Reality, Meet Education Policy. Education Policy, Please, Meet Reality!

Nobody wants to be the guy — especially the Congress-guy — who says that we need to cut education spending. Nobody wants to be the target of attacks from both the well-intentioned and politically opportunistic that they hate children, only care about “the rich,” or any of the other deviousness  that long ago snuck up behind reasoned debate, threw a rope around its neck,  and pulled it backwards.

That’s been proven again today.

If you address it honestly, it’s nearly impossible to deny that federal education meddling has been not just a failure, but a failure with all sorts of bizzaro tendencies. Just look at today’s big edu-news story: Several months ago, Education Secretary Arne Duncan warned that this year 82 percent of the nation’s public schools would be identified as failing under the No Child left Behind Act.  A lot of people smelled pure politics behind the pronouncement — the administration wanted to unilaterally issue waivers from the law in exchange for states adopting POTUS-dictated policies — and today the Center on Education Policy released a report finding that only about 48 percent of schools “need improvement” under NCLB.

Wait, 48 percent? Isn’t that still really high?

It certainly seems so, but who the heck even knows? Every state sets its own standards-and-testing regime and most appear to have gamed the system wildly to stay out of trouble. So are all our schools failing? Half? And what even constitutes failing? No one knows, and few politicians appear willing to talk straight about it. (Of course, most probably have no idea what should constitute math and reading “proficiency” — the law’s goal — to begin with. Indeed, it’s an extremely subjective designation for anyone to make, though some in Washington act like they pretty much know what it is.)

Obviously, no sane individual would ever construct a system like this. But politically, all this illusion and contortion makes sense: Every politician wants to be seen as the savior of our children, but never wants the abuse that would come with creating and enforcing high standards, or being honest about progress made — or not made — under his or her watch. So we get all this sound, fury, and when you compare spending to test scores, educational nothing: 

 

Now, you’d think just the sheer lunacy of federal education policy making would make it clear to all that Washington should get out of education. And if that didn’t do it, the abysmal track record absolutely would. But no: Today the U.S. House of Representatives – the legislative body supposedly full of angry, tea-guzzling Republicans — produced their FY 2012 appropriations bill. And by how much did they cut the U.S. Department of Education budget? 20 percent? 2 percent? No, a microscopic 0.2 percent! A $153 million quark out of a $71.3 billion whale!

While office holders are wrongly considered our leaders by some — they are, in fact, our employees — you’d hope they’d lead a bit by ignoring short-term political consequences and cutting utterly failed programs. But that would be the triumph of hope over reality; politicians are as self-interested as anyone else, and will generally do only those things that help them keep or gain votes. So what must happen is that the public gets intimately familiar with the sick reality of federal education policy and votes based on it. And that means those of us at Cato’s Center for Educational Freedom, and others who know the truth, must do a better job of getting that word out and helping education policy to finally meet reality.

Sen. Rubio to Sec. Duncan: Dear Sir, Obey the Law

Senator Marco Rubio has just written to Secretary of Education Arne Duncan, requesting that he not break the law. At issue is the administration’s plan to offer states waivers from the No Child Left Behind act if they agree to adopt national standards or pursue other educational goals of the administration. Rubio states that these conditional waivers violate the U.S. Constitution, the Department of Education Organization Act, and the No Child Left Behind Act. He’s right.

As my Cato colleagues and I have noted many times, the Constitution mentions neither the word “school” nor the word “education,” and so, under the 10th Amendment, reserves power over those concerns to the states and the people.

The Act creating the Department of Education is equally clear:

No provision of a program administered by the Secretary or by any other officer of the Department shall be construed to authorize the Secretary or any such officer to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system… .[Section 3403(b)]

Nor is the NCLB particularly ambiguous:

‘Nothing in this title shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction. [Section 1905]

The Secretary’s conditional waivers from NCLB mandates, in return for dancing as he desires on national standards, seem to violate all of the above. I wonder if any education reporter will have the temerity to ask Arne Duncan on what grounds he believes he is entitled to ignore these laws? Senator Rubio’s letter certainly gives them a golden opportunity to do so.

Rick Perry, Arne Duncan, and Michael Jackson

To my astonishment, Arne Duncan went after Republican presidential candidate Rick Perry yesterday on the grounds that Perry hasn’t done enough to improve the schools under his jurisdiction. According to Bloomberg News, Duncan said public schools have “really struggled” under Perry and that “Far too few of [the state's] high school graduates are actually prepared to go on to college.”

