No Child Left Behind--it is a blessing or a curse for our schools? Both, according to the testimony heard Saturday, November 15 at Stanley Middle School in Lafayette.

Assemblymember Loni Hancock and the Select Committee on Bridging the Achievement Gap held a hearing, "No Child Left Behind? How the Federal No Child Left Behind Act impacts local schools and children," that featured several educators speaking about how the law affects their work. In addition, members of the audience spoke about perceived flaws in the legislation and about the systematic under-funding of the Act and schools in general.

It should be noted that the goals of NCLB are important. Education in America is a system that does not provide equal education for all. The most important component for learning--qualified, experienced teachers--are often lacking in the schools that need them most. The ongoing lawsuit against the State of California [Williams] showcases how schools in poor communities are much more likely to be poorly maintained, less likely to have proper textbooks, less likely to have qualified teachers. [ http://www.idea.gseis.ucla.edu/resources/williamscase/ ]

But inequities are not limited to poverty-stricken communities. Even in districts such as Berkeley, where nearly every teacher is certificated, large, persistent gaps in achievement between children of affluent, mostly white, families and children of color exist. And they exist no matter how you want to measure outcomes: graduation rates, teachers' own assessments, standardized tests. Yes, teaching students from less-affluent families is more challenging--but that does not mean we as a community [and a country] should not be clear about our lack of success in that endeavor, acknowledge how crucial the task is, and focus our efforts to improve.

This article will attempt to summarize the most important points made at the hearing. There are links at the end for those more deeply curious, and I would recommend going to them for more lengthy explanations than are possible here.

--The NCLB Act will be the driving force in setting policy for schools across the country for this decade and beyond.
--Its stated goals:
Stronger accountability for results
More freedom for states and communities
Encouraging proven education methods
More choices for parents
--It was passed with overwhelming bipartisan support.
--The ultimate goal [to be achieved in 2014] is 100% proficiency in both English-language arts [which they abbreviate as ELA, but this article with call "English"] and math.
--Progress must be made in both English AND math, or a school will be labeled as needing "Program Improvement" [Often the term "failing" is used, in the sense of failing to meet the target numbers.]
--95% of students must take the tests, or a school will be labeled as needing "Program Improvement", no matter its performance.
--Progress must be made by all subgroups [race, gender, economic status] that are statistically large enough.
--All teachers must be "highly qualified" by 2006-07, the definition of which is not quite the same as California's teacher certification. Teachers in Title 1 schools must be "highly qualified" immediately.
--While the targets are set relatively low now, they start ramping up quickly starting in 2006-07.

Objections to NCLB run along these lines
--Classroom: Too much emphasis on subjects that are tested, arts, music, etc ignored.
--Students: Too many standardized tests, too much time spent not learning.
--Assessment: Relies only on standardized test data, which is not an accurate measure of overall student performance.
--Participation: 95% of students must take the tests, or a school will be labeled as needing "Program Improvement". By law in California, parents may excuse their children from the tests, but excused students count against the participation numbers.
--Teachers: Incoherent system of certifying teachers as "highly qualified," does not relate directly to state system.
--Goal: All students proficient or above by 2014 is not backed by common sense or research.
--Unfunded mandates: The restrictions, regulations, and improvements mandated by NCLB come with no dollars attached to them. Thus a Catch-22 situation exists. [Note on the money issue: It is important to separate the issue of under-funding from the issue of trying to meet the goals of NCLB. Everyone deserves equal protection under the laws, equal access to good quality schools and education. When we are told that we must have the same expectations for educating our black and latino students as white students, some protest that we can't change unless we get more money!? Our schools are underfunded, but this argument against NCLB is reactionary. That said, there may be elements of NCLB implementation that could be more cost effective.]
--Increased regulation: Regulations place a burden on districts to show compliance.
--Inconsistent with state programs in place already. Creates confusion and increased costs.
--Money: Decreased state money for education prevents spending on research-based programs to increase achievement.
--Threat to public education: Measure calls for outside corporations to run after-school programs, possibly charter schools, etc. When coupled with lowered funding, sets schools up to fail.

What happens when a school or district enters Program Improvement? In Berkeley, only Rosa Parks is in this situation. Rosa Parks is in year 3 of Program Improvement. Once a school enters Program Improvement, it must meet all performance targets in English and math for the school as a whole and all significant subgroups for two years in a row to exit the program.

