Friday, May 16, 2014
The Advancement Project, which represents a coalition of education and civil rights groups, filed three civil rights complaints this week under Title VI alleging discrimination in Newark, New Jersey, Chicago, and New Orleans. The complaints challenge the racially discriminatory impact of school closures and privatization on children of color. The Advancement Project complaints were filed on behalf of Journey for Justice Alliance (a coalition of community and education justice organizations across 21 cities). In a release about the filings, the Advancement Project stated:
- In Chicago, 50 public schools were closed during the last school year alone. These closures targeted African-American communities, with Black students accounting for only 43 percent of all Chicago students but making up 87 percent of the students affected by the closures.
- With the dramatic rate of school closures and the expansion of charter schools in New Orleans, the city’s Recovery School District has only five remaining traditional public schools and is on its way to being the nations’ first all-charter school district.
- Newark’s public schools have been under state control since 1995, with no local control or community accountability for nearly 20 years. As a result, Newark communities are powerless to stop New Jersey’s plan to close neighborhood schools – many of which are generational schools that fathers and grandmothers of current schoolchildren had attended years before.
Journey for Justice also released a companion report on the real-life impacts of school closings and privatization. Cribbed from its description: the report looks at "the national pattern of school districts setting community schools up to fail through policies including high stakes testing-based accountability systems, and enrollment policies that concentrate the most disadvantaged students in a few schools without providing the needed resources. Once these schools consequently suffer under-enrollment and financial shortfalls, public officials then justify closing them."
Wednesday, May 14, 2014
Education Law Prof Blog co-editor Derek Black has written a commentary that is part of in Education Week's Brown at 60: New Diversity, Familiar Disparities series. In his piece, Black discusses why integration still matters for all students at a time when the Supreme Court and society are less inclined to support remedial solutions. In his commentary, Why Integration Matters in Schools, Black points out the benefits of integration for non-minorities:
Too often, the conversation around integration focuses exclusively on the benefits for poor and minority communities. However, integration holds substantial benefits for middle-income and white students as well. First, integrated schools improve critical thinking. In diverse environments, students are faced with new and varied perspectives and forced to think through their own or new positions more carefully, which improves their critical-thinking skills. Second, integrated schools better prepare students to navigate the multicultural world and global economy they will face upon graduation.
On these two metrics, whites are seriously disadvantaged. Data indicate that, to the surprise of many, whites are actually the most racially isolated student group in the nation (see charts, Page 31). Research demonstrates that this isolation ill prepares them for the future. Major corporations make this point even more concretely in briefs before the U.S. Supreme Court. They attest that they want graduates who are prepared to work in multicultural environments. Integrated schools produce these students.
In other words, white families who are concerned about long-term competitiveness need integrated schools as much as anyone.
Read more of Derek Black's commentary at Education Week here.
A federal civil rights complaint has been filed against three New Orleans charter high schools, George Washington Carver Preparatory Academy, George Washington Carver Collegiate Academy and Sci Academy, run by charter management company Collegiate Academies. A parent-student group along with Loyola University New Orleans College of Law have filed the complaint alleging that students at the three schools are subjected to excessive discipline such as suspension for minor infractions. The plaintiffs say that Collegiate Academies' "no excuses" model pushes out students for non-violent behaviors and require "a culture of hyper-discipline... such as: (1) requiring all students to firmly shake the hands of their teachers and administrators at the beginning of each day and before each class; (2) walking straight on a line; (3) being required to be silent "at level zero" in the hallways; (4) being required to sit in an upright position all day, hands folded on the desk, feet planted firmly on the floor, and looking straight ahead; (5) being required to raise their hand in lock-elbow position in class or receive demerits if their arm is not straight; (6) being suspended for minor misbehaviors like laughing too much and inappropriate displays of affection." The complaint also maintains that the charter schools' students are deprived of their right to an education when students must sit in a room by themselves for the entire day without any work from their classes to do. The suspensions have been applied to special needs students, which violates the students rights under IDEA by suspending for more than ten days without investigating the reason behind the recurring suspensions. Read the complaint, courtesy of nola.com, here.
