Federal Lawsuit Against Rhee Moves Forward

 

I am reprinting this article from Diane Ravitch’s blog in its entirety.

 

Rhee To Face Federal Lawsuit Over Wrongful Termination

 

by dianeravitch

 

This just in:

 

http://www.prweb.com/releases/2013/4/prweb10586920.htm

 

Federal Judge Orders Michelle Rhee Suit to Go Forward, will Broaden to Concealment and Fraud Claims

 

A US federal judge has denied a Motion to Dismiss by former DC Public School Chancellor Michelle Rhee in a wrongful termination lawsuit over the mass firings of DC Public School teachers back in 2009. Case to be amended to add concealment and fraud claims against Rhee and her CFO Noah Wepman.

·

Washington, D.C. (PRWEB) April 01, 2013

 

For nearly three years, efforts by hundreds of DC Public School teachers who were victims of the much publicized mass firings by former Chancellor Michelle Rhee- herself hailed as a reformer and darling of major media- have failed to gain any traction in the courts.

 

However, in what may be a turning of that tide, US District Court Judge Rudolph Contreras has denied Rhee’s motion to dismiss claims by a music teacher that his firing was concocted by using a misapplied or non-existent job title to enable his poor evaluation and subsequent firing.

 

The suit involves Willie J. Brewer Jr., a 53-year-old teacher who worked for DCPS for 28 years before being terminated in October of 2009 due to “budgetary constraints” under a RIF (Reduction in Force). Under this circumstance, the pecking order of teachers to be terminated as determined by Rhee, were first those with poor performance evaluations. However, Brewer claims he was an instrumental music teacher and that his RIF competitive standing was erroneously governed by the standards for a vocal music teacher, a position that required a skill set different from his own. As a result, Brewer claims he scored a poor evaluation and was terminated.

 

Brewer has set out to prove that his circumstance was not the result of mere error but an illegal systematic effort by Rhee to replace teachers en masse- perhaps supported by Rhee’s own public statements regarding her ideology to aggressively fire, en masse, teachers she deems as failing.

(Read Judge Contreras’ Memorandum and Order for US District Court for the District of Columbia Civil Action No. 11-1206

http://www.leagle.com/xmlResult.aspx?page=1&xmldoc=In%20FDCO%2020120921E21.xml&docbase=CSLWAR3-2007-CURR&SizeDisp=7)

 

Along that line, it has been learned that Brewer will now amend his original complaint to broaden the scope of Rhee’s alleged actions into possible civil fraud and concealment claims. This has developed as a result of videotaped testimony by the former DCPS CFO Noah Wepman before the DC City Council on November 30, 2009. In that testimony, Wepman appears to admit that he willfully concealed, with the knowledge of Rhee, the true accounting figures which indicated that the DCPS had no budgetary shortfall at all- the pretext for the RIF to be instituted and the mass firings to take place.

 

The alleged scheme indicates that after the mass firings occurred, Rhee and Wepman then reported the true accounting figures and the money re-appeared in the DCPS budget enabling them to hire an entire flock of new teachers.

 

If Brewer prevails, with the case now in its discovery phase, Rhee’s- and now presumably Wepman’s- ideological experiment, which has been widely heralded by an entire nation, may quickly unravel.

A New Organization to Defend Public Education

Diane Ravitch, Leonie Haimson, Anthony Cody, Dr. Julian Vasquez Heilig and others have just formed a brand-new organization that is specifically designed to defend public education against the current onslaught of corporate DEforms.

 

It’s called the Network for Public Education.

 

Here is the URL for DR’s post on this:

http://dianeravitch.net/2013/03/07/breaking-news-new-group-to-oppose-corporate-reforms/

and here is the URL for the group itself.

http://www.networkforpubliceducation.org/

I applaud this move, and I signed up as a member a few minutes ago. I also donated $100.

 

I urge all my readers to do likewise.

 

We really need to become activists!

What Teachers Need To Do — or, rather, What Traitors Have Led the DC Teachers

I would like to commend Diane Ravitch on an excellent post on why teachers in Philadelphia need to organize and go on strike. She refers to a local Philly opinion piece: a  column that explains in detail why they should do that.