I was never a huge Michael Jackson fan, but for some reason his “Man in the Mirror” track just popped into my head as I read this. You see, once upon a time, Arne Duncan was “CEO” of the Chicago Public Schools. During and for some time after his tenure, he was celebrated as having presided over “The Chicago Miracle,” in which local students’ test results had improved dramatically. That fact turns out to have been fake, but accurate. The state test results did improve, but not because students had learned more; they appear to have improved because the tests were dumbed-down.

When this charge was first leveled, I decided to look into it myself, and found that it was indeed justified. There was no “Chicago Miracle.” Arne Duncan ascended to the throne of U.S. secretary of education, at least in part, on a myth. The academic achievement of the children under his care stagnated at or slightly below the level of students in other large central cities during his time at the helm. Seems an opportune occasion for someone to “start with the man in the mirror, asking him to change his ways.”

Imposing National Standards

Next month, the Obama Administration will begin granting waivers to states that are not on track to meet proficiency requirements in the No Child Left Behind Act. Education Secretary Arne Duncan will be granting these waivers selectively, based mostly on states’ willingness to abide by new executive branch mandates not included in NCLB, likely including adopting national curriculum standards.

Duncan has the authority under NCLB to grant waivers, but not to compel states to jump through administration hoops in order to earn them, as Neal McCluskey has documented clearly.

As Neal notes in today’s Cato Daily Podcast, essentially imposing national standards – as well as other potential waiver demands – represents a large-scale assertion of federal executive power over local education:

We’ve broken any semblance of a Constitutional balance of power between the executive and the legislative branch. Now the President is just going to dictate to every school what they’re going to teach. And that is a giant threat to freedom and to the American education system.

A broader recognition that the Constitution grants neither Congress nor the President any role in education would go a long way toward fixing these problems. NCLB may be, to quote Arne Duncan, “a slow-motion train wreck,” but using that law to transfer power away from parents, states and Congress is easily a solution worse than the problem.

From Avoiding the National Curriculum Debate, to Smothering It, Just When We Need It Most

Former Florida governor Jeb Bush cares about education. He made major education reforms in the Sunshine State, including many centered on private school choice. He has established the Foundation for Excellence in Education, and dedicates much of his time to education reform. Unfortunately, when it comes to national curriculum standards, it seems his genuine caring has led him to avoid—and now attempt to quash—critical debate on both the dubious merits of national standards, and the huge threats to federalism posed by Washington driving the standards train.

As I’ve complained on numerous occasions, it’s clear that supporters of national standards have employed a stealth strategy to get their way: back-room drafting of standards, content-free Language Arts, and, especially, employing the maddening mantra that national standardization is “state-led and voluntary.” Sadly, you can now add quashing debate to that, even among conservatives and libertarians with longstanding and crucial federalism and efficacy concerns. And according to Education Week, it appears that Jeb Bush—whose foundation just a couple of years ago invited me to participate in a panel discussion on national standards—is taking point on the smothering strategy:

In this space, we’ve been telling you about a few efforts in state legislatures to complicate adoption or implementation of common standards … A move that had the potential to involve many states unfolded last week in New Orleans, but was stopped in its tracks. And none other than former Fla. Gov. Jeb Bush, revered by many conservatives, was involved in stopping it.

The Education Week report links to a letter that Mr. Bush sent to a subcommittee of the American Legislative Exchange Council that was slated to simply take up discussion of model legislation opposing national standards. Mr. Bush urged members to table the proposal. In other words, he urged them to not even talk about it, because apparently even considering that the Common Core might have dangerous downsides should be avoided, even among people who believe in individualism and liberty.

Unfortunately, quashing debate arguably wasn’t the worst aspect of Mr. Bush’s letter. No, that was the fundamentally flawed pretenses he offered for why Common Core should be embraced without debate. 

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Rahm Emanuel Practices School Choice… Grouchily

Chicago’s new mayor, Rahm Emanuel, has followed in the footsteps of President Obama and Education Secretary Arne Duncan, choosing to send his kids to the elite private UC Lab School. It’s a very good school by all accounts, so it’s probably an excellent choice. So why did Rahm get so grouchy when asked about it?

I think it might have something to do with the obvious hypocrisy of cherishing and exercising educational choice for one’s own kids while advocating a one-size fits-few state monopoly school system that makes private schooling unaffordable to the majority of your fellow citizens. Just a thought.

Sorry About Your Burning Village, But You Released the Dragon

There’s a lot of consternation over Education Secretary Arne Duncan’s threat that if Congress doesn’t quickly create and pass a new No Child Left Behind Act he will do it himself, issuing waivers galore for states that adopt as-yet unspecified, administration-dictated reforms. As Andy Rotherham writes in Time, everyone from AEI’s Rick Hess, to angry-teachers’ hero Diane Ravitch, seems to be outraged over the notion that the executive branch would simply bypass Congress because it thinks the legislators are moving too slowly.