Monday, May 5, 2014
Last week, the National Collegiate Athletic Association (NCAA) announced that it would longer accept coursework from 24 virtual schools affiliated with K12 Inc. to establish a student's eligibility to play college sports. K12 Inc. is the nation's largest for-profit provider of virtual K-12 education. The NCAA did not elaborate on what problems it saw with K12's curriculum, but judging from K12's response, the NCAA apparently objected to low amounts of student-teacher interaction. The NCAA said that it would review coursework from K12 schools that was completed in 2013-14 on an extended evaluation basis. Jeff Kwitowski, K12’s senior vice president of corporate communications responded that the NCAA's standards around nontraditional courses are “vague” and the review process is “unclear,” leaving “schools to only guess what passes NCAA’s eligibility test." The NCAA's eligibility announcement is here. Forbes thinks that the NCAA got it wrong here.
Thursday, May 1, 2014
Education Secretary Arne Duncan announced that the ED will release new plans this summer that would reward colleges of education that meet certain metrics, including job placement, pass rates on licensing exams, and teacher evaluations. The plan's broad outline is to make colleges of education operate as medical schools do with higher admission standards, better job preparation, and incentives to practice in high-need areas. The New York Times reported that Secretary Duncan commented this week that “[w]e have about 1,400 schools of education and hundreds and hundreds of alternative certification paths, and nobody in this country can tell anybody which one is more effective than the other.” The ED.gov Blog outlines the administration’s plans to improve teacher colleges by
- Encouraging states to develop meaningful systems to identify high- and low-performing teacher preparation programs across all kinds of programs, not just those based in colleges and universities.
- Asking states to move away from current input-focused reporting requirements, streamline the current data requirements, incorporate more meaningful outcomes, and improve the availability of relevant information on teacher preparation.
- Relying on state-developed program ratings of preparation programs – in part – to determine program eligibility for TEACH grants, which are available to students who are planning to become teachers in a high-need field in a low-income school, to ensure that these limited federal dollars support high-quality teacher education and preparation.
Wednesday, April 30, 2014
The National Center for Education Statistics (NCES) reported this week that the percentage of U.S. high school graduates who received a regular high school diploma within four years hit a historical high of 80 percent in the 2011 school year, up one percent from 2010. Nearly 4 out of 5 students receive a regular high school diploma within 4 years of starting 9th grade for the first time, the NCES reported. The four-year graduation rate for American Indian/Alaska Native, Black, and Hispanic students also rose between 2010 and 2011, but remained below the national average at 67, 69, and 73 percent, respectively. White students and Asian/Pacific Islander students had 4-year Adjusted Cohort Graduation Rates (ACGR) above the national average at 86 and 88 percent, respectively. Economically disadvantaged students, students with limited English proficiency, and students with disabilities all had 4-year ACGR rates below the national average for all students at 72, 59, and 61 percent, respectively. The latests ACGR results are being hailed as a predictor for the national graduation rate reaching 90 percent by 2020. There is still some work to do to as fourteen states have over a third of economically disadvantaged students dropout of high school. Read the Public High School Four-Year On-Time Graduation Rates and Event Dropout Rates report here.
Wednesday, April 23, 2014
Two funding inequity lawsuits were recently filed challenging New Mexico's education system. The first alleges that ELL and economically disadvantaged students are receiving a substandard education under the state's funding scheme and A-F grading system. In State v. Martinez, filed by the Mexican American Legal Defense and Educational Fund, the plaintiffs assert that New Mexico's underfunding of public education and its school rating system violates the state's education clause, due process, and equal protection. The state's education funding formula, the plaintiffs allege, fails to allocate sufficient supplemental funds for areas were the needs are greatest for at-risk and special needs students. In spending per pupil, New Mexico reportedly spends $9,070 per student, ranking 37th in the nation. The suit also targets "unfair and non-transparent school accountability grading and teacher evaluation systems that drive quality teachers and leaders from schools disproportionately enrolling English Learner ("EL") and low-income students." The funding inequity, combined with the teacher evaluation system, results in experienced teachers avoiding lower-ranked schools. The MALDEF suit is here.