The big question then becomes HOW do you do that. Hopefully the Philly teachers have gotten rid of any corrupt, sellout union leaders like we’ve been plagued with here in DC. That’s what the teachers in Chicago had to do in order to organize the strike that took place there.

I say that concerning DC because, of our last two teacher union presidents of my local, WTULocal6,

(1) even though she sometimes talked a good game, Barbara Bullock confessed to stealing somewhere near five million dollars from US TEACHERS right from under our noses, partly by verbally abusing anybody who crossed her in any way. I saw her do it, and I’m sure she also browbeat Esther Hankerson, who was my colleague at Francis and at Deal JHS and was #2 in the WTU leadership under BB…  Bullock was only sentenced to a few years in jail, and is now free. I’d be surprised if even 10% of the stolen money was ever recovered.

Funny how embezzlers and corporate thieves get off easy, especially in comparison with those caught with certain drugs…. Think of the Enron thieves and Michael Milken (he’s out!) and then read the book by Michelle Alexander and you’ll see how the ‘War on Drugs’ is essentially acting like the Jim Crow laws (read “Slavery by Another Name”).

I regret now that,  like many others, I did not notice BB’s corruption, and I also regret not making a public, principled protest when I found how she was maneuvering not to have monthly membership meetings — ones that might have helped hold her to account. I sat on labor-management contract negotiation committees as a rank-and-file presence during the arduous process of hammering out a new contract between the Board of Education and Superintendent of schools (and their lawyers and the city council and mayor as well) on the one hand, and the Washington Teachers’ Union on the other, around 2000-1.

 

You may ask, how did I not notice she was stealing? Very simple: I don’t follow women’s fashion at all — I try my best not to look at my wife’s fashion magazines (except for some of the really cute models, to be honest) and don’t pay any attention to labels. I get my clothes from Costco, Filene’s, sales, discount catalogs like Sierra Trading Post, and whatever my family members get me. The other two teachers and I were by far the worst-drerssed people in the rooms whenever we had negotiations — you know that all of the lawyers and bureaucrats negotiating for the Board of Ed (few of whom had ever taught) were dressed to the nines every single day. Personally, I just thought that Bullock wore really ugly, loose-fitting clothes because she was overweight; I also just thought she really liked her to-me-unfashionable long wispy hair and pocketbooks that looked funny to me, too.

 

Later on, after BB was convicted and went to jail, I ran into the other two rank-and-file classroom teachers who were on the negotiating team with me that year and asked them if they had any inkling of the monies that BB was stealing. We all had the same reaction. None of us any idea that all that ugly stuff was worth all that money. Stupid me, I had no idea she had not one but many, many expensive, wigs — all of them ugly (in our opinions). I saw a whole bunch of white-elephant figurines on her desk once, and made a comment that those looked like Republican symbols. Apparently that’s her college sorority’s symbol. (Why does anybody need dozens of them, all different?)

But that’s apparently what she and her crony Henderson spent their ill-gotten cash on, that they stole from me and my colleagues: kitchy tchotchkes.

 

We definitely agreed that she was an amazingly good negotiator. But despite that, Barbara Bullock’s betrayal make all teachers look stupid and criminal.

In my opinion, the fact that BB and her closest associates were so publicly corrupt, (convictions and confessions, not just allegations, remember) had a HUGE negative effect, nationally.

That betrayal demoralized teachers and friends of labor everywhere. It also emboldened the billionaires, Wall Street crooks like Milken, the Koch Brothers, Joel Klein, Bill Gates, the Amway family, hedge-fund traders,  right-wingers and religious fundies and assorted eduShysters who want to divert funding for public education for the poor into their own bank accounts, even though they say the exact opposite.

It’s the results that count.

Their first attack is on the teachers, and boy have they been busy at it for the past 6-7 years. And you know something — the same group of edudeformers are the same group that invented the PLATINUM parachute for themselves and the sub-minimum-wage job with no benefits, difficult-to-impossible transportation at crazy hours, no job security at all, and the balloon mortgage on your house that you put all your savings into. They are also the ones that brought you the fact that after all those years in college and/or grad school, you’re still an unpaid intern working part-time at a bunch of demeaning jobs, and you can’t pay off all those student loans, and if you declare bankruptcy, the one debt you can NEVER write off even a portion of, is your student loan. Even though it those loans were often supposedly guaranteed by the gummint. (You didn’t read all the fine print! ) And brought us banks that failed and economies that have huge fractions of unemployed, all around the world. While the One-tenth of one percent is more wealthy than any ruling class any time, any where, in history.

