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No Child Left Behind?
A Faculty Response to President Bush's Education Bill

Harvard Graduate School of Education
September 1, 2002
 

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Commentaries in this Series
 Nothing New in Assessment Policy (Dan Koretz)

 A Serious Civil Rights Issue (Gary Orfield)

 Good Intentions, Many Pitfalls (Paul Reville)

 Funding to Repair Rather than Re-Create (Milli Pierce)

About the No Child Left Behind Act

On January 8, 2002, President Bush signed into law the No Child Left Behind Act, opening a new chapter of education history in the United States. Developed by a bipartisan team of legislators, the act mandates that states establish tough new academic standards, improve teacher quality, and create safe schools, among other measures. It also allocates a surprising $26.5 billion to public K-12 education—a 20 percent increase over last year.

Despite decades of attempts to foster educational equity, big barriers remain: the achievement gap between students of color and white students has widened since 1988; although violence has been on the decline, 37 percent of American students still report the presence of gangs in their schools; and debates still rage over school vouchers and charter schools, both of which divert funding from public school systems.

Can President Bush's bill address these and the many other complex dilemmas inside America's public schools? Will the plan benefit the students it seeks to serve? Will the act help or hinder student learning? These are the questions we posed, with one expert opinion from our faculty on an aspect of the bill featured here.

Professor Gary Orfield is a faculty member in the Administration, Planning, and Social Policy area at the Harvard Graduate School of Education. He is also the co-director of the Civil Rights Project at Harvard. Here, in an excerpt from a presentation at HGSE, he explores both the good news and the bad news—in terms of civil rights—in the No Child Left Behind Act.

Professor Gary Orfield
Professor Gary Orfield (photo: Susie Fitzhugh © 2002) 

We in the Civil Rights Project decided that this bill [Bush's No Child Left Behind Act] was the most important thing to affect the education of minority young people over the next five years. So we went around the country to identify the best researchers who could say something about how you could spend this money usefully for poor kids. We commissioned and delivered 14 studies to Congress. We worked with Congressional staffers fairly intensively, had hundreds of discussions.

Just the Fads
We titled our report "Hard Work for Good Schools: Facts not Fads in Title I Reform," but unfortunately what has been enacted is mostly the fads. Almost none of the researchers who had serious knowledge about the effects of legislation on poor children were invited to testify about this legislation before either the House or Senate. Some of the only good ideas that we were able to identify in the bill—such as targeted tutoring programs or lowering class size—come primarily from good educational research. (Unfortunately, there is very little money for research in this bill: less than 1% of the money is going to go to research on programs.)

What emerged was a bill that reflected none of what's known in educational research, primarily because of the extremely partisan processing: an almost complete rejection of everything, except some research on phonics. What emerged was an 1100-page document calling for impossible achievements that have never been accomplished anywhere; use of 50 different sets of standards; and very rigid sanctions. Some of these sanctions are going to take hold this fall for thousands of schools and the states are utterly unprepared to implement them. (There is nothing in the law that will equalize the schools before they are sanctioned.)

The Good News, the Bad News
The reason that Senator Kennedy signed the bill was that there are things that both parties like: there is a lot more money for poor schools, and it's more concentrated than it was before, and that's a good thing. And there is a reading program, which unfortunately is getting tied to a really naive view of reading, but it is putting money into reading.

A lot of bad things that people felt were going to happen didn't. There were supposed to be vouchers in this bill; there is a kind of half-voucher, but regular vouchers aren't in it. There was a fear of ending bilingual education; instead, they got a limit on it. There was a fear that there would be a block grant that would just let the states and localities spend the money for anything, and not concentrate it on poor schools or children at all, which was a very serious possibility, and that did not go anywhere.

Implications for Civil Rights
The states do have some options to do some useful things with this legislation. Partly in response to a national conference that we cosponsored with Achieve, Inc. last year, dropout accountability has been put into this legislation for the first time.

This is significant because some of the testing processes in the U.S. have actually been raising the dropout rates, especially for disadvantaged children. To this point, schools have been able to get credit for raising their test scores by getting rid of the low-achieving students. If, instead, they are responsible for how many students actually graduate, that applies some counter-pressure.

The bill, however, makes a particularly troubling pledge on this subject, when it states that "90% of the children of all racial groups are going to be over the higher achievement level within 12 years."

This law applies serious sanctions to schools after two years, and almost no one who does whole-school reform research thinks you can do that in two years. Take the dropout rate issue: the gap for Latino students is huge, and has never been significantly moderated. We have data from Texas, for example, to show that the gap grew as a result of the implementation of high-stakes testing in Texas in 1980.

We first began enacting the kinds of policies embodied in this bill in the South in the 1970s. Following the 1983 report "A Nation at Risk," almost all states began to enact policies that somewhat foreshadow what we have now enacted in the federal law. They're not related to good trends for minority students. What's more is that we now have a public school system in the United States that is 40% non-white, and that figure is growing each year.

This is a serious civil rights issue, and we hope that as this law unfolds, and as the crisis hits, there will be very serious monitoring by the educational research profession. One of the things that we need to do is to combat the stereotype that we are responsible for these problems. We need to combat the idea that there are simple sound bites that will elevate 90% of the children of all racial groups to higher achievement levels within the next 12 years.

For More Information
More information about Gary Orfield is available in the Faculty Profiles.

What do YOU think?



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