The New Mexico Center on Law and Poverty (NMCLP) is also challenging the state's funding scheme for families of New Mexican students. The CLP suit notes that New Mexico's student standardized test performance has fallen to the bottom of the nation. On standardized tests given in the last two years, New Mexico's students ranked at bottom of the country in 4th grade reading and are just ahead of the bottom -- Alabama, Mississippi, and Louisiana -- in math. Contributing to the problem is the state's high child poverty rate, which is the second highest in the nation. Given those factors, the CLP suit argues, New Mexico's education system is severely underfunded. The CLP suit is here.
Thursday, April 17, 2014
In a recent article, Philly.com (Philadelphia Inquirer) goes behind the numbers about recent comparisons of the amount of per-pupil spending in New Jersey’s Camden school district. Camden’s per pupil spending is the highest in New Jersey, but only 49 percent of its students graduate from high school. The story quotes David Sciarra of the Education Law Center, who points out that per-pupil figures are misleading because school districts must spend more per student in high poverty districts (43% of Camden residents live below the poverty line) on special needs costs. While there differing views about the impact of education budgets for student learning (see the recent report from the Cato Institute, Academic Performance and Spending over the Past 40 Years) and 2013’s Pew Center report showing unprecedented decreases in state education budgets), the article reminds of the complications of tracking money through education budgets and that per pupil school spending is not always what it seems.
Tuesday, April 15, 2014
Massachusetts Attorney General Sues Career College Corinthians for Predatory Practices and Subprime Student Loans
Massachusetts Attorney General Martha Coakley continues her office's focus on for-profit career schools that engage in predatory practices by filing a consumer protection complaint against Corinthian Colleges Inc. lists allegations against the for-profit education provider that will be familiar to observers of the lawsuit filed by the California Attorney General and the steps taken in Milwaukee to stop the for-profit education provider from expanding in that city. Coxley's office has sued two other for-profit career schools for allegedly misrepresenting job placement numbers and making misleading statements about its programs. The recent Massachusetts complaint charges that Corinthian, through its Everest Institute schools, engaged in deceptive marketing about employment and pay to prospective students, predatory practices such as requiring graduating students to sign statements that they had found jobs in order to receive their diplomas, enrolling students who did not have English language proficiency (and offering no ESL support) or who had criminal backgrounds that prohibited eligibility for careers in their degree programs. Everest boosted placement statistics by steps such as hiring 15-25 students of its students for its own two-day health fair. Massachusetts also alleges that Corinthians contributed to students’ loan debt by funding subprime loans “guaranteed and ultimately funded by Corinthian.” Although “89.8% of Corinthian's revenues were collected from Title IV funding,” the complaint alleges, “[m]uch of the remainder of Corinthian's reported revenue comes from a private loan program created by Corinthian.” Corinthian used the loans to meet the 90-10 rule, which prohibits schools from acquiring more than 90% of their funding from federal Title IV sources. The Corinthian loans, funded through third party agreements, had interest rates of 16 to 18% and origination fees of 6%, compared to federal students loans that have 5-7% interest rates and 1-2% origination fees. Overall, the 12% of students at for-profit schools nationally comprise about 48% of all student loan defaults. Read the Massachusetts complaint here.
Tuesday, April 8, 2014
Auburn University in Auburn, Alabama seeks an assistant professor to teach education law and finance in its Educational Foundations, Leadership and Technology department. For the tenure-track position in the in the Education Administration/Leadership K-12 program, Auburn requires a doctorate in Education Administration, Leadership, or a related field. The school will begin reviewing resumes on May 1; the position starts in August 2014. The announcement is here. Tip of the hat to Edjurist for the information.
