executive summary follows news release<br><br><div class="gmail_quote">
**NEWS RELEASE**<br>
<br>
FOR IMMEDIATE RELEASE CONTACT: Heinrich Mintrop 415-250-0156<br>
April 22, 2009 Gail L. Sunderman<br>
571-217-7004<br>
-Los Angeles, CA-<br>
<br>
New Study by UCLA’s Civil Rights Project:<br>
NCLB Ignores What We Know about School Change and<br>
Is Motivated by Politics<br>
<br>
<br>
A new report from the Civil Rights Project at UCLA, a non-partisan research<br>
center which has been systematically studying the implementation of the federal<br>
No Child Left Behind Act (NCLB) since its inception, finds that some of the<br>
basic assumptions of the law are not working and may well be mistaken. In this<br>
study, Why High Stakes Accountability Sounds Good but Doesn’t Work-- And Why<br>
We Keep on Doing It Anyway, commissioned by the Civil Rights Project,<br>
Researchers Gail Sunderman and Heinrich Mintrop evaluate whether the<br>
accountability system endorsed by NCLB is likely to succeed or fail, and<br>
whether it is compatible with what researchers across the country have learned<br>
about the conditions needed for lasting school reforms.<br>
<br>
The report finds that NCLB is failing on three fronts. First, there is little<br>
evidence that high stakes accountability under NCLB works. It has not improved<br>
student achievement and the sanctions have had limited effects in producing<br>
real improvement. The law also results in high numbers of schools being<br>
mislabeled as “failing” and far outstrips the ability of states to<br>
intervene effectively in the schools it sanctions. Third, the law has failed<br>
to connect in a meaningful way to the educators who must implement it -- they<br>
do not see the accountability goals as realistic and consider the sanctions to<br>
be misguided and counterproductive for improving schools.<br>
<br>
The most important finding is the damage the NCLB is doing to our educational<br>
system. Under NCLB, the system “works” when education systems operate<br>
within only a basic skills framework and with low test rigor. The cost to our<br>
nation is revealed in an educational system stuck in low-level intellectual<br>
work.<br>
<br>
Civil Rights Project Co-Director, Gary Orfield, concludes, “The new<br>
administration has a unique opportunity to address the serious structural<br>
problems of NCLB and to forge a more constructive and effective federal role.<br>
To persist in sound-bite educational politics that sound tough but have failed<br>
for a generation would be a tragic mistake. To claim that it would further the<br>
civil rights of children increasingly segregated in schools that have been<br>
officially branded and sanctioned as failures -- but not provided help that<br>
makes a real difference -- would be a blunder.”<br>
<br>
Even though the law is failing in some critical respects, the authors argue<br>
that we may maintain NCLB anyway because many derive secondary benefits from<br>
the system, specifically those who are politically and ideologically committed<br>
to NCLB and those deriving economic or political benefits from the law.<br>
<br>
The authors contend that after fifteen years of state and federal<br>
sanctions-driven accountability that has yielded relatively little, it is time<br>
to try a new approach. A system based on mandates and legal administrative<br>
enforcement should be replaced with one that emphasizes respect for the<br>
professionalism of educators and active involvement of communities in<br>
developing the capacity to implement lasting changes.<br>
<br>
The full report can be found at <a href="http://www.civilrightsproject.ucla.edu/" target="_blank">http://www.civilrightsproject.ucla.edu/</a><br>
<br>
A copy of the Executive Summary and Foreword can be found at the end of this<br>
advisory. Copies of CRP’s previously released NCLB reports may also be found<br>
on our web site above. Funding for this research was generously provided by a<br>
grant from The Charles Stewart Mott Foundation.<br>
<br>
<br>
About the Authors:<br>
<br>
Heinrich Mintrop, Ph.D. taught middle school and high school for over a decade<br>
in both the United States and Germany. He received a Ph.D. in education from<br>
Stanford University in 1996. He is currently an associate professor of<br>
education at the University of California, Berkeley. As a researcher, he<br>
explores issues of school improvement and accountability in both their academic<br>
and civic dimensions. He has recently published the book Schools on Probation.<br>
How Accountability Works (and Doesn’t Work) at Teachers College Press. At UC<br>
Berkeley, he is involved in programs that prepare strong leaders for high-need<br>
urban schools.<br>
<br>
Gail Sunderman, Ph.D. is a Senior Research Scientist at the George Washington<br>