Although NCLB was based in early 2002, it is really just a tougher, extended version of the Title I law that preceded it.  Even under the old law, schools that did not make progress had to go into Program Improvement.  But the consequences were not as significant. That is how Rosa Parks can be in Year 3 even though NCLB began in 2002.

Program Improvement School Requirements:
Year 1: Revise school plan, Use 10% of Title 1 funds for staff development, Provide school choice with paid transportation, District provides technical assistance.
Year 2: Continue Year 1, add supplemental services and tutoring
Year 3: Continue above, add district corrective action
Year 4: Continue above, add development of plan for alternate governance
Year 5: Implement alternative governance plan [Reopen as a charter, or replace staff, or contract with external entity, or takeover by state.

Program Improvement at the District Level
Year 1: Revise LEA Plan, Use 10% of Title 1 funds for staff development, Target students not making AYP, Provide extended learning opportunities, Involve parents, Receive TA from state
Year 2: Continue to implement plan
Year 3:  State takes one corrective action: Reduce funds, Institute new curriculum and staff development, replace personnel, Appoint trustee, Restructure LEA, AND authorize school choice.

California in relation to NCLB
--California, prior to NCLB, had set state standards and created a testing system to provide accountability.
--Unfortunately, the US Department of Education is not waiving any of the requirements of NCLB, which means that although there may be programs in California that are very similar to those NCLB requires, California must revamp those programs to meet NCLB. This creates confusion and costs dollars.
--California built its accountability model around API [Academic Performance Index] whereas NCLB uses AYP [Average Yearly Progress]. One is a growth model, one is a static measurement. The differences are technical, but California has grown comfortable with API. It is now the "secondary indicator" for performance.
--API combines math and English and sets growth targets. AYP separates math and English and sets certain percentages of students who must be proficient. Currently, that percentage is small, but rises to 24.5% by 2004-05, 35.2% by 2007-08 and increases 11%/year thereafter to reach 100% by 2014.
--Teachers must be "highly qualified," the definition of which is not quite the same as California's certification, and actually, due to the way it is written, makes teachers with years of classroom experience "not highly qualified" in the subject they've taught for years [this is especially an issue in the high schools]. It also requires more bureaucracy to track for districts like Berkeley, where 97% of the teachers are state certified.

The format of the event included a description of the high points of the measure, comments from a panel of teachers, principals, and administrators, including our own Superintendent Michele Lawrence. 17 audience members spoke, including 2 [Issel, Rivera] of the 4 [+ Riddle, Selawsky] Berkeley School Board members present.

Here are a few of the comments:
From Michele Lawrence:
--Don't lose sight of the goal!
--Lack of funding makes the goals impossible to attain.
--While funding decreases, regulations, and the cost of compliance, increases.
--Especially at underperforming schools, NCLB is decreasing art, music, PE, etc in favor of English and math.
Solutions:
--Repeal 10 state Education Codes [it runs 30 volumes] each year--give districts the flexibility to work without restrictions to attain the goals.
--Fully fund the cost for 10 districts to extend the school year 30 days this year. Fund an additional 10 districts each successive year.
--Insist on multiple measures of performance, not just standardized tests.

Janice Thompson, a principal in a Richmond school that has seen huge performance increases told her story:
--Four years ago, she inherited a school in a poor neighborhood, all children of color, with an API of 324. Starting with basic things: Improving attendance [from 84% to 94%], working with parents, and creating an after school program, the school has restored hope among the faculty [which went from just a few certified teachers to mostly certified teachers], parents and children. The most recent API is in the 500s.
--Stop punishing schools--fund them fully so there are no layoffs.

From Boardmember Issel:
--Feels she's on the Compliance Board not the School Board--cut regulations.
--Repeal NCLB or don't comply and accept the funding cuts.

From Boardmember Rivera:
--To the Assemblymembers: No more reforms! Remove what isn't working in the Ed Code. Give districts more flexibility.
--Change the rhetoric--school aren't failing!

From a teacher:
--Teachers are NOT against reform or accountability, we are confused by the onslaught in the past five years of evolving state standards and differing federal and state top-down regulation.
--How can an effective, 15-year teaching veteran with a degree from Cal NOT be labeled "highly-qualified?"
--Quoting Wynton Marsalis in NEA Today:
"This whole emphasis on testing and making kids compete with people scientifically--it's creating an elite corps of students who, granted, can compete with anyone. But, for most students, that doesn't work. You need another way to deal with the mythology, the soul of people--to teach them what it means to be an adult, what it means to be alive. That will improve our national life. Not smarter students, but more informed, humane students."
[http://www.nea.org/neatoday/0311/arts.html]

From a district administrator:
--California spends the least of any state [per student] on lobbying in Washington and working with the federal Dept of Education.
From another district administrator:
--Need to align state and federal regulations.
--The data, as it is presented to principals and teachers, is confusing and often conflicting. Better data analysis costs money at a time not even enough teachers can be funded.
--Low-performing students are more likely to move--there is no mechanism to track students statewide as they change districts.