Friday, April 4, 2014
Media on all stops of the political spectrum – from the Washington Post’s Answer Sheet to the National Review have predicted that the Common Core State Standards (CCSS) would go the way of No Child Left Behind. This week, Oklahoma’s legislature passed a bill to withdraw from Common Core. If Governor Mary Fallin signs the bill, Oklahoma will be the second state to withdraw from the Common Core, following Indiana’s move last month. Like Indiana, however, Oklahoma will still use parts of the CCSS curriculum, but would revise the standards and testing at the state level. Some predicted that the 46 states that implemented CCSS would find it difficult to balance the standards with what they actually require: equitable funding. One writer uses the example of New Jersey’s long-running education equity funding case, Abbott v. Burke, that in essence, “adopting ‘high expectations’ curriculum standards was like passing out a menu from a fine restaurant. Not everyone who gets a menu can pay for the meal.” Now New Jersey, as Derek noted last week, has announced plans to abandon one of the country’s most equitably weighted funding schemes next year. Given that other states have even less balanced funding in public education, states may be realizing that they lack the ingredients to make the dish.
Monday, March 31, 2014
Education Secretary Arne Duncan downplays his influence in educational policy and curriculums, saying that "[t]he best ideas in education will never come from me or anyone else in Washington, D.C." Others, including a post on this blog, contend that Duncan is the deFacto United States School Superintendent. The Learning Matters has PBS News Hour profile of Secretary Duncan noting that he has "unprecedented power" and that "his critics on the right and the left are enraged but seem powerless to stop him." The site also has comments from Congressman John Kline, Diane Ravitch, and NYU Professor Jonathan Zimmerman.
Wednesday, March 26, 2014
Indiana Governor Mike Pence signed legislation Monday to drop Indiana from the Common Core State Standards Initiative, saying that "the state's students are best served by education decisions made at the state and local level." Indiana's State Board of Education will now draft new standards outlining what students should be learning in each grade, AP reports. About half of the new standards will still be based on Common Core standards, though, and Indiana will continue to meet its No Child Left Behind waiver requirements. Also, because the SAT plans to modify its content to reflect the Common Core standards, states will feel that they must include Common Core content in their own standards to prepare students for the college admission exams. Other states are expected to join Indiana in deserting Common Core, but the question that is still being answered is what is driving the moves now. A good (but unlikely) reason could be that the Common Core materials need work as educational tools, and districts need more time to figure out how to implement them. Another fine reason could be that the cost of implementation could leave states as hostages of commercial education publishers for years on (in many states) diminishing public education budgets. While educators are pointing this out throughout the country, given the recent political stance of teacher-bashing, state legislatures are unlikely to be moved by them. Tea-party conservatives have pressured state legislatures for years to dump the standards because of perceived federal influence, but states cannot afford to thumb their noses at federal funds. So what will be driving Common Core departures--political pressure, educational policy, implementation costs--or the story of New York, which towed the Common Core line and got slammed in its first-year student testing results?
Monday, March 24, 2014
Running out of time to hold on its No Child Left Behind waiver, Washington State may face sanctions—but the question is what will the Obama administration want to do about a state that actually is making substantial efforts to turn around low-performing schools—just not in the way that federal policy mandates. For Washington State, loss of its NCLB waiver could mean that $38 million in Title I funds in the 2014-2015 school year could be diverted to school choice, voucher programs, and private tutoring efforts. Losing the waiver would also place many of the state’s public schools into the failing-to-make-adequate-yearly-progress category, the Tacoma News Tribune reported last month. Washington’s NCLB renewal has been on high-risk status since last August, joining Arizona, Kansas, and Oregon in the ED’s NCLB waiver doghouse. Earlier this year, Washington State officials met with Education Secretary Arne Duncan who insisted that teachers and principals’ evaluations include statewide assessments, not just local or regional ones, before the ED would renew the state’s NCLB waiver. Washington State’s teacher evaluations already include students' scores on district-level assessments, but the ED wants the state legislature to mandate the use of statewide tests for teacher accountability. Washington Governor Jay Inslee tried to get a bill passed this February to require that students' statewide test scores be used to measure teacher effectiveness, but those attempts failed. While EdWeek points out that the ED has given some states an extension, those extensions applied to how student assessment scores factor in teacher hiring and firing, not whether a state uses statewide or local standardized tests as the accountability measure.
