Archive for April, 2009

Oral Argument Recap – Forrest Grove v. T.A.

April 28th, 2009

by Brian Jason Ford, Esq.

I am digesting the argument transcript from today’s oral argument before the Supreme Court in Forrest Grove v. T.A., a special education case about private school tuition reimbursement. I will provide a thorough overview of the Court’s decision when it is released, but the argument itself is noteworthy (and not because it is good for a laugh). I encourage anybody who has even the slightest interest in special education law to read the argument, which you can download here. In this post, I will examine the argument and give background that may help you better understand the decision when it comes out.

I am going to assume that readers of this blog have a general understanding of how special education law works and that you know acronyms like IDEA, IEP and FAPE. If I’m wrong, that’s what comments are for. Also, I am simplifying the facts of the case to focus on substantive issues, not procedural details.

In this case, Forrest Grove evaluated one of its students, T.A., and found him ineligible for special education. When this happened, T.A.’s parents decided unilaterally (i.e. without consulting Forrest Grove) to place him in a private school – to the tune of $5,200 per month. The parents also initiated a special education due process hearing. The hearing officer considered Forrest Grove’s evaluation and other evaluations obtained by the parents, and determined that Forrest Grove got it wrong. T.A. had been eligible for special education all along. Forrest Grove appealed that decision, but developed and offered an IEP while the appeal was pending. In other words, Forrest Grove honored the hearing officer’s order even while fighting in court to have it overturned. The parents rejected the Forrest Grove’s IEP and, instead, pursued claims for tuition reimbursement

On the topic of tuition reimbursement, the IDEA says, in part, “If the parents of a child with a disability, who previously received special education and related services… enroll the child in a private elementary school or secondary school without the consent of… the public agency, a court or a hearing officer may require the agency to reimburse the parents for the cost of that enrollment if… the agency had not [offered FAPE to the student]… in a timely manner prior to that enrollment.” To get the full text, click here and scroll down to (10)(C).

Forrest Grove keyed in on the language, “who previously received special education and related services.” They argued that language means students are entitled to private school tuition reimbursement if their school district fails to offer FAPE and they had previously received special education. In this case, T.A. had not previously received special education because, at first, Forrest Grove said he did not qualify and later, because his parents rejected services. Thus, Forrest Grove argued that T.A. was not entitled to tuition reimbursement as a matter of law.

T.A. (in conjunction with the Obama administration) argued that the Court must not allow school districts to circumvent their obligations to students with disabilities simply by refusing to find such students eligible for special education. In essence, T.A. focused on the consequences of the rule proposed by Forrest Grove: that school districts could avoid all potential liability for tuition reimbursement by simply refusing to find students eligible for special education. This, according to T.A., would set up a perverse incentive for school districts to deny services. Moreover, according to T.A., when the IDEA is read as a whole, Congress wanted school districts to pay tuition reimbursement if they deny FAPE and parents have to find services on their own. In T.A.’s point of view, Forrest Grove is arguing for a loophole that would thwart the intent of Congress.

One topic that kept creeping into the arguments is truly fascinating: If students must receive special education from their school districts before they are entitled to reimbursement, how much time must they spend in public school before switching to private education? Can a student spend one day in public school and then seek reimbursement? Forrest Grove told the Court that ten days in public school would suffice, and that timeline is supported by the IDEA. T.A. argued that the IDEA does not say how much time students must spend in public school because spending time in public school is not a prerequisite to a tuition reimbursement claim. I hope the Court will discuss this distinction in detail, as it may have an unexpected impact on school personnel decisions (e.g. how can schools make staffing decisions when some students will be in school for only 10 days as a means of securing a tuition reimbursement claim).

Forrest Grove is asking the Court to literally apply what the law actually says. T.A. is asking the Court to give deference to what, in their point of view, the law was intended to do. Of course, the arguments on both sides are much more complex than what I’ve laid out here. If you are interested in special education law, you should read the transcript.

Disclaimer

Learning: Three Basics to Improve Teaching

April 28th, 2009

“Well, I don’t really know much about how a car runs,” the mechanic explains, “but I do have a garage full of tools that I know how to use. One of them will probably do the trick.”

Would you trust your car to this repairperson? What if you were given a similar explanation by a plumber? a pharmacist? a surgeon?

We expect experts to have more than a collection of tools; we expect them to have an understanding of what they need to accomplish so they can tailor their actions accordingly. An air pump, while a useful tool for certain tasks, will do little good if used to address an oil leak.

Similarly, teachers need more than a collection of teaching methods. They need to understand learning. Knowing how people learn increases a teacher’s intentionality, the capacity to design instruction that fits both the material and the learners.

What, then, are some basics of learning that every school leader and teacher should know? Here are three starter principles:

Memorization ≠ Learning: It amazes me how many times teachers argue that memorization equals learning and offer the times table as proof. Let’s imagine that a child memorizes the times table but never understands the concept of multiplication (same-sized groups being combined and the total items tabulated) nor the pattern that calls for multiplication as a solution (same-sized groups needing to be combined to determine a total). Of what value, beyond the teacher’s timed tests, will having memorized the times table be? The student will not understand what he is doing when answering multiplication questions from memory, nor will he be able to ever use multiplication to solve word or real-world problems. Yes, some elements need to be memorized, but equating memorization with authentic learning is a mistake, because…

