Thursday, April 30, 2015
On Tuesday, April 28, the Department of Education issued a final rule covering maintenance of effort (sometimes called “nonsupplanting”) by school districts and other local education agencies in connection with Individuals with Disabilities Education Act funding. As is the case with many other federal programs, IDEA aims to supplement, not supplant, what states and localities would be doing on their own. Accordingly, LEAs are not permitted to reduce the level of expenditures from local funds below the level for the preceding fiscal year, except in specific circumstances, such as decreases in special education enrollment, the termination of services to a child with a particularly costly program, and the completion of construction or other expensive long-term projects.
The Century Foundation and Poverty & Race Research Action Council's new report A Better Start: Why Classroom Diversity Matters in Early Education is now available. It describes racial, ethnic and economic disparities in preschool. Halley Potter, a contributor to the report, remarks "As policymakers consider the best ways to set our nation's children on a path to success, we hope this report will encourage our leaders to enact creative policy solutions that increase the opportunities for children of different socioeconomic and racial backgrounds to learn together in the same classrooms."
- Read a summary of the findings
- Download the full report
- See coverage of the report in the Washington Post
Wednesday, April 29, 2015
Last week a federal court approved a consent order to put Huntsville, Ala. on the road to unitary status. The Huntsville schools must still comply with a decades-old federal desegregation order, but the consent order is a "plan to plan" to end the imbalances that led to federal oversight. In its order, the court wrote a message to the district's students in the district, urging them to show openness and patience as the school system rezoned them for new schools. Last year, the district court expressed skepticism about the district's progress toward unitary status, citing among other things, continued racial imbalance in the city's schools, discrepancies in disciplinary rates, and racial achievement gaps on measures of academic performance. Under the consent order, the school system is tasked with making progress in areas identified in the original desegregation order: (1) desegregation of faculty and staff; (2) majority to minority transfers; (3) equity in school construction and site selection; (4) interdistrict transfers; (5) equity in services, facilities, activities, and programs, including athletics and other extracurricular activities; and (6) equity in transportation. The consent order in Hereford v. Huntsville Bd. of Educ. is here.
Social science demonstrating that zero tolerance and harsh discipline are ineffective in achieving their goals of improved student behavior and deterrence is not new, but what is new is a growing parade of research demonstrating that zero tolerance and harsh discipline are actually counterproductive. In effect, they make student behavior and academic achievement worse. Last month, I posted a study finding that punitive discipline is associated with increases in student drug use. Another study by Brea Perry and Edward Morris, Suspending Progress: Collateral Consequences of Exclusionary Punishment in Public Schools, American Sociological Review, finds that punitive discipline negatively affects not only the student who is punished but his peers who are not. Their abstract explains:
Tuesday, April 28, 2015
Helen Ladd, Charles Clotfelter, and John Holbein have released a new study on North Carolina's charter schools that will only intensify the debate between charter school and civil rights advocates. A few reports, most notably those by the UCLA Civil Rights Project, have charged that charter schools are more segregated than traditional public schools. Those reports have been criticized as overstating the matter and unfairly framing the evidence (by comparing charters to dissimilar public school systems).
Ladd's study addresses the issue with more precision by focusing only on North Carolina and looking at the change in charters and public schools over time. By measuring change over time, Ladd is able to compare charters to themselves and public schools to themselves, mooting claims of unfair comparisons. This analysis reveals an extremely troubling dynamic. As the chart below shows, charter schools are becoming "whiter" and traditional public schools more heavily populated by students of color.
On April 21, 2015, the trial court in Pennsylvania, where petitioners filed a lawsuit claiming the state is failing to adequately and equitably fund its public schools, interpreted prior state supreme court precedent as eliminating the courts' role in such a case.
William Penn School District, et al., v. Department of Education, et al., was filed last November by six school districts, seven parents, the Pennsylvania Association of Rural and Small Schools (PARSS) and the NAACP Pennsylvania State Conference. The lawsuit alleges that legislative leaders, state education officials, and the Governor violated their constitutional obligation to provide a system of public education that gives all children in Pennsylvania the opportunity to meet state-imposed academic standards and be prepared for life in today's world.