University Center on Equity and Excellence in Education where she directs the<br>
Mid Atlantic Equity Center (MAEC). Prior to that, she directed a five-year<br>
study examining the implementation of the No Child Left Behind Act of 2001 for<br>
the CRP. She is co-author of the book, NCLB Meets School Realities: Lessons<br>
from the Field (with James S. Kim and Gary Orfield, 2005) and editor of Holding<br>
NCLB Accountable: Achieving Accountability, Equity, and School Reform,<br>
published in 2008. She is a former Fulbright Scholar to Afghanistan and<br>
received her Ph.D. in political science from the University of Chicago.<br>
<br>
<br>
Executive Summary<br>
<br>
The federal accountability system, made universal though the No Child Left<br>
Behind Act of 2002, is at its heart a quota and sanctions system. This system<br>
stipulates the progression of underperforming schools through a set of<br>
increasingly severe sanctions based on meeting performance quotas for specific<br>
demographic groups. While it includes standards, assessments, and performance<br>
targets, sanctions are the means by which the higher levels of the system put<br>
pressure on lower-levels of the system to take accountability seriously. Even<br>
though the law formulates the sanctions in the language of improvement,<br>
support, and radical renewal, the punitive core for districts and schools is<br>
apparent: when improvement efforts fail, loss of control and threat of<br>
organizational survival is at stake.<br>
<br>
But whether this system is up to the job of achieving its goal of improving the<br>
performance of persistently underperforming schools is an open question. Using<br>
findings from the best available research, this report examines whether an<br>
accountability system based on the imposition of sanctions is likely to succeed<br>
or fail and, if it does persist, what the consequences may be for sustaining an<br>
educationally rigorous system. The report asks three questions: (1) does the<br>
system work, that is, does it produce the intended results, (2) is it<br>
practical, that is, can it be implemented, and (3) is it legitimate, or is it<br>
valued among those who must implement it. We conclude with a discussion of the<br>
costs of maintaining the current sanctions system.<br>
<br>
Does the System Work? There are two aspects to this question: does the system<br>
as a whole produce the expected outcomes; and do the actual sanctions result in<br>
school improvement.<br>
<br>
Does the system produce the expected outcomes? There is little evidence that<br>
high stakes accountability under NCLB improves student achievement. Although<br>
state accountability systems appear to be a success since test scores continue<br>
to rise in most systems, the picture looks far less positive when one looks at<br>
the National Assessment of Educational Progress (NAEP). When NAEP scores are<br>
used, gains appear to be much lower, there is substantial variation among<br>
states, and few states have narrowed the achievement gap among racial and<br>
socioeconomic subgroups while improving overall performance at the same time.<br>
Given the large discrepancies between NAEP and state assessments results, it is<br>
not quite clear what the state tests measure. By all indication, state<br>
accountability systems with their own pressures and sanctions are successful at<br>
focusing schools’ and districts’ attention on state assessments.<br>
<br>
Do the sanctions work? There is also a lack of evidence that the sanctions<br>
themselves have been successful as an effective and universal treatment for<br>
low-performing schools. Neither the transfer option nor the supplemental<br>
educational service provisions have been widely embraced by parents or<br>
districts. Whether or not the transfer option produces improvements in school<br>
performance is a moot point since the percentage of students taking advantage<br>
of this option (about 1% of eligible students) is so low. The response to<br>
supplemental educational services has also been low (14% of eligible students);<br>
and third party evaluations of these services are finding small, if any<br>
statistically significant effects of the program on improving student<br>
achievement. The corrective action and restructuring options, such as<br>
reconstitution, charter school conversion or take-over by education management<br>
organizations (EMOs), may work in some limited situations but are not effective<br>
across the board. Among the variety of corrective action and restructuring<br>
strategies that have been tried, none stick out as universally effective or<br>
robust enough to overcome the power of local context.<br>
<br>
Is the Sanctions System Practical? If the NCLB system was practical, it would<br>