The brain constructs learning. “We often talk of knowledge as though it could be divorced from thinking, as though it could be gathered up by one person and given to another in the form of a collection of sentences to remember,” explains Richard Paul. “When we talk in this way we forget that knowledge, by its very nature, depends on thought. Knowledge is produced by thought, analyzed by thought, comprehended by thought, organized, evaluated, maintained, and transformed by thought. Knowledge exists, properly speaking, only in minds that have comprehended it and constructed it through thought.” To learn, the brain labels and sorts incoming data, seeks patterns within it, and recalls prior experiences related to it. The new data and the prior experiences are then blended to construct understanding. Unless we engage students in thinking about new material, they will not learn. And they will lack the ability to use new knowledge because…

Authentic learning empowers transfer. Students transfer learning when they use it outside of the classroom. Unfortunately, transfer rarely occurs. According to Eric Jensen, the “abysmal failure of students to transfer learning from school subjects to real life…cuts across age, IQ, and social status.” What contributes to a student’s ability to use knowledge in widened or varied contexts? “The first factor that influences successful transfer is degree of mastery of the original subject,” conclude Bransford, Brown, and Cocking. “Without an adequate level of initial learning, transfer cannot be expected. This point seems obvious, but it is often overlooked…Transfer is affected by the degree to which people learn with understanding rather than merely memorize sets of facts or follow a fixed set of procedures.”

Understanding learning involves more than comprehending these three principles, and neurocognitive researchers are uncovering new insights almost every day. However, even basic knowledge of learning influences instructional decisions. Teachers who grow in their understanding of learning develop more than a cache of instructional methods. They increase in intentionality. They are able to design instruction that fosters authentic learning. They know why they do what they do, and they know why what they do achieves the goal: student learning.

Bransford, J. D., Brown, A. L., & Cocking, R. R. (Eds.), How People Learn: Brain, Mind, Experience, and School (Washington, D. C.: National Academy Press, 1999), 41, 43.
Jensen, E., Enriching the Brain: How to Maximize Every Learner’s Potential (San Francisco: Jossey-Bass, 2006), 20.
Paul, R., “The State of Critical Thinking Today: The Need for a Substantive Concept of Critical Thinking,” retrieved December 2006 from http://www.criticalthinking.org/resources/articles/the-state-ct-today.shtml.

This is a test of our new commenting system.

April 25th, 2009

This is just a test.

When is inequality constructive?

April 24th, 2009

By Candace Williams, An Aspiring Educator’s Blog

In the Boston Review article Inequality matters: Why globalization doesn’t lift all boats (via thickculture), Nancy Birdsall clarifies the distinction between constructive inequality and deconstructive inequality:

Distinguishing between constructive and destructive inequality is useful. To clarify the distinction: inequality is constructive when it creates positive incentives at the micro level. Such inequality reflects differences in individuals’ responses to equal opportunities and is consistent with efficient allocation of resources in an economy. In contrast, destructive inequality reflects privileges for the already rich and blocks potential for productive contributions of the less rich.

I’m used to thinking about issues of inequality and social justice on the macro-level. Inequality of social, economic, and political opportunity is one of the reasons why I teach and advocate for the rights of children. What about at the level of my classroom? When does inequality constructive or deconstructive in the context of pedagogies and learning environments? The most pervasive example of inequality teachers and administrators construct is grades. Although many schools try to make grades a reflection of how students are progressing on standards, the reality for many schools, is that grades both reflect and institutionalize tracks and hierarchies. Students with relatively higher grades have access to different pathways and resources than students who have relatively higher grades. There are different reasons why decision-makers at the classroom, school, and district level choose to have grades. In the classroom, I have noticed many teachers believe grades are an incentive structure: students and parents, on the whole, want higher grades rather than lower grades. Many are willing and able to change their behaviors to reflect this incentive.

Are grading I’ve seen examples of constructive or deconstructive inequality? On one hand, they are deconstructive because students are receiving marks on a scale without having access to the same academic and socioeconomic opportunities as their peers. Over time, students who fit into the culture of power and continue to have experiences that are valued by the school get higher grades, while students who do not have these opportunities get lower. The grades of students are compared and opportunities are doled out accordingly. This is deconstructive – the “potential for productive contributions” of struggling students is blocked. On the other hand, I have seen grading practices where the function and reason is feedback. When students are presented with qualitative and quantitative feedback about their performance, and have access to resources to improve, this feedback might alter micro-level incentives for them to engage in the process. This is more constructive than the case given above because the quality of resources and environments we offer children are not a function of their perceived level in academic hierarchies. Other examples of inequalities we construct are our classroom management schemes. They often feature preferred behaviors paired to positive and negative consequences that change a students’ academic and social reality.

Constructive and deconstructive inequalities exist in learning environments. Teachers have control over some of these inequalities, especially classroom management and community building structures. Administrators have more control over grading, curriculum, and tracking. Students also create their own inequalities via social hierarchies that are based on perceived intelligence, beauty, and other factors. Although teachers do not have complete control over the inequalities that manifest themselves in a classroom space, when it comes to the choices we make, we have to ask: “Am I generating inequality? If so, is this inequality constructive or deconstructive?”.

What are your thoughts? Does this distinction hold or does it rely too heavily on capitalist constructions?

Excessive Focus on Bubble Students? Change the Measure

April 24th, 2009

(by Jacques Arsenault)

Jay Matthews writes in this week’s Washington Post about the predisposition of schools to place a strong emphasis, in the NCLB era, on the performance of “on-the-bubble” students. He refers to a March 13 Ed Week commentary by Cesar Chavez Public Charter School teacher Sarah Fine (subscription required) in which she describes the focus placed on students at the cusp of proficiency, often to the detriment of other students who are considered either “safe bets” to cross the bar, or those who are seen as unlikely to reach the passing standards.

