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.
Neither Standards Nor Shame Can Do the Job
Washington Post education columnist Jay Mathews has done it again: lifted my hopes up just to drop them right back down.
In November, you might recall, Mathews called for the elimination of the office of U.S. Secretary of Education. There just isn’t evidence that the Ed Sec has done much good, he wrote.
My reaction to that, of course: “Right on!”
Only sentences later, however, Mathews went on to declare that we should keep the U.S. Department of Education.
Huh?
Today, Mathews is calling for the eradication of something else that has done little demonstrable good — and has likely been a big loss – for American education: the No Child Left Behind Act. Mathews thinks that the law has run its course, and laments that under NCLB state tests — which are crucial to standards-and-accountability-based reforms — “started soft and have gotten softer.”
The reason for this ever-squishier trend, of course, is that under NCLB states and schools are judged by test results, leading state politicians and educrats to do all they can to make good results as easy to get as possible. And no, that has not meant educating kids better — it’s meant making the tests easier to pass.
Unfortunately, despite again seeing its major failures, Mathews still can’t let go of federal education involvement. After calling for NCLB’s end, he declares that we instead need a national, federal test to judge how all states and schools are doing.
To his credit, Mathews does not propose that the feds write in-depth standards in multiple subjects, and he explicitly states that Washington should not be in the business of punishing or rewarding schools for test performance.
“Let’s let the states decide what do to with struggling schools,” he writes.
What’s especially important about this is that when there’s no money attached to test performance there’s little reason for teachers unions, administrators associations, and myriad other education interests to expend political capital gaming the tests, a major problem under NCLB.
Arne Duncan’s Chicago Schools
The Washington Post reports on what new data reveal about the Chicago public schools run for the past seven years by Arne Duncan, now President Obama’s secretary of education:
This month, the mathematics report card was delivered: Chicago trailed several cities in performance and progress made over six years.
Miami, Houston and New York had higher scores than Chicago on the National Assessment of Educational Progress. Boston, San Diego and Atlanta had bigger gains. Even fourth-graders in the much-maligned D.C. schools improved nearly twice as much since 2003.
As I’ve said before, what always struck me about Obama’s appointment of Duncan to run the nation’s schools — and he is actually moving to do just that, more so than any previous federal administration — is that Arne Duncan ran the Chicago schools for seven years, and in that time he didn’t manage to produce a single school that the Obamas chose to send their own children to. Valerie Schwartz of the Post reminds us that Duncan is not the first Cabinet secretary to be appointed on the basis of great results in a previous job, that then turned out to be not so great.
Of course, you could have read much of the data about Duncan’s results right here at Cato @ Liberty back in July.
What about K-12, Secretary Duncan?
Speaking to the Association of Public and Land-Grant Universities, education secretary Arne Duncan said that “he would gladly cut federal red tape if institutions, in return, showed greater progress on improving student performance.” So the secretary supports less government intrusion in education if schools show improvement.
Except he doesn’t. Not at the K-12 level, anyway. Because Arne Duncan has advocated a slow death for the DC voucher program that his own Department of Education shows is… wait for it… significantly improving outcomes while getting government out of the business of running schools altogether.
But maybe that’s the problem. Schools work better the smaller the role government plays in them, but that means we don’t really need a secretary of education at all, do we?
Way To Go (Almost All the Way), Jay!
This morning Washington Post education columnist — and terrific Cato forum panelist – Jay Mathews called for abolition of the office of the U.S. Secretary of Education! Why? Because it has proven itself worthless, that’s why:
The president, I suspect, thought that Duncan, the former chief of the Chicago public schools, could use all he had learned there to raise achievement for students across the country.
It sounds great, but it was the same thought that led previous presidents to appoint those previous fine education secretaries to their posts. How much good did that do? Test scores for elementary and middle school students have come up a bit in the last couple of decades, but not enough to get excited about. High school scores are still flat. If national education policy had made a big jump forward, I would say we should continue to fill this job, but that hasn’t happened either. I think the No Child Left Behind law, supported by both parties, was an improvement over previous federal policies, but it was only copying what several states had already done to make schools accountable and identify schools that needed extra help.
Other than the “fine” secretaries part and the (sorta) nice words for NCLB, that sounds like something we at Cato’s Center for Educational Freedom might have written. Bottom line: Washington doesn’t add any value to education, and at best just picks up on things states are already doing.