identify schools in need of improvement and restructuring with high accuracy;<br>
appropriately direct schools to pay attention to students most in need of help;<br>
produce an intervention burden for states and districts commensurate with<br>
capacities to provide new impetus, ideas, resources, and personnel; and lastly,<br>
through the imposition of sanctions, create momentum for deliberate and a well<br>
articulated improvement processes for schools and districts stuck in low<br>
performance. NCLB fails those practical criteria.<br>
<br>
In state systems with at least moderately high performance demands, NCLB has<br>
led to high numbers of failing schools that by far outstrip district and state<br>
capacity to intervene. But it is not even clear if the bulk of these schools<br>
are in fact correctly classified. Most notably, the system has no practical<br>
answers to address the full spectrum of student performance and learning needs,<br>
particularly for students far-below proficient, special needs students, and<br>
marginally performing students; moreover, it does not speak to the predicament<br>
of low-capacity schools and districts. While it may appear that the sanctions<br>
system has succeeded in fermenting a climate of reform, such ferment, in many<br>
instances, is more likely to result in unproductive turbulence than sustained<br>
school improvement.<br>
<br>
Is the Sanctions System Legitimate? Despite an almost twenty year period in<br>
some states, accountability systems, and particularly NCLB, continue to<br>
encounter serious legitimacy and acceptability problems among the groups that<br>
they are designed to target—teachers, principals, and administrators in low<br>
performing schools and districts. In general, while standards, assessments of<br>
performance, and consequences for low performance are widely accepted ideas in<br>
general, research suggests that attitudes about high stakes accountability<br>
systems are more negative. This is because accountability systems designed<br>
around sanctions violate core professional norms of educators and produce<br>
widespread frustration and de-moralization among those charged with carrying<br>
out school improvement efforts. Accountability goals are often not seen as<br>
realistic, and the sanctions are considered to be misguided and not very useful<br>
for improving schools. In efforts to improve test scores, teachers widely<br>
report that they must compromise standards of good teaching in order to meet<br>
accountability goals.<br>
<br>
What are the Costs of Maintaining a Sanctions System? The combination of<br>
uncertain effects, loose connections to the broader educational values and<br>
norms of educators, and the difficulties or impossibilities of carrying out the<br>
system day-to-day makes the sanctions system a prime candidate for declaring it<br>
a failing system. But there is a way to maintain the system, although this way<br>
produces high educational costs. As long as states maintain low-rigor systems<br>
that concentrate on basic skills, and the more lenient options for school<br>
improvement or restructuring are chosen, the system can persist with relative<br>
ease. NCLB “works” when systems place low demands on the cognitive<br>
complexity of learning tasks and, subsequently, on teacher capacity building.<br>
State accountability systems that operate within a basic skills framework and<br>
with low test rigor tend to produce lower numbers of failing schools. Because<br>
such systems tackle school improvement goals that are fairly light, affordable,<br>
and manageable, they are more practical within the NCLB framework. Systems<br>
that are more ambitious produce an intervention burden that makes them<br>
unworkable.<br>
<br>
Improvement strategies that may be sufficient to reach lower level goals are<br>
not sufficient to reach higher order goals. And once educators have operated<br>
within the confines of a system oriented around test-driven basic skills<br>
remediation, strategies for teaching and school improvement cannot simply be<br>
switched to higher level skills, with the result that whole state systems get<br>
stuck in low level intellectual work.<br>
<br>
A redesign of the federal accountability system should start from four<br>
principles:<br>
<br>
• The system should reflect the complexity of the task by allowing<br>
multiple measures, more flexibility and local options.<br>
• Ambitious goals require ambitious capacity building within schools and<br>
districts; and in all likelihood beyond.<br>
• More comprehensive investments in student welfare that link education<br>
with health, job development, and community building as well as redistributive<br>
investments to attract and keep top-flight professionals in poorly performing<br>
schools are needed.<br>
