Federal Education Results Prove the Framers Right

Yesterday, I offered the Fordham Foundation’s Andy Smarick an answer to a burning question: What is the proper federal role in education? It was a question prompted by repeatedly mixed signals coming from U.S. Secretary of Education Arne Duncan about whether Washington will be a tough guy, coddler, or something in between when it comes to dealing with states and school districts.  And what was my answer? The proper federal role is no role, because the Constitution gives the feds no authority over American education.

Not surprisingly, Smarick isn’t going for that. Unfortunately, his reasoning confirms my suspicions: Rather than offering a defense based even slightly on what the Constitution says, Smarick essentially asserts that the supreme law of the land is irrelevant because it would lead to tough reforms and, I infer, the elimination of some federal efforts he might like.

While acknowledging that mine is a ”defensible argument,” Smarick writes that he disagrees with it because it “would presumably require immediately getting rid of IDEA, Title I, IES, NAEP, and much more.” He goes on to assert that I might ”argue that doing so is necessary and proper because it’s the only path that squares with our founding document, but policy-wise it is certainly implausible any time soon.” Not far after that, Smarick pushes my argument aside and addresses a question to ”those who believe that it’s within the federal government’s authority to do something in the realm of schools.”

OK. Let’s play on Smarick’s grounds. Let’s ignore what the Constitution says and see what, realistically, we could expect to do about federal intervention in education, as well as what we can realistically expect from continued federal involvement.

First off, I fully admit that getting Washington back within constitutional bounds will be tough. That said, I mapped out a path for doing so in the last chapter of Feds In The Classroom, a path that doesn’t, unlike what Smarick suggests, require immediate cessation of all federal education activities. Washington obviously couldn’t be pulled completely out of the schools overnight.

Perhaps more to Smarick’s point, cutting the feds back down to size has hardly been a legislatively dead issue. Indeed, as recently as 2007 two pieces of legislation that would have considerably withdrawn federal tentacles from education — the A-PLUS and LEARN acts – were introduced in Congress. They weren’t enacted, but they show that getting the feds out of education is hardly a pipe dream. And with tea parties, the summer of townhall discontent, and other recent signs of revolt against big government, it’s hardly out of the question that people will eventually demand that the feds get out of their schools.

Of course, there is the other side of the realism argument: How realistic is it to think that the federal government can be made into a force for good in education? It certainly hasn’t been one so far. Just look at the following chart plotting federal education spending against achievement, a chart that should be very familiar by now.

Education Spending

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Neal McCluskey • October 28, 2009 @ 3:35 pm
Filed under: Education and Child Policy; General; Law and Civil Liberties

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The Constitution? Not That Old Thing!

ConstitutionOver at Flypaper, Andy Smarick can’t figure out what the Obama administration thinks is the proper federal role in education.

A couple of weeks ago, commenting on a speech by U.S. Secretary of Education Arne Duncan, Smarick couldn’t tell whether Duncan was advocating that the feds be friendly Helpy Helpertons, no-excuses disciplinarians, or something in between. Yesterday, Smarick revisited the whither-the-feds theme, pointing out the frustrating contradiction when Duncan both praises local and state education control and blasts states for doing stuff he doesn’t like.

But Duncan isn’t alone in his fuzziness, according to Smarick, who says he’s ”yet to come across anyone with a comprehensive, water-tight argument for what the feds should and should not do.”

I’m sure this is not the case, but from reading that you’d think Smarick had never run across a little thing called “the Constitution,” which furnishes just the “water-tight argument for what the feds should and should not do” that he seeks.  It also appears that he’s never encountered numerous things that I’ve written pointing this out. For instance, in Feds in the Classroom I wrote:

Because two of the sundry words that do not appear among the few legitimate federal functions enumerated in the Constitution are “education” and “school,” the federal government may have no role in schooling.

Ah, but what of the “general welfare” clause that comes before the enumerated powers in the Constitution’s Article I, Section 8? Doesn’t that give the feds authority to do anything that is in the nation’s best interest? At the very least, doesn’t it break the water-tight seal against federal education intervention?