Matthews writes:

I have been hearing for some time about this practice of devoting special attention to what are called the “on-the-bubble” kids. They are close to scoring proficient on the annual test, which affects the school’s rating under the No Child Left Behind law. Some schools give them extra teacher time, leaving less help for lower-performing students, such as Shawn, who have no chance of increasing the passing rate. I sometimes shrugged this off as just one more sign of poorly led schools. A good principal, I said, would put an end to such nonsense.

But Fine’s story surprised me, because she is working at one of the city’s best-led public schools.

This pattern, while unfortunate and unfair to most students, is an inevitable result of an accountability system that puts its emphasis on one performance mark. In the case of No Child Left Behind, the system is set up on a “percent-proficient basis, where schools are graded on the percentage of students in several groups that achieve proficiency on particular standardized tests.

Accountability systems in education and other fields are predictable, in that people will respond to the incentives given and the standards proposed. At worst, the incentives can have lead to actions such as the widespread cheating on Chicago Public Schools testing uncovered by Steven Levitt in 2005. Even when the rules are followed, teachers and schools will change their behavior to focus on the specific measures on which they will be graded.

In a percent-proficient structure, e.g., if a score of 70 is considered proficient, then a teacher (A) who has students scoring:

95, 85, 82, 78, 75, 71, 53, 46, 34, 25 (60% proficient)

will be considered more successful than another teacher (B) whose students score

100, 95, 89, 78, 69, 68, 68, 67, 66, 65 (50% proficent)

Even though most of the students in Teacher B’s classroom are performing at a higher standard than their individual counterparts, Teacher A has more students passing the 70 mark, and is thus rewarded for the work she put in with her “on-the-bubble” students to get them over the hump.

This type of system can result in schools devoting full class periods to “bubble sheet skills” or teachers spending an inordinate amount of time with “bubble students” while ignoring the needs of students on the ends of the spectrum.

Several approaches have been proposed or instituted by schools or systems to address the shortcomings of the “percent-proficient” based testing system, and they generally fall into three categories:

1. Value-add: shifts the basis of measurement from “standard” to “progress.” As Mathews writes,

The best solution, just about everyone agrees, would be to accelerate the expected change of No Child Left Behind to a value-added assessment. Once states and the District improve their computer systems, they can rate each school by how much each child improves, rather than the current method of recognizing schools that reach a designated percentage of passing scores.

Value add measures introduce some questions themselves, including whether it is enough that students are making progress in a grade if they come in one or more grade levels below, (e.g., if a 6th grader begins the year reading at a 4th grade level and finishes it reading at a 5th grade level, how should we evaluate that progress?). Are we closing the achievement gap by doing this, or is it enough that we are not allowing the gap to increase further?
On a logistical basis, are there ways to either combine value-add and proficiency scores, or to report them separately but to treat each as valuable in its own right?

2. Multiple score standards: rather than simply having a cut-off at proficient, this idea would measure the percentage of students performing at proficient, as well as, for example, those 10+ percentile points above proficient, and 10 percentile points below. In this way, teachers and schools would be incentivized not just to focus on those students on the cusp, but also to bring the bottom-performing students closer to the proficient mark, and to move the accelerated students beyond just clearing the proficiency bar.

3. Alternative methods of assessing student performance and knowledge: While the first two options listed here focus on how test data is collected and analyzed, this third option seeks to change the structure of the assessments themselves. In many cases, this is a call for adding to, or replacing, the standardized test with more qualitative or “performance-based” measures. Mathews calls for some version of this in his column, saying:

There should also be a way to honor Fine’s request for an extra dimension, such as reporting a rise in students doing scientific experiments or writing analytical papers.

But there are already examples of measures such as these being used, in the International Baccalaureate curriculum (as Mathews notes), and in new, performance-based systems such as Rhode Island’s Portfolio graduation option, which several school districts are beginning to role out, through a program designed by Brown University and the Rhode Island Department of Education, with funding from the Gates Foundation.

Each of these alternatives to the “percent proficient” measurement system requires more effort or resources being put into the assessment process, but we must remember that teachers and schools will respond to the accountability measures that they are given. Just as we must continue to improve the quality of content on assessments given to students, there is an equal imperative to continue to improve the way we collect and assess the outcomes that we desire for our children.

The aims and requirements of providing high-quality education to all students are not as simple as a single arbitrary line-score on a single exam, and so our testing regimes probably should not be either.

(Cross-posted at Jacques of All Trades)

Strip Search Argument Highlights

April 24th, 2009

I’ve pulled out some gems from the oral argument in Stafford Unified School District v. Redding, the student strip search case now pending in the Supreme Court. Even non-attorneys may enjoy this. Read on for a discussion about what kids do with permanent markers, the “ick factor” of “crotching” drugs and, maybe, an over-share from Justice Breyer. Get the full transcript here (pdf).

JUSTICE SCALIA: Any contraband, like the black marker pencil that — that astounded me. That was contraband in that school, wasn’t it, a black marker pencil?
MR. WRIGHT: Well, for sniffing.
JUSTICE SCALIA: Oh, is that what they do?
MR. WRIGHT: It’s a permanent marker.
JUSTICE SCALIA: They sniff them?
MR. WRIGHT: Well, that’s the — I mean, I’m a school lawyer. That’s what kids do, Your Honor, unfortunately, Your Honor. But –
JUSTICE SCALIA: Really?

JUSTICE SCALIA: Could I come back to your distinguishing a strip search from a cavity search. What would you require before you would allow a cavity search?
MR. WRIGHT: Nothing at all. A bright line rule. I would not allow it.
JUSTICE SCALIA: No cavity search in school, no matter what?
MR. WRIGHT: We’re not even clinically trained to do that, Your Honor. I would submit that if a child has something stuffed up one of their cavities — and I assume we mean private parts, the very private parts — that the first thing to do would be to send them to the hospital. I mean, we just don’t have that clinical training.