• Overreliance on sanctions can be reduced when policies aim to develop a<br>
partnership between government, the teaching profession, and empowered<br>
low-income parents and to motivate changes by linking to the professional<br>
values and standards of educators.<br>
<br>
The report contends that after fifteen years of state and federal sanctions<br>
driven accountability that has yielded relatively little, it is time to try a<br>
new approach that replaces a system based on mandates and legal administrative<br>
enforcement with one that emphasizes the professionalism of educators and the<br>
active involvement of communities.<br>
<br>
FOREWORD<br>
<br>
We have bet the future of federal education policy on a theory of<br>
accountability that does not work. It has been the dominant educational reform<br>
theory for decades and the No Child Left Behind Act (NCLB) is its extreme<br>
expression. It turns out, after studying research results from across the<br>
country, it does not make much sense either as a managerial or an educational<br>
strategy. It has very good intentions but often sanctions those institutions<br>
where progress is most difficult and most urgently needed rather than offer the<br>
kind of help that could really make a difference. This report, by researchers<br>
Heinrich Mintrop and Gail Sunderman, dissects the logic of high-stakes<br>
accountability policies, explores why they have failed, and concludes that the<br>
failure was not one of implementation (though that made things worse) but of<br>
the basic structure of the policy.<br>
<br>
The Civil Rights Project has been studying the results of NCLB in six states<br>
since it was passed and has previously issued 12 reports, as well as two books<br>
and a number of articles, on its implementation and the results. Gail Sunderman<br>
has led this research. Professor Mintrop is a leading expert on the impacts of<br>
sanctions-based policies at the state as well as national level. Years ago, we<br>
showed that the standards were inconsistent and sometimes meaningless, the<br>
goals were incorrectly set and unfairly punished integrated schools and those<br>
serving English language learners and other minority groups. Our work showed<br>
that the law’s assumptions about teachers and sanctions were wrong and that<br>
the sanction process was undermining the good goal of keeping experienced<br>
teachers where they were most needed. We showed early on that neither the<br>
transfer option nor the supplemental educational services provisions were<br>
working. Work we commissioned demonstrated that the dropout provisions had been<br>
gutted and that the requirements placed on the states went far beyond the<br>
limited capacities of state agencies to fulfill. We have recognized all along<br>
that the goals of more equal outcomes, good statistics on outcomes by<br>
subgroups, and a number of other provisions in the Act could be part of a good<br>
policy. The Civil Rights Project has joined many other researchers in<br>
recommending the replacement of the very narrow and arbitrary goals of test<br>
scores in two subjects with a much richer accountability scheme. When we<br>
originally raised a number of these issues we were attacked by the law’s<br>
defenders, but, increasingly, the issues we raised have become part of much<br>
more broadly shared views of the NCLB experience. We believe that applying the<br>
lessons of the past eight years could produce a much more effective federal<br>
policy.<br>
<br>
Now, as the country thinks about what to do next, it is important to focus on<br>
some fundamental design problems with the NCLB that undermine its very<br>
important goal of increasing the equity and success of American schools. The<br>
first is that it was not designed around real educational experience, nor does<br>
it utilize what research has shown about the sources of educational inequality<br>
or the possibilities and conditions necessary for reform to work. Instead, NCLB<br>
is based on the dual assumptions that children are falling behind very largely<br>
because educators don’t care enough and that deadlines and strong sanctions<br>
imposed by the federal government can cure the problem so that all subgroups of<br>
children will become proficient by 2014. The second problem is that it often<br>
punishes schools that are making a positive difference for students,<br>
discouraging the staff and undermining future prospects for the school. The<br>
third is that it has a very narrow definition of education that not only<br>
diverts attention from other vital goals but also produces a strong focus on<br>
tactics that create a semblance rather than reality of success in those limited<br>
areas. The fourth is that all schools are being required to attain goals that<br>