Monday, April 27, 2015
On Friday, the U.S. Department of Education’s Office for Civil Rights new Title IX guidance. It emphasizes the responsibility of school districts, colleges and universities to designate a Title IX coordinator. It also offers an overview of Title IX's requirements in regard to single-sex education, sex-based harassment, and discipline. The press release is as follows:
Friday, April 24, 2015
Last month Derek cited a study correlating higher student marijuana use to schools in which administrators reported using out-of-school suspensions and students reported low policy enforcement. That has not slowed the use of such policies in some districts, however, as the Roanoke Times reports that an eleven year old student was disciplined under circumstances that seem excessive even under zero tolerance policies. Acting on a student tip, an assistant principal at Bedford Middle School (VA) found a green leaf and a lighter in a plastic baggie in a sixth grader's backpack at school last fall. School resource officers from the sheriff’s office field-tested the leaf, which tested negative for marijuana. The student was nevertheless arrested and charged as a juvenile for marijuana possession. Two further tests of the leaf confirmed that it was not marijuana. That confirmation that the bag contained an ordinary leaf was not the end of the matter, however. An administrator told the student's parents that the juvenile's charge dismissal did not resolve the school's zero tolerance policies, and the student was suspended for a year. After sixth months of online education and homeschooling, the student was permitted to return to school (albeit a different school) under strict probationary terms. The student's parents, a current and a retired teacher, have sued the district and the Sheriff's Office for due process violations and for malicious prosecution. The case reportedly has been sent to mediation. Read more about the case here.
Yesterday, Nora Gordon focused on one of the more technical aspects of the pending Senate bill to reauthorize the Elementary and Secondary Education Act: the supplement not supplant standard. The standard requires that Title I funds for low income students only be used to supplement the resources that state and local entities were already providing those students, not supplant them. Gordon summarized the new revisions and her sense of their importance:
The larger legacy of the Every Child Achieves Act may well be how it cleans up supplement not supplant, a little discussed and often misunderstood fiscal rule with a big impact on how schools actually spend the $14 billion of NCLB Title I funds. The proposed legislation makes two important changes: (1) it requires districts to show they are distributing their state and local funds across schools without regard to the federal funds that each school receives; and (2) it increases local autonomy over how to spend Title I funds.
The problem she says is that:
Under current law, those Title I schools that do not operate schoolwide programs must demonstrate that every single thing they buy with Title I funds helps only the neediest students, and would not be purchased with other funds absent the federal aid. In my research, I’ve found this rule often has the unintended consequence of preventing districts from spending money on the things that might help those students most, pushing schools to work around the edges of their central instructional mission. They buy “interventionists” instead of teachers, or “supplemental” curricular materials rather than “core” ones, and are discouraged from investing Title I funds in technology.
Gordon is correct that the supplement not supplant has been a disaster. As I wrote in The Congressional Failure to Enforce Equal Protection Through the Elementary and Secondary Education Act, 90 B.U. L. Rev. 313 (2010),
Although well meaning, the prohibition on supplanting has not met its goal. In fact, in a recent report, the GAO recommended eliminating the supplement-not-supplant standard altogether. The GAO concluded that the standard has become almost impossible to enforce. Enforcing the standard requires too much speculation about what a school district would have spent on education and also requires extremely detailed tracking of spending in thousands of school districts. In short, the prohibition on supplanting funds relies on unreliable projections and unusually labor-intensive work. Possibly for these reasons, the Department of Education has effectively stopped attempting to enforce the standard, treating it as a non-priority. The standard, however, remains the law and a measure that well-intentioned schools may expend effort attempting to meet.
Thursday, April 23, 2015
Last week, Mississippi enacted a special education voucher law (the Equal Opportunity for Students with Special Needs Act), and in Tennessee this week another special education voucher bill, the Individualized Education Act, is headed for Gov. Bill Haslam’s signature. Both bills are roughly modeled on Florida’s McKay Scholarship special education voucher program, which started under then-Gov. Jeb Bush. Mississippi’s pilot program provides $6,500 to parents for special needs services and private school tutoring and tuition when parents feel that the local public school cannot meet their child’s needs. In Tennessee, parents would receive $6,000 per student for special education expenses such as physical therapy, private schooling, home schooling, and textbooks. Tennessee’s state comptroller acknowledged that the special education voucher bill would be inaccessible for most special education students. The proposed voucher would not replace public school special education services unless students’ families were affluent enough to cover the additional cost of private school tuition or can homeschool their children. In both states, some legislators and special education advocates unsuccessfully opposed the bills, pointing out the financial limitations, the risk of segregating special education students from mainstream classrooms, and private schools’ lack of accountability under the Individuals with Disabilities Education Act. Public education funding is also at issue, considering that public schools will still have to provide special educational services with less money after students leave the public school system. Because of fixed costs such as such as facilities and special education personnel, public schools' special education costs do not balance out simply because some students leave public schools, Professor Ron Zimmer (Vanderbilt) told Chalkbeat Tennessee.