JUSTICE SCALIA: Now, if — if you have a reasonable suspicion that the student has drugs and you search every other place, you search in the student’s pack, you search the student’s outer garments, and you have a reasonable suspicion that the student has drugs, don’t you have, after conducting all these other searches, a reasonable suspicion that she has drugs in her underpants?
MR. O’NEIL: No, Justice Scalia, we believe that you don’t –
JUSTICE SCALIA: All right.
MR. O’NEIL: — without — without –
JUSTICE SCALIA: Your logic fails me.
MR. O’NEIL: Well, Justice –
JUSTICE SCALIA: You — you reasonably suspect the student has drugs. You’ve searched everywhere else. By God, the drugs must be in her underpants.

MR. O’NEIL: No, because we believe that where you have reasonable suspicion that there is contraband in the underwear, then you could go directly to that location, and you wouldn’t have to work from the outside in. But, Justice Scalia, it takes –
CHIEF JUSTICE ROBERTS: Oh, surely not. You are saying if you have reasonable suspicion that it’s in the underwear, you shouldn’t even bother searching the pack or the pockets. You should go straight to the underwear. That can’t be right.

JUSTICE SOUTER: But you are — you are saying basically there is — there is no general understanding that people carry ibuprofen in — in their undergarments.
MR. O’NEIL: That is — that is true.

MR. WOLF: Well, I mean, to start, that’s not what T.L.O. said. T.L.O. said that there needs to be a reasonable –
JUSTICE SOUTER: I’m — I’m saying it.
(Laughter.)
JUSTICE SOUTER: We — We’ve got a new case.
(Laughter.)

JUSTICE GINSBURG: Do you agree with Mr. O’Neil when he said if the drug had been cocaine, and it’s well known that cocaine is carried in underwear, that then this would not run afoul of the Fourth Amendment? He gave an example of a drug where there was a custom of carrying it in a certain way.
MR. WOLF: Right. I think if it were readily known that this student had previously been suspected of — to use the term that’s used in the court of appeal cases — “crotching” that drug, well, then, perhaps that would have been appropriate.

MR. WOLF: Well if there’s probable cause and they want to call the police officers in, then they can do that. But that’s not what happened here. What this school official did was act on nothing more than a hunch, if that, that Savana was currently concealing Ibuprofen pills underneath her underpants for other’s oral consumption. I mean there’s a certain ick factor to this.

JUSTICE BREYER: It’s not like you have any studies on this. But I mean, I hate to tell you, but it seems to me like a logical thing when an adolescent child has some pills or something, they know people are looking for them, they will stick them in their underwear. I’m not saying everyone would, but I mean, somebody who thinks that that’s a fairly normal idea for some adolescent with some illegal drugs to think of, I don’t think he’s totally out to lunch, is he?

JUSTICE BREYER: So what am I supposed to do? In my experience when I was 8 or 10 or 12 years old, you know, we did take our clothes off once a day, we changed for gym, okay? And in my experience, too, people did sometimes stick things in my underwear –
(Laughter.)
JUSTICE BREYER: Or not my underwear. Whatever. Whatever. I was the one who did it? I don’t know. I mean, I don’t think it’s beyond human experience, not beyond human experience.

This post is subject to a disclaimer.

On Charter Schools, Part 3: Criticisms of Charter Schools

April 23rd, 2009
This is the third in a series on the growing Charter School movement in American education. Previous articles have outlined the general disrepair of the American public education system and attempted to define specifically what is meant by the term “Charter School”. This series is being cross-posted at the blog, Sweat & Technique.
Much of the media attention on charter schools as a solution to our educative woes seems to be positive. Charter schools played an important role in Barack Obama’s education speech in Ohio. Barack Obama’s new education secretary, Arne Duncan, helped to rebuild public schooling in Chicago in part with charter schools. This post will not extol the virtues of Charter Schools, but instead will attempt to outline their critiques. As this article published Wednesday in the Wall Street Journal suggests, there are criticisms being levied against the expansion of charter schools. This post will not attempt to refute or discuss these critiques, but merely to present them as objectively as possible. For objectivity’s sake, let me make it clear that I am a teacher at Ánimo Justice Charter High School, a charter school managed by Green Dot Public Schools.

They Reinforce Segregation

“Charter schools are largely more segregated than public schools.” Charter Schools and Race: A Lost Opportunity for Integrated Education, the Harvard Civil Rights Project, 2003.

In the forward to a 2003 report issued by the UCLA Civil Rights Project (formerly the Harvard Civil Rights Project), Gary Orfield writes, “Although there was an early concern that charter schools would serve as a haven for white students to escape diverse public schools, many minority parents have expressed strong interest in alternatives to their local public schools.” That minority parents should be embracing charter schools should not be surprising. I believe that our nation’s Achievement Gap speaks to the fact that problems faced by our public education system are compounded for minority communities. As a result, “charter schools in most states enroll disproportionately high percentages of minority students, resulting in students of all races being more likely to attend school that on average, had a higher percentage of minority students.”

Difficulties with Accountability

In my post last week, I wrote “a charter school must outperform the public school to remain in existence.” Commenter, jkowal, responded,

“in most states & districts, charter schools don’t actually have to *outperform* the traditional public schools. I wish this were the case! But in many areas they can be getting results just as lousy as the nearby district schools and stay open. It really depends on the rigor of their sponsor/authorizer’s accountability standards, and whether or not the sponsor has the resources/stomach/fortitude to shut down a school that’s still better than some in the same district.”


