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House and Senate Committees Discuss No Child Left Behind Reauthorization

On March 13, the Senate Health, Education, Labor and Pensions and the House Education and Labor Committees held a joint hearing on the reauthorization of the No Child Left Behind (NCLB) Act (P.L. 107-110). The hearing focused on congressional efforts to close the student achievement gap that exists among low-income and minority students.

In his opening remarks, House Education and Labor Committee Chair George Miller (D-CA) said, “When the Supreme Court said in its Brown v. Board of Education decision over 50 years ago that segregated schools cannot be equal, it affirmed the right of every child to an education on equal terms. But despite that decision, and although many children have received a first-rate education, many others have not. Far too many children still do not have the educational opportunities that they deserve. Instead, we have seen a persistent academic achievement gap and a persistent graduation gap. Our nation has become too complacent about both.” Rep. Miller continued, “While it is critical that we remain faithful to the goals of No Child Left Behind, it is equally important that five years after its enactment we seek out new and better ideas for how best to achieve those goals. This hearing is the formal beginning of what will be a bipartisan, comprehensive, and inclusive process to change and improve the No Child Left Behind law.”

While detailing some of the successes of the NCLB Act, Ranking Member Howard “Buck” McKeon (R-CA) also expressed some concerns with the implementation of the law. “Yes, the achievement gap is closing but it’s not closing quickly enough. Yes, there is an ongoing discussion about how best to educate every child but within that discussion are some voices in Congress and in the education establishment urging us to back away from holding schools accountable for the education they are (or are not) providing our children. And yes, parents do have more options when it comes to giving their child the best possible education but there still aren’t enough options available or utilized.” Rep. McKeon added, “On this last challenge in particular, I believe Congress has an obligation to act. At its heart, No Child Left Behind IS a parental choice law. And indeed, if we are truly serious about strengthening NCLB, then we must get truly serious about giving parents more tools so their children can thrive under it. And it starts by empowering them with more choice.”

Senate Health, Education, Labor and Pensions Committee Chair Edward Kennedy (D-MA) stated that NCLB has made tremendous progress in realizing the goals of providing all students with a quality education, establishing “standards, assessments and systems of accountability to track the achievement of students,” and meeting the needs of individual students. He added, “We know, however, that we’ve only just begun. At this stage of the reauthorization, we look forward to hearing a range of ideas to build on the initial success of the Act and deal with its problems. We need more effective ways to measure student growth toward standards, and to recognize schools for that progress. Our goal is to focus on the lowest performing schools, instead of simply classifying so many as failures. We can’t just label schools. We must help them improve. Over 9,000 low-income schools are confronting their weaknesses as they develop and implement the improvement plans required by law. The federal role in assisting these schools may be our greatest challenge, and it’s a top priority for this reauthorization.”

Ranking Member Mike Enzi (R-WY) said, “I want to make it very clear that I support the four core principals of the No Child Left Behind Act: all students at grade level in reading and math by 2014; annual assessments and disaggregation of data; qualified teachers in core academic subjects in every classroom; and timely information and options for all parents.” Sen. Enzi continued, “As we move forward with this process, I will be focused on the impact the law has had on rural schools and students. Schools in rural areas face obstacles and issues that are unique and very different from other areas. We need to make sure that what we do does not have unintended negative consequences on schools where there may be only ten students and one teacher. These schools should not be penalized when they are working within the law to ensure that all students receive the education they need to be successful. No rural school or student should be left behind.”

Former Georgia Governor Roy Barnes testified about recommendations made by the Aspen Institute’s Commission on No Child Left Behind. Governor Barnes said, “As all of us know, teacher quality is one of the most important factors in improving student achievement. The difference effective teachers make, especially for disadvantaged children, is well documented in study after study,” Governor Barnes said. He continued, “The Commission recommends a sea change in NCLB’s teacher quality focus from credentials to effectiveness. Instead of being evaluated only by their requirements for entry into the teaching profession, such as certification and licensure, teachers should have the opportunity to demonstrate their effectiveness in the classroom. We recommend that [a] teacher who produce[s] learning gains and receive[s] a positive principal evaluation or peer review should be recognized as a ‘Highly Effective Teacher.’ The Commission is not recommending that student learning gains be the sole determinant of teacher effectiveness. However, we believe it must be a significant part of the equation.”

“NCLB may be one of the most important civil rights laws that this Congress will address,” stated Wade Henderson, president and CEO of the Leadership Conference on Civil Rights. Mr. Henderson said that “the promise of Brown [v. Board of Education] remains unfulfilled. Inequality is rampant by almost every measure. NCLB’s test scores paint a bleak picture of the achievement gap, with virtually every state’s white students passing state exams at a significantly higher rate than low-income, minority and language minority students.” He continued, “The real crime is the opportunity gap…minority students are more than twice as likely to have inexperienced teachers. Low-income, minority, and language minority students attend schools with far less funding; they attend larger classes that are more likely to be taught by out-of-subject teachers and in worse facilities; and have fewer and older books, as well as less access to computers, high-speed Internet, and modern science labs.”