Unfortunately, after dropping the “ed sec must go” bombshell and furnishing ironclad evidence why the position is worthless, Mathews retreats from the obvious, ultimate implication of his argument: We should abolish the department the secretary leads!
The evidence screams this and, from a technical standpoint, you can’t keep a cabinet-level department and not have a secretary to head it. But in what smells a lot like a cop out, Mathews asserts that the department should stay (though in a smaller form). After all, someone has to be in charge of doling out all of the taxpayer cash that isn’t doing a damn bit of good:
Keep in mind I am NOT saying we should abolish the education department. That old Reagan campaign platform died a natural death long ago. We need the department to intelligently distribute federal money to the most promising schools in our cities and states. Cut back the number of people rumbling around that big building on Maryland Avenue—many of them are going crazy from boredom anyway—and put it under the control of a savvy civil service administrator who knows how to keep the checks and the useful data rolling out.
Too bad Mathews wasn’t willing to go all the way on this. But just for proposing that we put the position of U.S. Secretary of Education out to pasture, he deserves some hearty applause.
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.
The Constitution? Not That Old Thing!
Over 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 TARP, campaign 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.
Race to the Top = Klondike Bar
Remember the ads in which actors…er, people…would enthusiastically do demeaning things for Klondike Bars? You know, ads like this one, in which Shakespeare stoops to writing a TV sitcom in exchange for one of those chocolate-encrusted ice cream blocks?
The message, of course, was that the Bard and all the other Klondike-cravers took the deals for the dessert, not, obviously, for the love of what they were being bribed to do. They just wanted the reward – even the biggest idiot understood that.
Sadly, it seems that U.S. Secretary of Education Arne Duncan might be hoping that the public is dumber than the biggest idiot. In a recent interview, he talked as if there might actually be states suddenly making education changes needed to get part of his $5-billion “Race to the Top” fund not because they want the money, but because the reforms are the right thing to do.
“It’s really not about the money – it’s about pushing a strong reform agenda that’s going to improve student achievement,” he said. “We’re going to invest in those states that aren’t just talking the talk but that are walking the walk….If folks are doing this to chase money, it’s for the wrong reasons.”
Only in politics would you bribe people to act, then declare that they’d better not be acting just to get the bribe. But you wouldn’t want the public realizing that politicians and bureaucrats are just as selfish as corporate titans or swindlers, would you?
The problem Duncan is trying to deal with, of course, is convincing the public that reforms coerced with Race-to-the-Top dollars will stay in place after the one-shot-deal bucks are gone. But as even the biggest couch potato knows, Shakespeare simply won’t write for Gary Coleman if there’s no ice cream at the end.
Duncan’s NCLB Reauthorization Push Shows Extreme Tunnel Vision
In a major speech to be delivered today, education secretary Arne Duncan will call for an end to ”‘tired arguments’ about education reform” and ask for input in crafting a ”sweeping reauthorization” of the federal No Child Left Behind act. His decision not to openly debate the merits of reauthorization — to simply assume it — guarantees the tiredness and futility of the discussion.
Americans have spent $1.85 trillion on federal education programs since 1965, and yet student achievement at the end of high school has stagnated while spending per pupil has more than doubled — after adjusting for inflation. The U.S. high school graduation rate and adult literacy rates have been declining for decades. The gap in achievement between children of high school dropouts and those of college graduates hasn’t budged by more than a percent or two despite countless federal programs aimed at closing it.
The secretary himself acknowledges that after more than half a century of direct and increasing federal involvement in schools, “we are still waiting for the day when every child in America has a high quality education that prepares him or her for the future.
In light of the abject and expensive failure of federal intrusion in America’s classrooms, it is irresponsible for the Secretary of Education to assume without debate that this intrusion should continue. Cutting all federal k-12 education programs would result in a permanent $70 billion annual tax cut. Given the stimulative benefits of such a tax cut it is also fiscally irresponsible for the Obama administration to ignore the option of ending Congress’ fruitless meddling in American schools.
NYT Nonsense on SAFRA
With the Student Aid and Fiscal Responsibility Act (SAFRA) likely to be voted on by the full House or Representatives today, the media is finally giving some space to debate over the bill. Unfortunately, the New York Times only pays attention to the parts it likes, writing in an editorial today that:
The private lenders and those who do their bidding in Congress have recently taken issue with a Congressional Budget Office analysis that showed that the bill would save about $87 billion over the next 10 years.