Thursday, March 20, 2014
Recent stories out of New York City note the continuing decline of black and Latino students admissions to elite area high schools such as Manhattan's Stuyvestant High School, Staten Island Tech, Brooklyn Tech, Bronx Science, and Queens Science. The Staten Island Post reports that "[o]f the 5,096 students accepted by eight specialized schools, just 5 percent were black and 7 percent were Hispanic." This year, Staten Island Tech is concerned that it will have no black students in its upcoming freshman class; this year it had five freshman. Other NY elite high schools are reporting similar numbers. Because the criteria used for admission to elite specialized high schools throughout the city is the Specialized High Schools Admissions Test (SHSAT), black and Latino students' performance on that test predict their admission to the city's science and tech high schools. Two years ago, the Legal Defense Fund filed a lawsuit with the Department of Justice about the low numbers of black and Latino students, and New York City implemented a tutoring program to help increase admissions to the city's elite schools. The declining numbers of black and Latinos in high science and tech programs will inevitably affect the admissions of such students admitted to top science universities.
Tuesday, March 4, 2014
Immigrant Children File DOJ Complaint Challenging Barriers to Enrollment in Two N.C. School Districts
A civil rights complaint was filed with the Justice Department last month alleging that two North Carolina school districts are discouraging immigrants from enrolling in public school. Cribbing from the complaint, plaintiff “C.V.,” a 17-year-old Honduran immigrant, attempted to enroll in high school in Buncombe County, N.C. But school officials twice application telling her that she was too old, even though North Carolina law says all students under 21 are entitled to a public education in the school district in which they live. Plaintiff “F.C.,” a 17-year-old native of Guatemala tried to enroll in high school in Marshville, N.C. last year, but was told that he was too old and was referred to a GED program at a local community college. The community college told F.C. he was too young and suggested that he try enrolling in high school again. At the high school, F.C. was told that he could not enroll until after he took an ESL exam even though his English-speaking skills were limited at the time. Unable to pass the ESL exam in Marshville, F.C. eventually enrolled in the Union County school district. The Southern Poverty Law Center, which is co-counsel for the plaintiffs, says that the two incidents are symptomatic of a larger problem in school districts across the state. Immigrant children – who arrive in the United States without a parent or legal guardian and are placed in the care of a sponsor, such as a family member – are being discouraged from enrolling in public school because of limited English proficiency, age or national origin. The plaintiffs are asking the Justice Department to require the districts to adopt a nondiscrimination policy and to provide training to ensure that the civil rights laws and the constitutional protections in Plyler v. Doe are being followed. Read the complaint, filed jointly by the Southern Poverty Law Center, Legal Services of Southern Piedmont, the North Carolina Justice Center, and the Southern Coalition for Social Justice, here.
Thursday, February 20, 2014
The Guilford County Board of Education recently voted to challenge a new North Carolina law requiring the board to choose teachers who will get new contracts in exchange for tenure. The North Carolina law requires school district leaders to choose 25% of its teachers and offer them new four-year contracts in exchange for tenure and $500 compounding salary increases over four years. Jill Wilson, the attorney for the Guilford County school board members told the Greensboro News-Record that the law is unconstitutional because “state law protects teachers from having their status changed or salary reduced without due process.” A board member objected to the law because it “represents yet another thinly veiled attack on public education and educators.” The board says that it will refuse to recommend which of the county’s teachers should be offered contracts and instead will sue to challenge the law. Although twenty states have passed laws restricting teacher tenure, local boards suing to opt out of such laws is uncommon.
Friday, January 24, 2014
Given the recent tumultuous times for the Philadelphia school district, this week’s announcement that 130 city educators have been implicated in a cheating scandal is not earth shattering. The cheating investigation, conducted by state education officials and the Pennsylvania Office of Inspector General, found a suspicious number of erasures and corrections of wrong to right answers on state standardized math and reading tests taken from 2009 to 2011. The test improprieties are alleged to have occurred at 53 Philadelphia area schools, about 20 percent of the total number of schools in the city. The 130 educators have been accused of providing students with answers, erasing wrong answers or supervising those who did without reporting them.