What did they expect when they ignored the Constitution to begin with, forgetting that it gives Washington just a few, enumerated powers, and that meddling in education (save prohibiting discrimination and controlling the District of Columbia) is not among them? When they pushed for, or acquiesced to, Washington doing all sorts of things that it has no constitutional authority to do? When they essentially accepted that the Federal Government has unlimited powers? Did they expect federal politicians to suddenly remember they are supposed to be constrained only when they want to do things the educationists don’t like?

Unfortunately, most people in education policy pick and choose when they’ll invoke the Constitution based on whether or not they like what the Feds are doing or are proposing to do. In contrast, if in their presence you consistently state that education policymaking is not among Washington’s few and defined powers, and that the Feds must get out of education, they typically either ignore you; dismiss you with a rhetorical pat and smile like you are a cute, idealistic child; or condemn you as someone who hates children, the poor, teachers, enlightenment, the nation’s economic future, progress, or some combination thereof.

Well here’s the reality: Far too many educationists have helped let the dragon out of its cage. They have only themselves to blame when it burns down their village.

You Can Fool Some of the Audiences Some of the Time…

…but not this one.

According to Education Week, yesterday U.S. Secretary of Education Arne Duncan told an audience at the National Center on Education and the Economy that “we have not and will not prescribe a national curriculum.” Many in attendance got a good laugh out of that one.

Smart audience.

Burke v. Pelosi

Lindsey Burke of the Heritage Foundation has a good post today dissecting Rep. Nancy Pelosi’s recent press release on DC school vouchers.

If anything, Burke goes a little easy on Rep. Pelosi, comparing the maximum value of the vouchers  ($7,500) with the published figure for DC public school spending ($17,600). As it happens, the public school spending figures published by the Department of Education (and the Bureau of the Census) are always badly out of date. That means they don’t take into account the continuing trends of rising overall spending and falling enrollment in DC public schools (let alone inflation). When you break down the DC K-12 education budget for the 2008-2009 school year, as I did in this Excel spreadsheet, it comes out to just over $28,000 per pupil. It’s almost certainly higher today.

What’s more, the average voucher amount is closer to $7,000, so DC schools are underperforming the private voucher schools while spending four times as much per pupil.

Despite this, Rep. Pelosi, President Obama, Education Secretary Arne Duncan, and over 90% of Democrats in the House and Senate oppose the DC voucher program. It’s almost as if politicians care more about special interests and ideology than they do about kids and reality.

At Least 82 Percent of Education Is Politics

The big schooling story is U.S. Secretary of Education Arne Duncan’s assertion that this year 82 percent of public schools could be identified as failing under No Child Left Behind. That’s a huge percentage, and also hugely disputed. But the real story here, as always, is that government control of schooling is all about politics, not education.

Start with the 82 percent figure. It’s a consequence of NCLB’s demand that all students be “proficient” in mathematics and reading by 2014. That’s a severely reality-challenged goal, especially if proficient is supposed to mean having mastered fairly tough material. But the law largely wasn’t driven by reality — it was driven by politicians wanting voters to see them as uncompromising on bad schools.

Now the controversy. People who track NCLB results — including many Democrats — say the 82 percent figure is ridiculously inflated. Reports the Washington Post:

“I find it hard to believe,” said Jack Jennings, a former Democratic congressional aide who is president of the Center on Education Policy, an independent think tank that tracks the law. “I think they really stretched it for dramatic effect.”

And why the possible prioritization of “dramatic effect” over “reality”? Because the Obama administration is pushing to get the law rewritten along lines it likes, and might very well feel the need to scare the bejeepers out of the public to get momentum behind it:

Charles Barone, a former congressional aide who helped draft the 2002 law, called Duncan’s projection “fiction.” Barone tracks federal policy for a group called Democrats for Education Reform, which is generally in accord with Obama’s policies on education changes.

“He’s creating a bogeyman that doesn’t exist,” Barone said of Duncan. “Our fear is that they are taking it to a new level of actually manufacturing a new statistic – a ‘Chicken Little’ statistic that is not true – just to get a law passed. It severely threatens their credibility.”

But hold on! With only about 37 percent of schools identified as failing last year, the leap to 82 percent certainly does seem improbable. But quietly evading the spirit of NCLB — actually improving educational outcomes – some states backloaded their improvement goals to very late in the full-proficiency game, betting NCLB would be gutted by 2014 and they’d never be held accountable. So some states really might be on the verge of having to pay the piper big time, and the failure rate perhaps could be set to rise dramatically. But you’d have to know a lot about the political machincations in every state to figure that out. 