Jason A. Okonofua and Jennifer L. Eberhardt of Stanford University have published Two Strikes: Race and the Disciplining of Young Students, confirming what statistical analysis has long suggested: that whether and how a student is disciplined is heavily influenced by subconscious racial biases. Their abstract explains:
There are large racial disparities in school discipline in the United States, which, for Black students, not only contribute to school failure but also can lay a path toward incarceration. Although the disparities have been well documented, the psychological mechanisms underlying them are unclear. In two experiments, we tested the hypothesis that such disparities are, in part, driven by racial stereotypes that can lead teachers to escalate their negative responses to Black students over the course of multiple interpersonal (e.g., teacher-to-student) encounters. More generally, we argue that race not only can influence how perceivers interpret a specific behavior, but also can enhance perceivers’ detection of behavioral patterns across time. Finally, we discuss the theoretical and practical benefits of employing this novel approach to stereotyping across a range of real-world settings.
Read the full study here.
The UCLA Civil Rights Project has released a new report detailing the progress in school integration in Connecticut and the lack thereof in New York and Massachusetts. Connecticut's success, of course, is an outgrowth of the litigation in Sheff v. O'Neill, which held that de facto segregation in the schools violated the state constitution's guarantee of equal educational opportunity. Among the report's most important statewide findings in Connecticut are:
- The white share of the total public school enrollment dropped in the state from 76.8% to 59.9% between 1987 and 2012 while the Latino and Asian share increased substantially as was happening across the U.S. The proportion of Latino students more than doubled, rising from 8.8 to 20.1% over the last twenty-five years. The basic story is that fewer white children were born and the population change reflected the large immigrations to the U.S. from Latin America and Asia. The change did not reflect a surge of black enrollment.
- The overall share of African American and Latino students who attended intensely segregated schools (90-100% minority schools) and apartheid schools (99-100% minority schools) decreased. There was a significant drop in extreme segregation.
- The share of students living in poverty nearly doubled over the last fifteen years from 19.5% to 36.2%, also reflecting national trends. In 2012, the typical African American student attended a school with 63.1% poor students, but the typical white student had 22.3% classmates from low-income families. Segregation was double segregation for students of color.
- Educational outcomes were clearly related to segregation. The overall graduation rate was positively correlated with the proportion of white and Asian students but was negatively linked with the black and Latino share in a school. Academic performance showed the same pattern. This was related to many historic and contemporary inequalities associated with race and ethnicity in U.S. society. The report summarizes a half century of research on the benefits of integration.
- Connecticut’s magnet schools showed great potential of promoting racially integrated schools. In 2012-2013, magnet schools in Connecticut enrolled a more balanced number of students from each racial group (e.g., 30.2% whites, 31.4% blacks, 30.5% Latinos, and 4.4% Asians) as compared to non-magnet schools, which enrolled 61.7% whites, 11.6% blacks, 19.5% Latinos, and 4.8% Asians. Additionally, the typical student of each racial group in Connecticut’s magnet schools attended a similar percentage of low-income students, ranging from 49% to 59%; however, there were noticeable racial disparities in contact with poor students in non-magnet schools from 21% to 62%.
- Connecticut charter schools are far more segregated than traditional public or magnet schools.
This overall positive trend, however, belies the variation between metropolitan areas in the state, with some doing very poorly in terms of integration, and all needing to do more to fully integrate their schools.
Wednesday, April 22, 2015
This February, the UCLA Civil Rights Project's school discipline study reported that Oklahoma City Public Schools district (OCPS) was one of the nation's ten highest highest-suspending districts for secondary school students. Yesterday, OCPS Superintendent Rob Neu announced plans to reduce the district's 3,000 annual suspensions through behavior programs and by shortening the length of suspensions. Neu was responding to the results of the district's internal audit which confirmed some of the UCLA report's findings. That study noted that OCPS' suspension rate for minorities exceeded other districts surveyed, with 75 percent of African-American male high school students and 54 percent of African-American female high school students in the district suspended at least once in 2012, and 60 percent of Native American male and 40 percent Native American female high school suspended that year. Neu told the media that the district planned to respond to racial disparity in school suspensions by hiring more teachers and administrators of color and "become more culturally aware of the students that we’re serving.” Links to the OCPS audit are available here.
After a relative long hiatus, the Education Trust has issued a new comprehensive school funding study. Its 2006 study drew criticism, in part, for its simplicity. The new report adds more nuance to the analysis. It finds that:
- Nationally, the highest poverty school districts receive about 10 percent less per student in state and local funding than the lowest poverty districts.
