE OF THE FEDERAL [AND MAYBE TRIBAL] GOVERNMENT IN PUBLIC EDUCATION. WHAT TO MAKE OF THIS MESS!

16. This is a basic question of local control v. federal protection against state and local control that favors the “well-off.” This is a complex issue which no one is taking seriously enough and where there are no clear answers. WHAT TO MAKE OF THIS MESS!

17. Continue to try to do the best you can to identify and implement effective curriculum that provides a full, functional educational opportunity to children and assists in their personal development to becoming an adult. Advocate for Tribal accountability programs that recognize and respect local control at the community level. Rid yourself of inapplicable and destructive elements from NCLB, such as AYP and “failing school” stigma. Do not expect help from the Federal Government, BIE, or any other outside entity. Guard against destructive micromanagement by others who have no real plan. WHERE DOES THAT LEAVE US?

18. Become fully informed of the BIE’s current request for a waiver from NCLB. It was submitted last year and is under review. The BIE plan may dictate what you can do in the future. Review it now and if you have objections, raise them now or be stuck! MOST IMPORTANTLY

19. QUESTIONS?