Many may be familiar with the struggle around the closing of Uphams Corner Charter School in Boston. The seven-year-old Charter serving fifth through eighth grade students had made great strides in establishing an identity offering a classical education to struggling students. What Uphams Corner had failed to do was post test scores.
Though a state inspection team found improvements over the past year in student behavior and classroom instruction, MCAS scores remain low. For the first four years, many classes lacked rigor, and teachers didn’t teach a curriculum that was aligned with the state’s academic standards. A majority of teachers left the school in the second and third years.

On the MCAS last year, Uphams Corner performed worse than Boston’s regular, noncharter public schools in math, and similar to Boston in English, according to the state inspection report. Seventy percent of Uphams Corner’s sixth- and eighth-graders failed the 2006 math MCAS tests, compared with about 50 percent in Boston and about a quarter statewide. English scores were better — 49 percent of Uphams Corner’s eighth-graders scored proficient in English, the state’s goal. In comparison, 54 percent scored proficient or higher in Boston, along with 74 percent statewide.

Take note of the year. The article references 2006 scores. The Massachusetts State Board of Education voted to revoke the charter of Uphams Corner Charter School in January of this year. The charter is revoked effective June of this year. The review of scores and practices found Uphams Corner to be deficient in 2006, but the nature of the review process is such that it took two more years for the process to be completed. The process is by nature costly.

According to “Grading the Chartering Organizations,” a June 11, 2003 Education Week article, “In most states, however, there are few resources for oversight of schools and revocations of charters for educational failure, as opposed to financial problems, are rare.” The realities of public schooling on the ground often prevent sponsoring agencies from holding Charter Management Organizations (CMOs) accountable. Each year, the Center for Education Reform (CER) publishes an Accountability Report on Charter Schools. The 2009 report states that, since 1992, less than 100 charter schools have been closed down by their sponsors for failure to achieve their stated academic goals.
Distribution of funds
Charter Schools receive funding through their sponsoring institution based upon the Average Daily Attendance of their student body. Unfortunately, charter schools do not receive all of these funds. According to CER, “Nationwide, on average, charter schools are funded at 61 percent of their district counterparts, averaging $6,585 per pupil compared to $10,771 per pupil at conventional district public schools.” Part of the problem is the path of this funding. In California, for example, the money goes from the State to the local District to the CMO or School. In California, 31¢ of every dollar does not make it from the District to the CMO or School.

Another criticism of Charter School funding revolves around CMOs. In some states, such as Michigan, it is possible for a CMO to be a for-profit organization. Designed to bring competition to the administrative side of education, criticisms of for-profit involvement with education are pretty clear. If tax dollars are being diverted from the classroom to private shareholders, even as a reward for efficiency, these are dollars that are not being spent as intended … on the education of children. According to an evaluation performed by Western Michigan University, Michigan Charter Schools are on average lower performing than Charter Schools in other states.
They Skim Off The Cream
While it is beyond the scope of this article to discuss the measured success of Charter Schools, certainly, it would be easier for a Charter School to succeed if it were enrolling only the best students from a low-performing local school. Many attribute the success of Charter Schools to just this phenomenon i.e. the Skimming of the Cream. In California, Charter Schools must enroll students when they have available spots. If there are more applicants then available spaces, a lottery must be held in order to determine who will enroll. In theory, the practice is extremely egalitarian. Schools can, however, require interviews and/or personal essays as part of the application process. While these may not be judged for merit, they can be judged for “fit between the charter school and the family” and certainly favor the highly motivated. A December 2008 article on Chicagoist.com speaks of community “disappointment with the charter school program and how they are ‘destroying neighborhood schools’” by catering “to the kids that shine on state tests, leaving the lower-scoring kids behind in neighborhood schools.”
Union Issues/Job Security
Much of the education reform debate seems to cast union advocates as obstructionist, and while some of this is deserved and fair, a strong teacher’s union can increase teacher longevity and job security. There has been no love lost between prominent CMOs and powerful teacher’s union. The union I am a member of, Asociación de Maestros Unidos, which represents all teachers at Green Dot Public Schools, seems to be the exception rather than the rule.

CMOs as a general rule seem to see union organizing as an obstruction to school reform. The internet has multiple references to the cleansing of unionizing schools and unfair labor practices when it comes to the formation of unions. I realize that this is a flashpoint issue, and I do not wish to now debate the issue. I simply wish to highlight that there are teachers who wish to unionize at charter schools who are being blocked in their efforts.
Burnout
I am currently in my fourth year of teaching. At my young Charter School in its third year of existence, I am a veteran. I serve as Chair of a Department, Testing Coordinator and on various committees. In the past, I have thought nothing of working a 70-hour week. I am not a workaholic, I just have a strong commitment to my school and its needs. But this is not a sustainable pattern of behavior and leaves me susceptible to any number of diversions such as blogging about charter schools instead of lesson planning (rest assured, I am fully prepared for school tomorrow:) Kidding aside, however, according to a post at EdWeek, “In the charter schools, nearly a quarter of the teachers ended up leaving by the end of the school year, 14 percent of them leaving the field altogether and 11 percent transferring to another school.”
Conclusion
I write this post not because I am anti-charter. I am pro-education reform. I write this post looking for solutions to these problems. While I have attempted to stay impartial in presenting these criticisms, I hope that you will weigh in with your opinions on these and other criticisms of Charter Schools. I will leave you with a quote from a Pennsylvania legislator who voted to create charter schools, State Rep. Mark B. Cohen of Philadelphia, culled from the Wikipedia page on Charter Schools. According to Wikipedia, Cohen said that

“Charter schools offer increased flexibility to parents and administrators, but at a cost of reduced job security to school personnel. The evidence to date shows that the higher turnover of staff undermines school performance more than it enhances it, and that the problems of urban education are far too great for enhanced managerial authority to solve in the absence of far greater resources of staff, technology, and state of the art buildings.”