Nope. I give you James Madison on the general welfare clause in Federalist no. 41:

For what purpose could the enumeration of particular powers be inserted, if these and all others were meant to be included in the preceding general power? Nothing is more natural nor common than first to use a general phrase, and then to explain and qualify it by a recital of particulars.

The general welfare clause confers no authority on the federal government, it just introduces the specific, enumerated powers that follow it. Among them, you’ll find not a peep about education.

Many educationists will think me hopelessly retrograde for bringing up the Constitution, although Duncan at least mentioned the dusty old document in his recent federalism speech. Unfortunately, he engaged it with all the courage and gusto of Sir Robin. But at least he acknowledged its existence — too many policymakers and wonks ignore the Constitution completely because it forbids Washington from doing the sundry things they want it to do.

But why shouldn’t the Constitution be treated like an ancient grandfather, a nice old guy whose utterances, in a half-hearted effort to be respectful, we acknowledge in the same tone we’d use with a toddler and then promptly ignore?

Because it is the Constitution that clearly establishes the bounds of what the federal government can and cannot do, that’s why! And because when we ignore the Constitution we get exactly the sort of government that is confounding Smarick: government that is capricious, often incoherent, and is ultimately an existential threat to freedom because government officials can claim power without bounds. See TARPcampaign finance, and executive pay for just a few examples of this last threat coming to fruition.

Which leaves all of the people who want Washington to have some role in education, but are frustrated by not knowing what else the feds might do, with only one choice. They can either continue to face inscrutable and ultimately unlimited federal power in hopes of getting what they want, or they can acknowledge what they keep choosing to ignore: That the Constitution is the supreme law of the land, and it gives the federal government no authority to govern American education.

Neal McCluskey • October 27, 2009 @ 2:30 pm
Filed under: Education and Child Policy; General; Government and Politics; Law and Civil Liberties

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NAEP Math Scores, NCLB, and the Federal Government

I’m surprised anyone was surprised by the recent flat-lining of scores on the NAEP 4th grade math test. The rate of improvement in NAEP scores has been declining since No Child Left Behind was passed, and the recent results are consistent with that trend.

But what really amazes me is that so many people think the solution is just to tweak NCLB! The unstated assumption here is that federal policy is a key determinant of educational achievement. That’s rubbish.

We’ve spent $1.8 trillion on hundreds of different federal education programs since 1965, and guess what: at the end of high school, test scores are flat in both reading and math since 1970, and have actually declined slightly in science. (Charted for your viewing pleasure here).

If we’ve proved anything in the past 40 years, it is that federal involvement in education is a staggering waste of money.

Meanwhile, education economists have spent the last several decades finding out what actually does work in education. They’ve compared different kinds of school systems and it turns out that parent-driven, competitive education markets consistently outperform state monopoly school systems like ours. I tabulated the results in a recent peer-reviewed paper and they favor education markets over monopolies by a margin of 15 to 1.

So policymakers who actually care about improving educational outcomes should be spending their time and resources enacting laws that will bring free and competitive education markets within reach of all families. And they should be ignoring the education technocrats who — like Soviet central planners — just want to keep spending other people’s money tweaking their fruitless five year plans.

Andrew J. Coulson • October 19, 2009 @ 12:17 pm
Filed under: Education and Child Policy

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All That NAEP Tells Us Is Things Ain’t Good

Yesterday, another round of scores on the National Assessment of Educational Progress – the so-called “Nation’s Report Card” — came out. They revealed flattened 4th-grade math achivement between 2007 and 2009, and a two point (out of 500) increase in 8th grade.

So what do these bits of data portend? Ask the experts:

“The trend is flat; it’s a plateau. Scores are not going anywhere, at least nowhere important,” said Chester Finn, president of the Thomas B. Fordham Institute, according to the New York Times. “That means that eight years after enactment of No Child Left Behind, the problems it set out to solve are not being solved, and now we’re five years from the deadline and we’re still far, far from the goal.”