are impossible to attain on any broad level given what we know about both the<br>
impact of schools relative to other forces in children’s lives and the<br>
distribution of talent and achievement that appears in all human populations.<br>
Finally, while the law obviously hopes schools will experience deep reform, the<br>
deadlines and yearly goals do not connect with what is actually known about the<br>
time and capacity-building required to actually turn around a school. I believe<br>
that there are good ways to correct each of these problems.<br>
<br>
This study, commissioned by the Civil Rights Project, finds that some<br>
fundamental assumptions of the law are in error and, if continuously pursued,<br>
are very likely to do more harm than good. Since state and local educational<br>
institutions have the primary responsibility for public education—paying<br>
nine-tenths of the bills and setting most of the rules—the first requirement<br>
for federal policy should be that it does no additional harm to the public<br>
school systems. This report shows that, in that respect, NCLB falls short—not<br>
only in operation but even in its design and basic assumptions. A reasonable<br>
standard would be that a policy not weaken key institutions, not undermine<br>
support for public schools, and not try to impose impossible requirements.<br>
Historically the role of the federal government has been to encourage new<br>
initiatives, to commission research, to disseminate information and statistics,<br>
and to provide resources to the schools. The sudden decision by NCLB to define<br>
the most important subject matter, to mandate the grades that are tested, to<br>
control teacher requirements, to set detailed requirements for yearly<br>
educational gains, and to order what can be very drastic sanctions represent<br>
truly radical interventions on state and local authority. A reasonable standard<br>
for such interventions is that: 1) they are based on a solid understanding of<br>
schools and school reform; 2) they make sense to and win cooperation from the<br>
teachers, local administrators and state officials who must try to make them<br>
work; and 3) they provide the resources needed to meet the additional demands.<br>
As it now stands, NCLB does not meet any of those standards.<br>
<br>
As a political scientist who has closely followed this law, it is obvious to me<br>
that the logic of NCLB is much more political than educational. Educators and<br>
those who spend their careers studying school reform were almost wholly<br>
excluded from the framing of NCLB and were often the target of attacks by some<br>
of its advocates. NCLB is about the politics of looking tough on educational<br>
reform. Since the l983 Reagan Administration’s A Nation at Risk report, the<br>
dominant style in education policy has been to look strong by demanding<br>
accountability, putting more focus on tests, criticizing teacher organizations,<br>
and either implicitly or explicitly blaming teachers, schools and school<br>
districts serving large numbers of poor children for inequality in educational<br>
results. One theme has been that some other means of running schools, such as<br>
charter schools, would be better because it was less public. At the same time,<br>
the law raises the pressure for schools, by themselves, to produce equal<br>
outcomes while other social policies bearing on the lives of poor children have<br>
been cut back. The dominant rhetoric has ignored the reality—reflected in<br>
countless studies over the past four decades—that poverty, low parent<br>
education, poor health, and inferior segregated schools all contribute<br>
powerfully to unequal outcomes, and that those conditions can only partially be<br>
addressed inside the schools. The vast majority of a child’s life is spent<br>
outside of school; students come to kindergarten with hugely unequal<br>
preparation. Ignoring the rest of children’s lives and communities and<br>
expecting the schools to produce perfect equality is to expect something that<br>
is impossible and has not been achieved in any nation under any educational<br>
system.<br>
<br>
The NCLB’s strategy makes sense in political terms. Policy makers look strong<br>
by being critical, demanding and tough. They blame teachers and school<br>
districts for the striking inequalities that exist between middle class<br>
suburban, largely white schools and those serving poor and minority children.<br>
There is a tendency toward escalating demands and criticisms as the latter<br>
schools fall behind. Blaming schools and their teachers takes the pressure off<br>
political leaders (and privileged communities) to play a serious role in<br>
solving the problems of children in a society that tolerates a level of child<br>