Are Charter Schools the Ends or the Means?

April 23rd, 2009

by Jacques Arsenault

Charter schools have been a hot topic in the news recently, with charter debates raging in several states, charter schools being praised by President Obama (who signed the Edward Kennedy Serve America Act at a SEED Public Charter School this week), and by Secretary of Education Arne Duncan in a Wall Street Journal op-ed.

But if these schools have made an impact on the education landscape, what is the end goal, collectively, of the charter school movement? Josh Cook writes in his recent Edurati post “What is a Charter School“:

When states began passing laws allowing public schools to be chartered they did so with the understanding that these schools would be in more direct, local control of their day-to-day and year-to-year operations, but the trade off would be that these schools would have to show superior results when compared to the local public school they would be competing with. In this sense, a school charter is two things: 1) a granting of rights to the charter’s managing body and 2) a performance contract between this managing body and the sponsoring institution. To put it succinctly, a charter school must outperform the public school to remain in existence. To quote Spiderman’s Uncle Ben, “With great power comes great responsibility.”

Charter schools can serve a number of functions:

  • Innovation – given the flexibility that charters are given, they have the ability to experiment with new content, pedagogy, or technology.
  • Variety and focus – perhaps a focus on arts, or leadership, or kinetic learning, or serving adjudicated youth, some charter schools are created to serve the particular needs of a specific group of students.
  • Different management structure – because most charters do not have to work with unions, they are able to build in different management and performance structures for teachers, as well as for students.
  • Longer school days/years: many charter schools, particularly some of the nationally-known models like KIPP have longer school days, weeks, and years than the districts in their regions.
  • Community focus: some of the earliest charter schools were those created by community leaders in a local neighborhood setting. These are still a source of charters, though their performance results don’t necessarily match the results of KIPP, SEED and other national CMOs or charter networks.

Charter schools can incorporate one or more of the above functions, though rarely all of them. And many charters have demonstrated compelling, inspiring results for students that often would have been written off.

But what is the lesson to be learned from charter schools? Are they the means or the end for ensuring an excellent education for all children? In other words, if we have learned new pedagogical and/or management insights:

  • Should we be continuing to add new “firms” to the competitive landscapes (by raising charter caps)?
  • Should we be trying to take advantage of innovation, and incorporate some of these lessons in our traditional public schools?

In other words, is the ultimate end goal to have traditional public schools in low-income replaced by a menu of charter and other options, or is there still an intrinsic value of strengthening school districts ?

And what of the approach to new charter schools:

  • Should we encourage new entrepreneurs to continue creating new schools and new schooling models?
  • Or should we instead encourage expansion of the franchises (YES Prep, Imagine, etc.) that have shown good results?

As we see political showdowns around charter schools, and few if any states have reached a saturation point in terms of charter school supply, it is crucial to ask questions about the overall goal of “the charter movement” — or more accurately “the many charter movements” in order to begin answer some of the questions above.

Your thoughts?

Why We’re Still ‘At Risk’ – The Legacy of Five Faulty Assumptions

April 21st, 2009

I claim no credit for the title, which comes from this Education Week piece by Ronald Wolk, who was a co-founder of The Chronicle of Higher Education and founder of Education Week, and is chairman of Editorial Projects in Education, which puts out both Education Week and Teacher Magazine. The piece appeared online yesterday, and will be in print tomorrow. And it is as cogent as anything I have read on the problems with how we make education policy in this country. You will have to register to read the article, and as a non-subscriber will only be able to read for free two articles a week, but this is worth one of the two of your allotment. Consider:

After nearly 25 years of intensive effort, we have failed to fix our ailing public schools and stem the “rising tide of mediocrity” chronicled in 1983 in A Nation at Risk. This is mainly because the report misdiagnosed the problem, and because the major assumptions on which current education policy-and most reform efforts-have been based are either wrong or unrealistic.

Wolk considers the people running public eduation and leading the “reform” movement “knowledgeable, dedicated, and experienced” but argues that they

are so committed to a strategy of standards-based accountability that different ideas are marginalized or stifled completely.

One could write a book about each of the five major assumptions on which education policy rests, but in this limited space, a few brief paragraphs will have to suffice.

Let’s list the five key assumptions upon which he says education policy is based. I will list in bold italics the assumptions as he pens them, and for each offer the final statement he offers on each in a brief blockquote.

Assumption One: The best way to improve student performance and close achievement gaps is to establish rigorous content standards and a core curriculum for all schools-preferably on a national basis.

The issue is not whether standards are necessary. Schools without standards are unacceptable. Society should indeed hold high expectations for all students, but those expectations should reflect the values of the family and society-doing one’s best, obeying the rules, and mutual respect-and not simply the archaic academic demands of college-admissions offices. We should be preparing young people for life, not just for college.

Standards don’t prepare students for anything; they are a framework of expectations and educational objectives. Without the organization and processes to achieve them, they are worthless. States have devoted nearly 20 years to formulating standards to be accomplished by a conventional school model that is incapable of meeting them. We will make real progress only when we realize that our problem in education is not one of performance but one of design.


Assumption Two: Standardized-test scores are an accurate measure of student learning and should be used to determine promotion and graduation.

