Wednesday, June 13, 2007

CEP Report Causes a Stir

On Tuesday, June 5, the non partisan Center on Education Policy (CEP) released its first of three major reports on the effectiveness of No Child Left Behind (NCLB), Has Student Achievement Increased Since No Child Left Behind? This report asked two critical questions across all 50 states. First, has student achievement in reading and math increased since NCLB was enacted? Second, have achievement gaps between different subgroups of students narrowed since NCLB?

CEP arrived at five main conclusions using the limited data they compiled, three of which are answers and two of which are important qualifiers. In the answer category:
1. In most states with three or more years of comparable test data, student achievement in reading and math has gone up since 2002.
2. There is more evidence of achievement gaps between groups of students narrowing since 2002 than of gaps widening, but the magnitude of the gaps is often substantial.
3. In 9 of the 13 states with sufficient data to determine pre- and post-NCLB trends, average yearly gains in test scores were greater after NCLB took effect than before.
Yet, the report found considerable trouble in data reliability, use and access:
4. It is very difficult, if not impossible, to determine the extent to which these trends in test results have occurred because of NCLB. Since 2002, states, school districts, and schools have simultaneously implemented many different but interconnected policies to raise achievement.
5. Although NCLB emphasizes public reporting of state test data, the data necessary to reach definitive conclusions about achievement were sometimes hard to find or unavailable, or had holes or discrepancies. More attention should be given to issues of the quality and transparency of state test data.
Despite CEP's qualifications, the results of its report quickly entered the political spin zone. U.S. Education Secretary Margaret Spellings, for example, said that: “This study confirms that No Child Left Behind has struck a chord of success with our nation's schools and students. We know the law is working, so now is the time to reauthorize.” Others, such as Mike Pertrilli of the Thomas B. Fordham Foundation, used the study to challenge the validity and consistency of state exams. “Even if students are making progress on state tests, if tests are incredibly easy, that doesn’t mean much. We don’t need a national curriculum, but we certainly should have national standards for reading and math.”
The report triggered many news articles on the application of the report to particular states, but the most useful perspective on the matter may have come from Andrew Rotherham of the Education Sector and Ric Hess of the American Enterprise Institute (and a member of a panel that advised the report’s authors). They made the point that the law is a framework and not a program. As such, the week's “does-it-work-or-not-work” analysis is likely an inappropriate method of analysis.
Resources:
Amit Paley, “Scores Up Since 'No Child' Was Signed,” Washington Post, June 6, 2007.
Tamar Lewin, “State School Standards Vary Widely in Study,” New York Times, June 7, 2007.
Answering the Question That Matters Most: Has Student Achievement Increased Since No Child Left Behind? (Center on Education Policy: June 2007), http://www.cep-dc.org/.
Andrew Rotherham, “NCLB: The Needle Moves, Damage Done?,” EduWonk.com, June 5, 2007. Alexander Russo, “Lots Of New Details, Not So Many New Ideas,” This Week in Education, June 6, 2007.
Author: DAD

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NGA Releases NCLB Recommendations

Yesterday, the National Governor’s Association (NGA) sent a letter to the chairmen and ranking members on the House and Senate education committees with policy recommendations for No Child Left Behind Reauthorizations.

The NGA is planning to set up a policy meeting with all four legislators, to further discuss the proposals. You can view the letter and its attachments at: http://www.nga.org/portal/site/nga/menuitem.cb6e7818b34088d18a278110501010a0/?vgnextoid=f5289bc41c703110VgnVCM1000001a01010aRCRD

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Nutrition Garners Attention

Although no specific mark up is scheduled, the nutrition title of the Farm Bill reauthorization received attention this week from Sens. Tom Harkin (D-IA) and Richard Lugar (R-IN). Sen. Harkin, chairman of the Senate Committee on Agriculture, Nutrition, and Forestry, advocated funding increases at a party policy lunch, while Sen. Lugar introduced a new bill for the Farm Bill reauthorization. Although many proposals have been mentioned over the last few months, and the Farm Bill has been the most consistent of the many different reauthorizations this year with four subcommittee mark ups already finished, there still has not been any mark up for the nutrition title. At this time no such hearing is scheduled.