From audience members:
--Vocational education is being eliminated from K-12 education. 75% of high school vocational programs have been eliminated, the rest are threatened. Working with one's hands--welding, plumbing, construction--are perfectly good careers that many people are happy with. NCLB assumes [incorrectly] everyone will need and want to go to college.
--NCLB requires districts to give student information to the military UNLESS parents write the district to opt out.
--Let's not legislate teachers out of the profession.
--High school students noted the large number of standardized tests they need to take--how can they be reduced?
--Nationwide, millions of students are in Special Ed, and they are still expected to be proficient in English and math. For some [though not all], that is not realistic and disheartening.
--If a student fails one subject, the student is not labeled as failing. Neither should a school that fails to show growth in one subject matter or one subgroup.
--You need to pay for what you are asking for.
--Overheard walking out the door: "How am I going to explain all this to the parents at my school [which is categorized as needing "Program Improvement"]. There's so much jargon and even the experts seem confused."

I am sure by now I have exhausted the reader's patience, but would like to end with a couple of comments.

We should remember that we need to educate all of our children in our nation, and in our case, Berkeley's children. Looking at the numbers, whether they are teacher's own assessments or test scores, graduation rates or successful outcomes, they tell a sad tale--we have to say, Yes, we can do better. We must do better.

We can work to remove the most punitive, ineffective provisions of NCLB while continuing to support the goal of quality education for all.

We can work to spread the word: California is 37th in per student state spending on education--we need to increase taxes to pay for our schools and human services. You get what you pay for.

We can work to spread the word about local taxes [such as BSEP in Berkeley] that pick up part of the cost of education that the state and federal governments are refusing to pay.

We can volunteer in our school or after-school program, to make a difference in a child's life.

We can make sure improving achievement is a goal of our schools and our community.

We can make sure every discussion about potential Presidential candidates includes: Where does she or he stand on significantly increasing funding for education [which will require raising taxes]?

We can take our extra money from lowered vehicle taxes or the $400 less in federal taxes [per child!] that most of us will save from lowered federal taxes [each year!] and invest it in the organizations that support schools.

We can reach out to another family at your school for a playdate or impromptu dinner and talk about school experiences.

We cannot afford to do nothing. Loni Hancock, in her closing remarks, asked attendees to do one thing: to stay engaged in the ever-more crucial task of supporting public education.

As Janice Thompson, the principal in a Richmond school that has seen huge performance increases noted:
"NCLB is a blessing because it makes folks teach all our children. It is a curse because it penalizes failure despite the fact there is not enough money to implement its goals. But remember: success is there for every child. We all need to work together to make it happen."

Below are the resources from the event program. Notes by Jay Nitschke. Your additions, corrections or comments are welcome at jay@jaystoys.com

RESOURCES [from the event program]
Representative George Miller and the Education and Workforce ~ Committee have published a report entitled "Broken Promises." Rep. is Miller is one of the principal authors of NCLB but is angry with the President for underfunding it. The report can be viewed at http://edworkforce.house.gov/democrats/brokenpromises.pdf

The Applied Research Center has published a report entitled, "Reporting on Race, Education and No Child Left Behind." While originally intended for journalists, this is a reader-friendly guide. www.arc.org

Rethinking Schools is a periodical that has covered NCLB for educators. "Making Lemonade from NCLB Lemons" is an interesting article by Monty Neil. It can be found at http://www.rethinkingschools.org/archive/18_01/nclu181.shtml

Assemblywoman Loni Hancock is the Chair of the Select Committee. She also sits on the Assembly Education and Budget Committees. Ms. Hancock represents the 14th Assembly District. Her website is: http://democrats.assembly.ca.gov/members/a14

The California Department of Education web site includes a page on NCLB, the State's plans, programs and contacts. This site also links to federal resources. http://www.cde.ca.gov/pr/nclb/

The Official No Child Left Behind web site is sponsored by the U.S. Department of Education. This site provides state data and statistics as well as important dates. www.nochildleftbehind.gov

The U.S. Department of Education web site includes an executive summary of the act: www.ed.gov/legislation/ESEA02/