Except in school, people are judged by their work and their behavior. Few of the business and political leaders who advocate widespread use of standardized testing have taken a standardized test since leaving college. It is probably a safe bet that the majority of them, even after 16 years of formal education, could not pass the tests they require students to pass.

“But I took those courses years ago,” they say. “I can’t remember all that stuff.” Exactly.

A common justification for standardized testing is that it’s the best proxy for student achievement we have until something better comes along. The performance-based assessment used in many charter schools (and now statewide in Rhode Island and New Hampshire) is better.


Assumption Three: We need to put highly qualified teachers in every classroom to assure educational excellence.

If we want effective teaching, we should change the ways schools are organized and operated, and shift the teacher’s primary role from an academic instructor to an adviser, someone who helps students manage their own education.

Assumption Four: The United States should require all students to take algebra in the 8th grade and higher-order math in high school in order to increase the number of scientists and engineers in this country and thus make us more competitive in the global economy.

If the nation wants more scientists and engineers, then educators need to find ways to awaken and nourish a passion for those subjects well before high school, and then offer students every opportunity to pursue their interest as far as they wish.

Assumption Five: The student-dropout rate can be reduced by ending social promotion, funding dropout-prevention programs, and raising the mandatory attendance age.

The key to graduating is learning; the key to learning is motivation. There are innovative public schools that graduate most of their students because they personalize education, encourage students to pursue their interests and build on that enthusiasm, and offer multiple opportunities to learn instead of a one-size-fits-all education.

Wolk concludes as follows:

It is neither wise nor necessary to bet the future on a single reform strategy, especially when hundreds, perhaps thousands, of schools are demonstrating every day that there are other and more successful ways to help children learn and succeed.

But we can pursue two strategies only if we act to assure that the dominant strategy does not smother the fledgling movement in its crib.

I do not agree with all he presents in this piece. For example, in my opinion and in the opinion of far too many on the ground in Chicago, he gives Arne Duncan far too much credit for Renaissance 2010, the program Duncan used to reshape public schooling in the Windy City. The track record of that approach is not as sanguine as many would have us believe, and here I would note that Education Week has not given as many column inches to critics of that approach as I would have like to have seen.

I am also a bit critical in his framing that while he rightly talks about engendering enthusiasm for math in science by appropriate approaches in the lower grades (about which more anon) he ignores the damage that can be done to students and to our nation if we place too much focus on those subjects at the expense of other domains, including literature and the arts, historical and cultural knowledge, and preparation to be a citizen. We run a serious danger with our current obsession with math and science of producing a generation of technocrats without the ability to reflect morally, and we cheat many children of a chance to discover their true passions in fields that may not return the direct economic benefits we presume to see in science, math and technology, but without which our lives and our nation would be immeasurably less rich.

Still, despite those criticisms, this article provides the person reading it with insights that those of us who have been attempting to make a difference in education all know. There is no one path. Our overemphasis on standardized testing is limiting and destructive and really does not inform either us or those tested completely. There are other ways of assessing. Invoking interest in the early grades can be key to developing the kind of student passions we need. And we misunderstand and misapply the idea of standards.

Let me repeat one line I find key: We should be preparing young people for life, not just for college. Not only not just for college, also not just for employment in fields as we currently imagine them. Unless we inspire students to be willing to explore beyond the boxes we can currently imagine, we will stultify the creative impulse that has been at the heart of America’s genius, in science and industry to be sure, but also in the arts and politics. It is that creative impulse, too easily stultified by the kinds of approaches that have driven our educational policy in the past quarter century (since A Nation At Risk in 1983, although similar thrusts can be seen back over the past half century), that have enriched America not only financially but also in our willingness to take on societal inequities as we saw in the New Deal and the Great Society. As one born in 1946 who lived through the latter, it was the willingness of people to imagine a world different than the one which was given to them that challenged America to be different: think of the young people whose commitment fueled the Civil Rights movement as just one example of this.

Read the entire piece by Wolk. Let it provoke your own thoughts. Go beyond what he says – he would never claim to have all wisdom on the subject.

And remember these two points. First, Wolk says of the business leaders who seem so insistent on our current approach to standards and testing It is probably a safe bet that the majority of them, even after 16 years of formal education, could not pass the tests they require students to pass. My adolescent students are well aware of that, and our testing regimen makes them cynical. Do we really want to be inculcating cynicism as part of our educational process? Second, If we want effective teaching, we should change the ways schools are organized and operated, and shift the teacher’s primary role from an academic instructor to an adviser, someone who helps students manage their own education. Ultimately one key part of the job of teacher is to empower those who pass through our care to learn how to learn on their own. That is far more important than any single fact or formula we manage to have them absorb. Yes, we need to teach them the different ways through which we currently organize knowledge, but should also recognize that they may come up with better ways to do so, for themselves and for society as a whole, but only if we are willing to let them take risks, to try new things and new ways of perceiving.

I read Wolk’s piece late last night. I pondered it for a while. When I arose this morning, I decided there was nothing more important that I could do for public education today than to make the piece more widely known.

Well, almost nothing more important. The most important thing I can do is what I do every school day – head off to my classroom determined to empower all of the students who come through my care.

What will you do?

Peace.