On Tuesday, June 5, the Democratic Party held a policy luncheon, which coincided with National Hunger Awareness Day, where Sen. Harkin served bologna sandwiches, macaroni and cheese, and fruit punch in an attempt to demonstrate an average meal that food stamp recipients can buy with a dollar. The less than stellar menu was an attempt to convince his colleagues that nutrition programs in the 2007 farm bill need to be expanded by at least $3.6 billion.
Earlier this session, Harkin introduced S. 771, the Child Nutrition Promotion and School Lunch Protection Act, which updates the definition of nutritional foods, and applies restrictions on unhealthy foods sold all over public school campuses. When Harkin’s committee finally gets around to marking up the nutrition title of the Farm Bill, expect him to be a vocal supporter for expanding various nutrition programs. Although Harkin’s message may not have caught on with the whole party, his advocacy seems to have made an impact on Senate majority leader Harry Reid (D-NV), who has stated his support for Harkin’s provisions.
On the other side of the isle, Sen. Lugar, also coinciding with National Hunger Awareness Day, took time to discuss S. 1422, the Food and Agriculture Risk Management for the 21st Century Act (FARM 21). Lugar’s bill would direct savings into nutrition programs as well as deficit reduction, conservation efforts and renewable energy development. As with Harkin, Lugar is expected to be a key supporter for expansion of nutrition programs under the Farm Bill. Specifically, the nutrition title of Lugar’s bill calls for approximately $6 billion in funding for programs that would:
• Expand the Simplified Summer Food Program nationwide, which helps fill the gap in low-income neighborhoods by providing needy children with nutrition during the summer months when school lunches are not provided;
• Expand the Fresh Fruits and Vegetables grant program nationwide, which provides healthy snacks to students at school, with the goal of 100 participating schools per state;
• Increase the standard deduction for Food Stamp recipients from $134 to $143 and index it for inflation in order to help Food Stamp recipients in their purchasing power;
• Increase the asset limit for Food Stamp beneficiaries by adjusting for inflation the allowable liquid assets one can have to still be eligible for Food Stamps. The proposal would also exempt savings accounts for education and retirement from eligibility determination, a proposal supported by the Bush Administration;
• Exempt combat zone pay from being included as countable income during deployment for military families seeking Food Stamp assistance;
• Eliminate the deduction cap on child care expenses to allow families to deduct the full cost of child care in determining eligibility in the Food Stamp program;
• Fund technology needed to allow farmers' markets to accept Food Stamps;
• Increase funding for the McGovern-Dole program, which provides food assistance in secular schools in developing nations. The program has shown success in improving attendance of children, especially girls;
• Increase mandatory funding for The Emergency Food Assistance Program (TEFAP) from $140 million per year to $245 million per year by 2011 and adjust it annually for inflation in subsequent years; and
• Assist food banks, and other non-profit organizations, in increasing hunger alleviations services to underserved and rural communities by providing a $5 million per year grant program to improve infrastructure needs.
Resources:
Sen. Lugar Press Release: http://lugar.senate.gov/press/record.cfm?id=275446&&year=2007&
Catharine Richert, “Harkin: Let ‘Em Eat Bologna — Unless They’re On a Diet,” CQ Today, June 5, 2007.
Author: SAS

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Higher Education Push Picks Up Steam

This week was another big week for higher education and the student lending industry. Members of Congress introduced new bills, the U.S. Department of Education (ED) proposed new rules for lenders, and New York Attorney General Andrew Cuomo found himself, once again, testifying before Congress. As the accountability debates continue, the Higher Education Act (HEA) is moving toward final reauthorization after four years of extensions. As this legislative session has shown, the lending industry, and the overall cost of a college education will be the dominant issue in reauthorizing the HEA.