poverty higher than any other nation of similar stature.<br>
<br>
After the massive failure of policies adopted by the first President Bush and<br>
then President Clinton and reflected in Goals 2000 (which were supposed to<br>
produce equal schooling outcomes in the decade leading up to 2000), the second<br>
Bush Administration and Congress adopted a much more demanding set of<br>
requirements, backed with even stronger sanctions in No Child Left Behind in<br>
2001. It was particularly striking that this was done without the slightest<br>
evidence that it was likely to work. As was widely predicted at the time by<br>
researchers who had seriously studied school reform, that policy is a failure,<br>
substantiated by the ever-growing numbers of schools and communities officially<br>
branded as failures and sanctioned. There isn’t the slightest probability<br>
that the law’s goals will be met, in spite of intense pressure and widespread<br>
sanctions directed against many of the nation’s most troubled schools and<br>
communities. Instead of inspiring hope and drawing our strong educators and<br>
administrators to the schools that need them the most, it gives them an<br>
incentive to leave faster so that they are not branded as part of a failed<br>
institution.<br>
<br>
This study shows that unfounded and unattainable requirements backed by strict<br>
sanctions produce counterproductive reactions, produce massive failure, and<br>
leave states with problems they cannot solve. Needless to say, this undermines<br>
the attractiveness of teaching in the sanctioned schools and the interest of<br>
student and teachers in what often becomes a narrow drill-based curriculum.<br>
<br>
Often the alternatives are posed as a choice between accountability NCLB-style<br>
and no accountability. This is like saying that there is no alternative between<br>
bleeding a patient and letting him die. There are, of course, better<br>
alternatives. Medicine would not dream of accepting directives from Congress<br>
that it should only pay attention to two indicators of health and that Congress<br>
could prescribe the rate of mandatory patient recovery without any reference to<br>
what the best medical research indicated was possible. This is what has<br>
happened in education. The real choice is between narrow accountability with<br>
arbitrary standards and broader accountability linked to research on what are<br>
actually attainable goals within a prescribed period of time. Many civil rights<br>
groups and experts have signed statements advocating multiple measures which we<br>
strongly support.<br>
<br>
Our survey of teachers in two highly impoverished school districts actually<br>
showed that teachers supported accountability but they wanted reasonable<br>
standards, materials that effectively addressed the learning challenges of<br>
students, time to work together to back the school’s educational operations,<br>
and a good professional leader in their building. Federal law should foster<br>
these goals. What we need are richer forms of accountability measuring: school<br>
completion; acquisition of key skills needed for college; encouragement of a<br>
full education rather than endless drills on just two subjects; promotion of<br>
the kind of imagination and activities that attract students to learning;<br>
preparation of our students to become capable citizens in a democracy, and<br>
rewards for teachers and principals who make a clear difference in the level of<br>
success for their students.<br>
<br>
As we go into the next round of debate it would be very valuable to go back to<br>
first principles and consider how the federal investment in education could be<br>
refocused in a more positive way. It is very clear that there were tremendous<br>
inequalities in our schools before NCLB that still exist and still need to be<br>
addressed. I think that a strong and positive federal role is an important part<br>
of the solution, but that it must be developed in collaboration with those who<br>
truly understand schools and work in them, that it must provide resources to<br>
build capacity, that it should support building more knowledge in a field where<br>
there are too few proven remedies, and that it should provide recognition and<br>
support for those schools, administrators, and teachers whose work makes a real<br>
difference for children. This study by two leading scholars in the field is a<br>
solid contribution to that effort.<br>
<br>
Gary Orfield<br>
<br>
<br>
<br>
<br>
####<br>
<br>
</div><br><br clear="all"><br>-- <br>Monty Neill, Ed.D<br>Deputy Director<br>FairTest<br>15 Court Sq, Ste 820<br>Boston, MA 02108<br><a href="mailto:monty@fairtest.org">monty@fairtest.org</a> <br>857-350-8207; fax 850-357-8209<br>
<a href="http://www.fairtest.org">www.fairtest.org</a> <br>