Emerging Trend: Giving Teaching the Ole Tire Kick-Test

April 19th, 2009

In his article, Creme de la Career (titled “With Finance Disgraced, Which Career Will Be King” on-line), Steve Lohr of the New York Times suggests that “the financial crisis and the economic downturn are likely to alter drastically the career paths of future years.”
This trend proved true during both the Depression and “cold war Communist challenge” when college students migrated toward fields where “jobs beckoned and pay was good.” The results — ranging from the interstate system to Hoover Dam to the foundations of our modern computing framework — continue to shape and inform the world we live. Their legacy lives on.
The basic idea is this: a period of instability triggers a change that is then followed by relative stability. In evolutionary biology, this theory is called punctuated equilibrium. Borrowing from biologists, social scientists apply this theory to explain rapid periods of change in policy, behavioral patterns, and organizations. Wikipedia states it as such:

The model states that policy generally changes only incrementally due to several restraints, namely the ‘stickiness’ of institutional cultures, vested interests, and the bounded rationality of individual decision-makers. Policy change will thus be punctuated by changes in these conditions, especially change in party control of government or changes in public opinion. Thus, policy is characterized by long periods of stability, punctuated by large, but less frequent changes due to large shifts in society or government.

Mr. Lohr goes on to report that with the diminished lure of Wall Street, indicators such as “graduate school applications this spring, enrollment in undergraduate courses, preliminary job-placement results at schools, and the anecdotal accounts of students and professors” are pointing towards the emergence of a “new pattern of occupational choice”. He goes on to say, “(p)ublic service, government, the sciences and even teaching look to be winners.”
Did I read that right? “Even teaching”?
“Even teaching” is among the winners?! Well, Shazam!
Someone gas up the barbi, put some micro brews on ice, and queue up Kool and the Gang’s “Celebration” on the iPod. There’s gonna be a party going on right here, a celebration, to last throughout the year(s).
I guess before I get too excited and start popping champagne to welcome more top-shelf students to our profession, we need to get serious about giving this jalopy of ours a tune-up. If young adults are going to be giving this career the equivalent of a tire kick-test, we need to make sure the wheels are in good shape, the engine hums and it is going to get good gas mileage over the course of their lives.
Basically, if we wish to capitalize on this dynamic shift in demographics and attract sharp, critical, and talented students to the field of teaching, we need to get serious about wooing seekers with a gleaming coupe of a profession. We need to Pimp Our Ride. And, we need to be already working on strategies keep them in it. Starting yesterday.
We should start with a good hard look at some of the rust built up on the frame of our beloved little clunker of a career:
  • Do we really think we’ll keep ambitious, growth-minded professionals in a field that requires a 30 year veteran to do nearly the same job as a fresh-from-college graduate?
  • Are students who’ve been successful at carving out their own niche going to be satisfied being required to teach from a text book, and then being judged solely on the results of a high stakes test that someone else takes?
  • Will young educators with a history of leadership experiences survive and thrive in a system dominated by top down reform efforts?
  • Can we really expect young adults, even altruistically minded ones, to stick with a profession that still pays many of its professionals like day laborers?
  • Are we likely to capitalize on the potential of collaborative curves if we isolate these new teachers in classrooms with little or no time to work with colleagues in meaningful and innovative ways?
Yikes. Will a wax job be enough to buff these issues out? No. Perhaps our strategy should be to enlist the efforts of a new generation of teachers. We want them to feel that their potential, their ideas and ideals can have a transformative presence in the field of education.
They need to feel that their contributions will make a difference.
There are small things we can do. To start with:
Our education language needs a stimulus package.
“Standards” and “accountability” can no longer be both the cornerstone and keystone of our conversations about learning. We need to hear words like engaging, curiosity, creativity, multiple intellegences, equal access, differentiation, learning environments, relevance, collaboration, and media literacy (among many others) when people talk about quality education.
There should be some effort to present the utility and versatility of becoming an educator. With the changing paradigm of globalization and international interaction, teachers have become indispensable On-Star navigators, helping to steer students (in any subject and at any level) toward information, knowledge, and skills that lead to success.
With that in mind, compare the aesthetics and persuasive content of the following sites. Which inspires you to teach? Which makes you want to run away?
Additionally, We need to begin establishing more layers in the teaching profession. Current advancement is limited to becoming a principal or a professor. What if there were a middle ground between these career options?
Katherine Boles, Senior Lecturer at Harvard Graduate School of Education, outlined in the book she co-authored with Vivian Troen,”Who’s Teaching Your Children: Why the Teaching Crisis Is Worse Than You Think and What Can Be Done About It“, ideas about how to achieve increased complexity and topography in the professional educator’s career. They suggest we construct “Millennium Schools” in which there are numerous layers to the teaching profession in order to provide opportunities for beginner and master teachers alike to develop.
Four main pillars of a Millennium School are:
  • Multi-tiered career paths for teachers
  • Teaching in teams instead of in isolation
  • Performance-based accountability
  • Ongoing professional development for all teachers and principals.
The authors write,
A Millennium School offers teachers a multilevel career path that rewards advanced training and experieince with higher levels of pay, responsibility, supervision, and team management. . . (It) calls for the establishment of six teaching positions:
  • Chief instructor
  • Professional teacher
  • Teacher
  • Associate teacher
  • Teaching intern
  • Instructional aide
As a potential career option, teaching becomes much more attractive (and interesting) when there are more layers and levels. As teachers become hungry for more responsibility, pay, or both, or just a slight change, they have possibilities.
Our 20th century Tin Lizzie of a profession needs some updating. New interior design with increased access to technology, collaborative opportunities, autonomy, and professional advancement. Aerodynamic classrooms tricked out with resources and outfitted with relevant curriculum. Advanced integrated features such as accountability measures that stimulate engaged students and inspire teachers to grow and develop.
The schools of the future begin with our efforts today, and we need to communicate the great value, purpose, and potential of teaching. We want these career seekers to give our profession the kick test and find that it is not only worthy of their attention, but well worth their investment. We only stand to gain — as a profession, as a society, and as a world.

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