On Wednesday, Mr. Cuomo testified before the Senate Banking Committee on the status of his investigation into private student loans, which do not carry federal guarantees. Mr. Cuomo said he would examine whether lenders were discriminating against students based on the institutions they are attending or other factors not directly related to their credit history. This is the latest in a series of investigations Cuomo has spearheaded into lending practices. Congressional Democratic leaders are using Mr. Cuomo’s investigations to highlight mismanagement and a lack of oversight by ED. Since the beginning of the 110th Congress, many different lawmakers have introduced bills that hope to reform the lending industry, in an attempt to make a college education more affordable.
Mr. Cuomo, called the $17.3 billion market for private student loans the “Wild West” of consumer loans because it is largely unregulated and does not provide levels of disclosure comparable to the mortgage industry. This prompted committee chairman and presidential candidate Sen. Christopher Dodd (D-CT) to consider drafting tighter regulations for the private student loan market and including the provisions in a reauthorization of the Higher Education Act. Sen. Dodd wants to require lenders to clearly disclose the rates and terms of private student loans. He also wants to clarify that “kickbacks” or revenue-sharing arrangements between lenders and schools or other parties are illegal. Dodd said he is prepared to write those changes into law, but he also will push federal agencies to demand that lenders abide by those standards.
Meanwhile, ED is taking its own strides to help regulate the lending industry. Last Friday, ED proposed regulations that would prohibit lenders from giving gifts to universities in exchange for the universities directing more students to those specific lenders. The proposal also requires schools that create lists of preferred lenders to put at least three companies on the lists and provide detailed explanations of how the lists are created. The proposed rules also disclosed that recent agency investigations have found cases in which schools recommended a lender in exchange for prohibited inducements. Also last week, Lawrence Warder, ED’s chief financial officer, became the acting head of its student loan office, after Theresa S. Shaw resigned last month amid controversy. On Tuesday, U.S. Secretary of Education Margaret Spellings opened the first of five regional higher education summits by calling on Congress to enact a comprehensive HEA reauthorization bill to improve college access, affordability and accountability for all Americans.
The House passed an extension of the HEA, to last through October 31, 2007, giving Congress more time to pass a long term reauthorization, which was originally scheduled to pass in 2003. The Senate still needs to pass a similar bill. The Senate Health, Education, Labor and Pensions Committee is slated to begin marking up their HEA reauthorization bill on Wednesday, June 13.
Resources:
ED Press Release: http://www.ed.gov/news/pressreleases/2007/06/06052007c.html
Doug Lederman, “U.S. Offer Loan Reform of its Own,” Inside Higher Ed, June 4, 2007.
Amit R. Paley, “U.S. Student Loan Office Gets New Rules and a New Chief,” Washington Post, June 2, 2007.
Diana Jean Schemo, “Cuomo Broadens Student Loan Inquiry,” New York Times, June 6, 2007.
Libby George, “Dodd Wants to Boost Student Lending Industry Disclosure, Ban Kickbacks,” CQ Today, June 6, 2007.
Author: SAS

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House Committee Works on Coordination on STEM Education

House Democrats continue to advance their “Innovation Agenda." On Wednesday, the House Science and Technology Subcommittee on Research and Science Education held a hearing on how to better coordinate federal science, technology, engineering and math (STEM) programs among agencies.

Witnesses at the hearing included:
• Dr. Cora Marrett, Assistant Director, Directorate for Education and Human Resources, National Science Foundation;
• Dr. Joyce Winterton, Assistant Administrator, Office of Education, National Aeronautics and Space Administration;
• Dr. Bruce Fuchs, Director, Office of Science Education, National Institutes of Health; and
• Mr. William Valdez, Director, Office of Workforce Development for Teachers and Scientists, Office of Science (SC-27), U.S. Department of Energy.
The subcommittee examined whether educators are utilizing information provided by federal agencies, if the federal government is creating effective and manageable programs for educators, whether there is a lack of a coordinated effort between agencies and whether federal programs are improving STEM education in America. The purpose was to assure that the recently passed STEM legislation could provide usable, effective tools for schools, educators and students.
Last month, the House passed the omnibus STEM bill, H.R. 2272, the 21st Century Competitiveness Act. The package includes H.R. 362, H.R. 363, H.R. 1068, H.R. 1867 and H.R. 1868. Each of these bills previously passed the House by wide bipartisan margins. The reason an omnibus was rushed through the House is to present one bundled bill to conference with the Senate’s more comprehensive bill, S. 761, the America COMPETES Act.
The House package authorizes a total of $23.6 billion over fiscal years 2008 – 2010, including $21 billion for research and education programs at the National Science Foundation (NSF), $2.5 billion for the research labs, the Manufacturing Extension Partnership and other activities at the National Institutes of Standards and Technology (NIST), and $96 million for early career awards and teacher professional development programs at the Department of Energy (DOE). An additional $70 million is authorized for these programs at DOE for fiscal years 2011-2012.
Resources:
House Committee on Science and Technology Press Releases:
“House Advances Major U.S. Competitiveness, Science/Math Education Package,” House Science and Technology Committee, Press Release, May 21 2007.
“Subcommittee Investigates How to Better Coordinate Federal Math and Science Programs,” House Science and Technology Committee, Press Release, June 6, 2007.
Author: SAS