Arthur Rothkopf, senior vice president and counselor to the president of the U.S. Chamber of Commerce, testified on behalf of the Business Coalition for Student Achievement (BCSA), a coalition led by the U.S. Chamber of Commerce and the Business Roundtable. Mr. Rothkopf said, “The United States in the 21st century faces unprecedented economic and social challenges: global competition, the retirement of 77 million baby boomers, and the fact that 90 percent of the fastest-growing jobs will require some postsecondary education. It is for these very reasons that a recent survey of our affiliated chambers from around the country rated workforce and education reform as their number one priority.” To that end, the BCSA recommended that Congress focus on improving NCLB in six areas: “Focus on college and workplace readiness; emphasize science, technology, engineering and math; enhance data-driven decision making; increase teacher and principal effectiveness; strengthen and refine accountability; and invest in school improvement and encourage innovation.”

Michael Casserly, executive director of the Council of the Great City Schools, a coalition of 66 of the nation’s largest urban public school systems, said, “The Council of the Great City Schools supported the passage of No Child Left Behind when it was heading to the House and Senate floors…because our members wanted to be on record in support of raising student achievement, closing achievement gaps, and being accountable for results.” However, Mr. Casserly acknowledged that achievement gaps remain due largely to “persistent racial and economic inequities that are rampant in the nation’s educational system, public and private.” He continued, “We are recommending that Congress retain the overall framework of No Child Left Behind but refocus the law’s provisions around instructional strategies that improve student achievement and move away from procedures that don’t work…Thus, we recommend taking steps to build the technical infrastructure by which data on student performance and individual teachers are linked, as well as creating incentives and induction programs aimed at retaining experienced teachers in the schools that need them the most.”

Edward McElroy, president of the American Federation of Teachers, testified about the need to reform the current adequate yearly progress (AYP) system. “No discussion of NCLB can begin without first addressing the flaws of the current [AYP] system. Senators and representatives, many schools in your congressional districts and states are making meaningful academic progress with students, but the current AYP system does not capture these gains. Instead, it misidentifies as failing thousands of schools that are making real progress. It’s demoralizing for students, parents, teachers and communities when they know that their schools are making solid academic progress, yet still see themselves listed in the local paper as ‘not making the grade.’” Mr. McElroy added, “We welcomed the U.S. Department of Education’s pilot program, which allowed a small number of states to experiment with growth models as a way to make AYP. Unfortunately, we believe that the department’s definition of growth is too narrow…AFT wants an accountability system that is fair and accurate one which ensures that no group of students is ignored. A sound accountability system must serve another important purpose: It should distinguish between schools that need intense and multiple interventions and those that need only limited help. This will ensure that struggling schools get help when they need it and schools that are improving will not be unfairly penalized.”

Reg Weaver, president of the National Education Association (NEA), used part of his testimony to advocate that improved teaching conditions must be part of efforts to reauthorize NCLB. “[W]e believe Congress should reward states that set a reasonable minimum starting salary for teachers and a living wage for support professionals working on school districts that accept federal funds. We have asked our nation’s educators to take on the most important challenge in ensuring America’s future. Yet, we have denied these educators economic security and respect. It is time to end this untenable situation. Congress must take a bold step and set that minimum standard.” Mr. Weaver outlined specific recommendations for teacher salaries: “NEA would recommend that no teacher in America should make less than $40,000 and no public school worker should make less than $25,000 or a living wage…We also urge Congress to advance teacher quality at the highest poverty schools by providing $10,000 federal salary supplements to National Board Certified Teachers…In addition, you should consider other financial incentives to attract and retain quality teachers in hard-to-staff schools, including financial bonuses, college student loan forgiveness, and housing subsidies.”

“The next generation of NCLB must ensure state agencies have the ability to improve their education systems by building on the strengths and assets that have proven to be successful in their state at the local level,” said Elizabeth Burmaster, president of the Council of Chief State School Officers. Ms. Burmaster stated that “the reauthorized Elementary and Secondary School Education Act must evolve to fit with the next stage of standards-based reform, shifting from the law’s current focus on prescriptive compliance requirements to a dynamic law focused on providing real incentives for innovative state and local models along with fair and meaningful accountability for results.” She continued, “Congress cannot ask states to continue to drive the education reform process without giving them authority and capacity to lead. The U.S. Department of Education strictly enforced the rigid prescription of the current language of the law. Chief State School Officers have been the first to see how this rigid prescription has worked against the intent of the law in many cases.”

During questions, Rep. Rob Andrews (D-NJ) asked about the use of growth models to measure student achievement. Growth models would take into account any progress made by students over a period of time, even if that progress fell short of mandated standards. Although there was no consensus among the panelists about specific provisions, all supported its use in theory and expressed the need for good data to develop the appropriate model.

Rep. Vernon Ehlers (R-MI) asked the panel about the development of math and science teachers. The panelists agreed that math and science teachers are critical and that more needs to be done to recruit and retain them. Ms. Burmaster said that alternative certification of math and science teachers would be important in raising their numbers. Mr. Weaver added that the recruitment and retention of minority math and science teachers also was critically important.