The Philadelphia school system, the nation’s eighth largest school district, has been under tremendous pressure for much of the year. As Derek has covered in this blog, Philadelphia’s schools were hard-hit by the state’s decision to change its education-funding formula from one based on the local costs of educating the district’s children to one based primarily on enrollment. Twenty-three schools were closed. Coupled with an overall $1 billion cut in the state education budget, Philadelphia schools came up well short of the money needed to operate and had to borrow $50 million to open its remaining schools in September. Principals were reduced to asking parents to pay hundreds of dollars per child to attend public schools. The budget crisis led to a $350 million deficit this school year, which created shortages of school nurses, counselors, security officers, and reduced special education services throughout the district.
Like their counterparts in the Atlanta cheating indictments last year, Philadelphia’s educators are under pressure to show gains in proficiency on high-stakes standardized tests. When those gains do not happen within a year or two, the incentive to cheat is strong. Cheating can mean saving jobs, avoiding being branded as a “failing” school, and winning bonuses and federal incentive funds when the students are deemed to be proficient in reading and math.
Tuesday, January 7, 2014
No-show college courses and grade changes for student-athletes at the University of North Carolina at Chapel Hill were back in the news this week following a grand jury’s indictment of a former professor for obtaining property by false pretenses. This story has been around since the NCAA’s investigation in 2010, but UNC has held firm on its position that only two employees in the Department of African and Afro-American Studies, department chair Julius Nyang’oro and his assistant, were responsible for academic fraud. This week’s Bloomberg Businessweek is more skeptical about the scope of the misconduct in its article, The Scandal Bowl: Tar Heels Football, Academic Fraud, and Implicit Racism. For the writer, Paul Barrett, the university’s lack of commitment to educating black student-athletes that it woos to play sports and the cynical choice of the Afro-American studies department as the incubator for academic fraud shows implicit racism. In an internal investigation in 2012, headed by former NC Governor Jim Martin, UNC reported that the academic anomalies (about 200 no-show or one-meeting courses and grade change rates that were three to six times higher than the university average) went on for fourteen years without the university's knowledge. The investigation found no connection between the high percentage of black college athletes in “phantom” Afro-American Studies courses and the school’s athletic program.
Interestingly, Nyang’oro had taught the course that reportedly is the basis of the indictment, “Blacks in North Carolina,” for years but never sought payment. A university dean insisted that Nyang’oro be paid for the course in summer 2011. In August 2011, the Raleigh News and Observer received a student’s transcript showing that an incoming student took a 400-level class with Nyang’oro the summer before taking English 100 in his freshman year, which ultimately led to Nyang'oro's resignation. Barrett predicts, “[F]urther investigation will reveal that the fraud reached deep into the Tar Heel athletic hierarchy and that senior academic officials will also turn out to have been at least aware of improprieties.” Perhaps, although a lot of dominos will have fall in Chapel Hill for this case to mirror the Penn State inquiry. Click the links to read more about the UNC case in the New York Times and Businessweek.com.
Thursday, December 19, 2013
The National Assessment of Educational Progress (NAEP) released its decade-long study showing an increase in reading and math scores for urban districts. NAEP is the organization that produces the "Nation's Report Card." Cribbing from the press release about the report: "Ten years after The Nation’s Report Card began measuring progress in America’s urban school districts, the 2013 Trial Urban District Assessment (TUDA) shows that most districts that participated in the first reading or math assessments scored higher this year at both grades 4 and 8, and none of the participating districts scored lower than in the first testing year. The District of Columbia Public Schools was the only one of the 21 districts that participated this year to show gains in both mathematics and reading at both grades compared with 2011. In Los Angeles, scores improved in reading at both grades, and in mathematics at grade 4."
NPR ran a story this morning about the report. Focusing on the District of Columbia Public Schools, which was the only city to improve in all four grade and subject combinations, the news is being hailed as a barometer of the success of the education reform movement. D.C. Schools Chancellor Kaya Henderson told reporters that the city's new curriculum is making a significant difference: " We actually shifting our work to the not-sexy stuff. We're bringing the revolution to the classroom. We're changing what we're teaching and learning." Some observers are less impressed. While D.C.'s overall scores improved, the achievement gap between white and black students is the largest of all the tested cities. Others point to D.C.'s changing demographics (including a decrease in black residents) as affecting its scores, but there is no evidence yet of any demographic effect.