Next, former National Center for Education Statistics commissioner Mark Schneider concluded that “either the standards movement has played out, or the No Child law failed to build on its momentum. Whatever momentum we had, however, is gone.”

And then there’s Michigan State University professor William Schmidt, a leading national-standards proponent, who opined in the Baltimore Sun that “there is a hardly any change. There is hardly any difference. How could we as a nation let that happen?” His solution to the problem: National standards, of course.

So what do I think about all this? As a long-time critic of NCLB, I am glad to see people seizing on the latest results and declaring the law a failure. It helps to advance my goal of ending the greatest federal education intervention to date, and I think NCLB supporters kind of deserve these attacks on their law. They have repeatedly given NCLB credit for positive things the evidence couldn’t come close to supporting, and it’s nice to see them on the defensive after all their overreaching.

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Neal McCluskey • October 15, 2009 @ 5:44 pm
Filed under: Education and Child Policy

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We Are not Seeing the Bell Curve’s Toll

Ben ChavisLast week, I posted a chart on this blog showing the percent change in federal education spending and student achievement since 1970 (achievement has been flat while federal education spending has nearly tripled).

After laughing out loud when he saw it, IQ expert and Bell Curve author Charles Murray mused that “such a huge proportion of a child’s educational prospects are determined by things other than school (genes and the non-school environment) that reforms of the schools can never do more than produce score improvements at the margin.”

But consider the accomplishments of Ben Chavis, who spoke at Cato last Friday. When he took over the American Indian Public Charter School in Oakland in 2001, it was the worst school in the district. Under his leadership (imagine a hybrid of Socrates and Dirty Harry), the school’s scores rose dramatically year after year. Within seven years, it had become the fifth highest-scoring middle school in the state — though continuing to enroll a student population that is overwhelmingly poor and minority.

It was not a freak occurrence. Chavis did it again, and again: creating a second AIPCS middle school as well as a high school, both of which are also among the top schools in the state, and both of which also enroll chiefly low income minority students.

Murray has made a compelling case over the years that IQ is real, strongly tied to academic achievement, and determined in significant measure by nature and home environment. But academic achievement is also powerfully determined by schooling. Typical U.S. test score data camouflage the significance of schooling because so many schools are so amazingly bad at maximizing academic achievement — especially for poor minority students.

But Chavis — and others before him and alongside him today — have shown how to do it: instill in the school environment those cultural characteristics necessary for academic success that are missing in the home.

In a free enterprise school system that would automatically disseminate and perpetuate great schools like Ben’s, average test scores would rise dramatically above their current levels. The Bell Curve would be shifted dramatically to the right.

Andrew J. Coulson • October 5, 2009 @ 9:40 am
Filed under: Education and Child Policy; General

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Public Schools Are the Future of Charter Schooling

For years we’ve been told that charter schools are the future of public schooling. The reverse is true.

The pattern in publicly funded education, both domestically and internationally, has always been one of increasing regulation over time, and of the triumph of producer interests over the interests of parents and children. Public schools in the late 1800s had considerably more autonomy than do most modern charter schools. Over time, public schools have come under the sway of centralized bureaucracies dominated by employee unions.

That same pattern is playing out in the charter school sector. As the Associated Press reports today, the American Federation of Teachers has just signed several more collective bargaining agreements for charter school teachers in New York City and Chicago. Meanwhile, federal education secretary Arne Duncan has been calling for more government “accountability” (read: “regulation”) for charters, singing from the union’s hymnal. From the AP:

AFT president Randi Weingarten said the administration’s push for more charter schools must come with stricter regulation.  “You can’t do one without the other,” Weingarten said.

Duncan struck the same tone Monday, saying that only high-quality charters should be allowed to operate.

If you want to know what charter schools will look like in a generation or so, just look at the public school status quo.

Andrew J. Coulson • June 23, 2009 @ 9:23 am
Filed under: Education and Child Policy

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