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Two FERPA Amendments Proposed

Two bills were recently introduced in the U.S. House of Representatives to amend the Family Educational Rights and Privacy Act (FERPA) of 1974. With some exceptions, FERPA prohibits educational agencies or institutions that receive federal funds from having a policy or practice of releasing the education records of a student without the written consent of the student or parents. FERPA also requires that educational agencies and institutions that receive federal funds provide parents with access to the educational records of their children.

H.R. 128, the David Shick Honesty in Campus Justice Act, would amend FERPA in order to improve the access of victims of crimes to information concerning the outcome of disciplinary proceedings by institutions of higher education. The proposed change would make access to this information for victims of crimes mandatory. Presently, it is at the discretion of institutions of higher education whether to disclose the outcome of disciplinary proceedings to victims, but not required.
H.R. 2220, the Mental Health Security for America's Families in Education Act of 2007, would amend FERPA in order to allow educational institutions to disclose certain information to parents of students who may pose a significant risk to their own safety or well-being, or to the safety or well-being of others. The bill contemplates allowing parents access to their children’s mental health records in these types of cases.
Source: Jody Feder, The Family Educational Rights and Privacy Act (CRS Report for Congress: May 15, 2007).
Author: CWP

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Congress Focuses on Flexibility Under NCLB

Last Thursday, the Committee on Education and Labor’s subcommittee on early childhood and elementary and secondary education held a hearing on the flexibility required by No Child Left Behind (NCLB). “Many state and local educators have told us that while they strongly support the law’s goals and the discussion about accountability that it has fostered, better flexibility would help them to reach those goals,” said subcommittee chairman Dale Kildee (D-MI).

The Witnesses included:
• Jack Jennings, President of the Center on Education Policy;
• Rick Melme, Secretary, South Dakota Department of Education;
• The Honorable Kathleen Straus, President, Michigan State Board of Education;
• Carol Johnson, Superintendent, Memphis City Schools; and
• Chester E. Finn, Jr., President, Thomas B. Fordham Foundation.
The common theme among the panelists was to move the reauthorization toward a new federal and state relationship where the U.S. Department of Education (ED) continues its focus on academic accountability while implementing the law with more deference to state innovation. Secretary Rick Melme posited that “Congress must continue to hold states accountable for improving student achievement and closing the achievement gap, while also providing [states] with the flexibility needed to implement innovative models for accomplishing these vital national goals.” Checker Finn echoed this sentiment with a mantra that has been a cornerstone of the Fordham Foundation for years: to be tight about the ends and loose about the means, strict about academic outcomes, but flexible about the means of delivery.
Ranking Member Howard “Buck” McKeon (R-CA) used the hearing to introduce H.R. 2577, the State and Local Flexibility Improvement Act, a bill that would provide considerable funding flexibility. The bill would allow states and districts to transfer all of their funding from other federal grants, such as Safe and Drug Free Schools, 21st Century Community Learning Centers, education technology and teacher quality, into Title I. Any money that is transferred would still be subject to Title I requirements. The purpose behind the bill, according to sponsors, is to help ensure that money is not diverted from poor students, a criticism of other Republican proposals. H.R. 2577 would also:
• Allow states to waive some statutory or regulatory requirements, consolidate federal education programs, and use an alternative method for making allocations to local school districts (instead of the current formula), but only if the new proposal targets more money to the highest-poverty schools and districts;
• Lower the poverty threshold for schools to create schoolwide Title I programs; and
• Allow states to develop and use growth models to calculate adequate yearly progress (AYP).
The bill exemplifies the shift in Republican policy back to more traditional conservative ideals. Republicans have been shifting their priorities to allow greater flexibility, less federal control, and an emphasis on supplemental education services and school choice. Although the bill will gain a majority of Republican support, it is unlikely to gain much support from Democrats. Democratic leaders, such as Rep. George Miller (D-CA) and Sen. Edward Kennedy (D-MA), who were architects of the original legislation, will not support any bill that they believe will take the teeth out of NCLB. As such, this bill will likely only serve as a marker for the Republican’s reauthorization identity. Greater flexibility will be the battle cry for Republicans as reauthorization language is drafted.
Resources:
Sarah Sparks, “McKeon Proposes Transferability Plan,” Education Daily, June 7, 2007.
Author: DAD, SAS