They argue, absurdly, for example, that the savings would be smaller if the system were analyzed under accounting rules other than the ones that the federal government is required to use. The aim is to mislead taxpayers and members of Congress into believing that the C.B.O. estimate is dishonest.
Um, excuse me New York Times, but the CBO has never said the bill — not just going from subsidized to direct lending, but the whole bill — would save $87 billion over ten years. Moreover, it has been a series of analyses from the CBO — albeit driven by requests from members of Congress – that have continually increased the cost estimates for SAFRA. (I have linked to all the CBO analyses here.) CBO’s very first estimate of the bill’s likely net cost put it at around $6 billion over ten years, and it only went up from there after incorporating such things as lending risk and potentially higher Pell grant costs.
Of course, the Times isn’t alone in its refusal to talk honestly about SAFRA. Despite all of the CBO estimates, yesterday U.S. Secretary of Education Arne Duncan said SAFRA would give college students and numerous other interests the world without costing taxpayers a dime. “We’re not asking the taxpayers for one single dollar,” he said. And SAFRA’s sponsor, Rep. George Miller (D-CA), has been touting his bill as a revolutionary money saver since day one.
The truth on this thing is out there, but it’s definitely not in the New York Times.
We’re Paying Attention!
In a new column waxing poetic about Secretary of Education Arne Duncan and the Obama administration’s efforts to transform American education, Newsweek columnist Eleanor Clift suggests that the “right” is not paying attention to the looming “federal takeover of education.” If they were, they’d be screaming their heads off.
Au contraire! We at Cato are paying close attention and screaming (well, raising our voices) about it. In a recent New York Daily News op-ed, Andrew Coulson inveighs against national academic standards. In Cato’s latest Daily Podcast, I give the down and dirty on the so-called “Race to the Top” fund controlled by Duncan. And there are many other people on what Clift probably considers the right – libertarians and conservatives lumped together – who are most certainly paying attention. Unfortunately, many on the conservative side actually favor a federal takeover – whether they’ll admit it or not - which might be why Clift doesn’t hear the clamor from the right she’d expect. If anything, she might actually hear some modest – and mistaken – applause.
Duncan’s Donut: The Ed. Sec.’s Impact on Chicago Student Achievement Was Near Zero
For seven months, Secretary of Education Arne Duncan and the media have bombarded us with tales of how Duncan dramatically boosted student achievement as leader of Chicago Public Schools. Based on two new independent analyses, Duncan’s real impact appears to have been near zero.
The usual evidence presented for Duncan’s success is the rise in the pass rate of elementary and middle school students on Illinois’ own ISAT test. But state tests like the ISAT are notoriously unreliable (they tend to be corrupted by teaching to the test and subject to periodic ”realignments” in which the passing grade is lowered or the test content is eased). In January, the Schools Matter blog argued that exactly such a realignment had occurred in 2006.
So to get a reliable measure of Duncan’s impact, I pulled up the 4th and 8th grade math and reading scores for Chicago on the National Assessment of Educational Progress — a test that is much less susceptible to massaging by states and districts. I then compared the score changes in Chicago to those for all students in Large Central Cities around the nation, and tested if the small differences between them were statistically significant. Not one of them is even remotely significant at even the loosest accepted measure of significance (the p < 0.1 level). Chicago students did no better than those in similar districts around the nation between 2002/2003 and 2007, a period covering virtually all of Duncan’s tenure in Chicago.
As I was finishing up this statistical analysis a few minutes ago, I came across a new report by the Civic Committee of The Commercial Club of Chicago. According to the Civic Committee report, the elementary and middle-school ISAT gains touted by Duncan and the media appear to be almost entirely illusory: artifacts of the 2006 realignment. Chicago high school students, who take a different test that was not realigned, perform no better today than they did in 2001 — so whatever real gains did occur in the early grades evaporated by the end of high school.
Writing in the Chicago Tribune a few days ago, columnist Greg Burns touted Duncan’s supposed success as CEO of Chicago Public Schools, and noted that Duncan had good prospects for winning the support of business leaders nationally, as he did in Chicago. But Chicago’s Commercial Club has now concluded that Duncan failed to accomplish what he has claimed, and given that the NAEP scores echo their findings, the education secretary may soon find national business leaders more skeptical as well.
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