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Oh, to Be Politically Favored!

Yesterday, the U.S. Department of Education released the latest student-loan default data, and along with it offered some good ol’ fashioned profit-bashing. Meanwhile, politically favored schools got off with nary a negative word.

The FY 2008 default rates certainly aren’t good. Overall, 7 percent of borrowers whose first payments were due between October 1, 2007, and September 30, 2008, had defaulted by September 30, 2009. And yes, for-profit schools had the highest rate out of non-profit private, public, and for-profit schools, which came in at 4 percent, 6 percent, and 11.6 percent, respectively.

To what did Secretary of Education Arne Duncan attribute these results? The overall default rate, he suggested, was but the sad consequence of ”many students…struggling to pay back their student loans during very difficult economic times.” The for-profit rate, however, had a very different cause: “[F]or-profit schools have profited and prospered thanks to federal dollars” and many have saddled “students with debt they cannot afford in exchange for degrees and certificates they cannot use.”

Already, you can see that for-profits are largely just an easy political target: All defaulting borrowers are portrayed as victims; wasteful, money-hoarding, non-profit institutions get no mention; and for-profits are painted as predators.

Of course, for-profits do have higher default rates, so maybe they really are predators.  But there’s more from yesterday…

At roughly the same time Duncan was dumping on for-profit schools, his boss was feting another subset of higher education: historically black colleges and universities (HBCUs). Indeed, he was kicking off National HBCU Week, and lauding the schools’ work. But guess what? While the Education Department doesn’t release default rates for HBCUs as a group, quickly pulling those schools’ data together and averaging their default rates indicates a rate even higher than for-profit schools:  almost 12 percent. Moreover, for four-year, private, non-profit HBCUs — which like for-profit colleges don’t get big state subsidies to help keep tuition artificially low – the default rate is nearly 13 percent.

So why no criticism by Duncan of HBCUs? Heck, why was his boss celebrating them?

Because they are politically favored, that’s why. Of course, this is in part because of their very important historical mission to furnish higher education to long-oppressed African Americans. It is also, though, because like all “non-profit” colleges and universities, HBCUs act as if their employees have no interest in higher salaries, nicer facilities, easier workloads — all the rewards that the people in not-for-profit schools give themselves instead of paying profits out to shareholders.  But there’s no evidence that people in HBCUs or other non-profit schools are any less self-interested than people working or investing in for-profit institutions. 

Why do I point this out? Not to pick on HBCUs, but to further illustrate the point that the attack on for-profit schools isn’t really about saving taxpayer dollars or protecting students, but going after the easiest target to demagogue – people honest about trying to benefit themselves as much as “the students.” It is also to illustrate, once again, that when we let government fund something, it is political calculus – not educational benefits, economic effectiveness, or what’s best for taxpayers – that ultimately drives the policies. Which is why government needs to get out of the higher ed business that it has made both bloated and, ultimately, a net drain on the economy.

Duncan’s Invitation Just the Start of the Problem

So U.S. Secretary of Education Arne Duncan invited every Education Department employee to attend Rev. Al Sharpton’s Glenn Beck counter-rally. As David Boaz explained in the Examiner, it was a ”highly inappropriate” thing to do, pushing people who are supposed to serve all Americans to support one side of a “political debate.” But that’s just the most obvious problem with Duncan’s weekend doings.

Perhaps just as troubling as his rally-prodding is that Duncan declared education “the civil rights issue of our generation” at Sharpton’s event. This only about a year after helping to kill an education program widely supported by many of the people he and Sharpton insist they want to empower. I’m talking, of course, about Washington, DC’s, Opportunity Scholarship Program, a voucher program that was proven effective. But the heck with success — Duncan and President Obama let the union-hated program die.

The cause for concern, though, doesn’t end there. According to the Examiner, an Education Department spokeswoman tried to gloss over the boss’s out-of-bounds play by suggesting that Sharpton’s rally was but a mere “back-to-school event.” Sound familiar?

That’s right! As I just blogged about, last year the Obama administration scared parents and taxpayers across the country by sending politically charged material to all public schools to prepare them for the president’s planned address to the nation’s children. Only after it took serious heat for that did the administration have the most alarming material changed. And then what did it do? Declared that the address would obviously be but a simple back-to-school speech, and tried to make everyone who knew what had actually transpired seem like a partisan attack dog.

As long as politicians run education, education will be hopelessly politicized. Unfortunately, that’s the simple back-to-school lesson for today.