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Subcommittee Passes FY08 Education Spending Bill

Last Thursday, the House Appropriations Labor-HHS-Education Subcommittee marked up their fiscal year 2008 (FY08) spending bill, which passed by a voice vote. The bill provides $152 billion for Labor-HHS-Education, exceeding the President’s proposal by $20 billion. Specifically, the subcommittee appropriated $61.7 billion for education, $5.9 billion more than the White House requested. Within that number, the subcommittee bill would provide $975 million more to NCLB programs than Bush requested.

Last Thursday, the House Appropriations Labor-HHS-Education Subcommittee marked up their fiscal year 2008 (FY08) spending bill, which passed by a voice vote. The bill provides $152 billion for Labor-HHS-Education, exceeding the President’s proposal by $20 billion. Specifically, the subcommittee appropriated $61.7 billion for education, $5.9 billion more than the White House requested. Within that number, the subcommittee bill would provide $975 million more to NCLB programs than Bush requested.
The bill provides increases for a majority of programs under the education title. The largest single increase in the bill is a $2 billion, or 14.6% boost over fiscal 2007 for Pell grants, which are awarded to low-income college students. The maximum grant would rise by $390, to $4,700. Another large increase would go to Title I formula grants which would increase by nearly $2 billion above its current level of $12.8 billion. Lawmakers said the additional funds would help the 55,000 Title I schools serve an additional 161,000 students.
Money for the newly-funded Title I School Improvement grants would increase from its current $125 million allocation to $500 million — a figure that would satisfy President Bush’s funding request. Special education grants would not benefit as much. The subcommittee mark would provide $465 million more to Individuals with Disabilities Education Act Part B grants than Bush requested, but that is only $174 million above the FY 2007 level. Some members said they would try to increase the IDEA grants as the bill makes its way through the legislative process.
One major cut in the bill is to the troubled Reading First program. Appropriations Chairman David Obey (D-WI) proposed funding the program at $400 million, which cuts more than $600 million from the previous fiscal year. Chairman Obey has promised not to replace the spending cuts until the U.S. Department of Education (ED) answers for mismanagement of the program. The subcommittee also proposed a $46.5 million cut to Safe and Drug Free Schools State Grants.
In an example of legislating with the purse, Obey and the subcommittee tucked a provision that would prohibit ED from using any of its funds to “promulgate, implement or enforce” new federal regulations related to accreditation into the spending bill. The provision, which is called a “limitation” under House rules, is a time-honored tactic used by members of Congressional appropriations committees to stop federal agencies from taking regulatory or other actions that the lawmakers oppose. Officials at accreditation agencies have complained that ED is trying to accomplish their objections through regulations, instead of letting Congress act through legislation.
A chart of the proposed spending levels is attached to this Update.
Resources:
Drew Armstrong, “Pell Grants Boosted, Reading Program Cut as Panel Approves Largest Domestic Bill,” CQ Today, June 7, 2007.
Stephen Langel, “Labor-HHS Approps Bill Passes Subcommittee by Voice Vote,” Congress Now, June 7, 2007.
Doug Lederman, “Congressional Timeout for Spellings,” Inside Higher Ed, June 8, 2007.
Frank Wolfe, “House Panel Clears $61.7 Billion for Education,” Education Daily, June 8, 2007.
Author: SAS

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