- School districts serving the most students of color nationwide receive roughly 15 percent less per student in state and local funding than those serving the fewest.
- There is a great deal of variation between states when it comes to funding equity: While some states provide more funding to their highest poverty districts and to districts serving the most students of color, others provide substantially less.
Tuesday, April 21, 2015
A new report by the National Women's Law Center and the Poverty and Race Research Action Council, Finishing Last: Girls of Color and School Sports Opportunities, finds that
Nationwide, 40 percent of heavily minority schools have large athletics gaps for female students, compared to only 16 percent of heavily white schools. . . . [A]t both the state and national level heavily minority schools typically provide fewer sports opportunities—defined as spots on teams—compared to heavily white schools. Heavily minority schools also allocate these spots less equally between boys and girls, leaving girls of color especially shortchanged. This means that girls of color receive far fewer spots on teams than white girls, white boys and boys of color. The report shows how this lack of access to school sports has long-term consequences for girls’ health, academic success and economic security.
It breaks those numbers down further, showing that females at heavily minority schools have:
- Only 39 percent of the opportunities to play sports as girls at heavily white schools
- Only 67 percent of the opportunities to play sports as boys at heavily minority schools
- Only 32 percent of the opportunities to play sports as boys at heavily white schools
Get the full report and commentary here.
Replicating Inequality and Segregation through Test Scores: What the Opt-Out and Opt-In Movements Fail to Recognize
Initial reports indicate that 150,000 students or so refused to take New York's state standardized test, as part of the growing op-out movement. This, of course, incensed the state department of education. First, compliance with No Child Left Behind requires that 95% of students take the test. Second, "Test refusal is a mistake because it eliminates important information about how our kids are doing. Those who call for opting out really want New York to opt out of information that can help parents and teachers understand how well their students are doing. We can't go back to ignoring the needs of our children," said Jonathan Burman, a state education department spokesman. But the response of Nicole Brisbane, state director at Democrats for Education Reform, was most telling:
Monday, April 20, 2015
Bruce Baker posted what may be the best school finance and teacher quality post in a while. He was responding to the New York State Education Department's most recent response to the fact that students in high poverty schools in the state have teachers whose salary is $21,000 per year less than teachers in the lowest poverty schools. The state also acknowledge that "students in high poverty schools are nearly three times more likely to have a first-year teacher, 22 times more likely to have an unlicensed teacher, and 11 times more likely to have a teacher who is not highly qualified." NYSED's proposed strategy to resolve the problem, however, was troubling. Its sole solutions were:
Friday, April 17, 2015
After languishing for the better part of a decade with no real prospects of forward movement, reauthorization of the Elementary and Secondary Education Act is starting to defy odds. After President Obama indicated he would veto the republican proposals moving forward in February, one would have expected the status quo of gridlock to quickly settle in. Then something unusual happened, party leaders stopped posturing and Senators Alexander and Murray went into to closed door sessions to hammer out a deal. They were also successful to preventing leaks. Last week, they released a bipartisan bill--an enormous accomplishment in and of itself.
The sniping, however, soon arose from both sides, and the strong possibility of countless partisan amendments suggested the bill might get sunk. Added to the mix was a division between the nation's two largest teacher unions as to whether they favored the bill.
Yesterday, reauthorization defied the odds again. Members of the Senate education committee put aside the personal interests in marking up (and bringing down the bill) and voted 22-to-0 to move the bill to the full Senate.
Thursday, April 16, 2015
Female Teacher’s Discrimination Suit Can Proceed Against District Alleged to Prefer Male Coaches as Driver’s Ed Teachers
A federal district court in Alabama recently allowed a female teacher’s gender discrimination claim to proceed upon her sufficient showing that a school district preferred male employees as a driver’s education teachers. A female teacher in Mobile County, Alabama sought a driver’s education teaching position to allow her more free time to pursue coaching opportunities. She was turned down for two driver’s ed jobs and was told by school officials that male employees were preferred because they could also coach male sports. At a motion for summary judgment in federal court, the school district countered the plaintiff's claim, saying that the actual reason for the decisions was that the male employees had “good working relationships with the administrators at each school” and were held in high esteem. The Southern District of Alabama found that the plaintiff showed that the district’s reasons were pretextual because the jobs were never posted or interview procedures followed. The case is Shaw v. Mobile Cnty. Pub. Sch. Sys., No. CIV.A. 14-0111-CG-B, 2015 WL 419805 (S.D. Ala. Feb. 2, 2015).