In places like Pakistan and other third-world countries, workers are  burned alive or otherwise killed. Here in the US, more and more workers long for the good old days when they only had to work 40 hours a week, had health and other benefits, paid vacations, a decent, fully-funded pension plan, and the right to have elections for their own union representation who could speak for them if case they had a disagreement with their boss. For many of us, those things, like the weekend, are things of the past. If you only want to work 40 hours a week and expect overtime for anything more than that, you’re a ‘moocher’. If you want a guaranteed pension and a freely-elected local union and paid health care, you’re a “lazy union thug”.

But if you are a billionaire who never worked a day of actual hard labor in your life, who simply managed to find all the loopholes to squeeze large amounts of money from every working person out there because you run a near-monopoly or have figured out how to disassemble companies and fire workers and dispossess homeowners to rake obscene profits, well, then you’re an outstanding visionary. Who can tell the teachers what to do, in detail.

 (2) And then remember her successor, George Parker? Once he lost the following local union election, he literally went over to the enemy!

Just think of it–the person who during election campaigns claimed that he would defend the interests of teachers, students and parents, actually went to work for Michelle Rhee’s astroturf-funded organization, RheeFirst. Sorry, “Students First”, which is doing everything it can to break teacher unions, degrade teaching into a part-time, non-professional job in every low-income public school whose sole responsibility is to read from a script, give out and collect standardized tests every single week that were written by other low-paid temps, and — don’t forget — work miracles on a 95-hour workweek with no benefits. Yeah, our past union president went to work for arguably the most anti-public-sector “Edu-DEform” organization out there – funded by the worst of the worst billionaires.

 When the last contract came up for a vote, it was very difficult for teachers to see how much it differed from previous contracts. In the past, we got to see the old contract printed with the parts that were changing being very carefully annotated, which is as it should be. Contract language that was being retained would be in an ordinary font. Sentences, words, letters and paragraphs that were being deleted were written like this with crossouts. New contract language was in bold-face.

However, this time, none of that clarity. Teachers got a copy of the new contract, and only someone who had as much undivided time as a lawyer could possibly go over the two contracts line by line to see what we teachers had given up. Time, of course, is one of the things that a teacher does NOT have.  Even I, a retired teacher, didn’t have time to analyze the changes in the short amount of time we had.

This last WTU-DCPS contract, which for the first time brought in special, poisoned bonuses that were paid for by some billionaires for just a couple of years, at the same time that the schools were imiplementing – without any field testing whatsoevber – a radically new evaluation system largely based on mindless following of a single teaching model and a random-number generator called “Value Addicted”, was a real game-changer all over the nation.

Apparently Randi Weingarten, the head of the American Federation of Teachers, and George Parker colluded on this contract — and it really sucks. It was a real step backwards for the labor movement.

Benedict Arnold, traitor to the new American republic >200 years ago, George Parker, traitor to teachers much more recently.

 Philly teachers, I hope you are successful in organizing. Be aware that there are many, many folks all over the country who do not believe the stories being peddled by the billionaires and their paid mouthpieces like Michelle Rhee. If you organize well, you can win.

Good luck and timing wouldn’t hurt, either. I wish you the best.

 

Who are the Edu-DEformers?

Mercedes Schneider has done an admirable jobs of sleuthing out the Edu-DEformista leadership of a group called the National Council on Teacher Quality. This link takes you to part XIII (or 13) of MKS’ perusal of the NCTQ board, but she is up to part XVI (16) as of this writing.

Also don’t miss the exposes of  ‘Jersey Jazzman’ .

The NCTQ board is mostly made up of people who have never taught in a classroom a single day in their life but who are ‘bold’ reformers –often hedge-fund gamblers – committed to data and measurement and DEforming public education (which they neither attended or worked in).

There are a few others who are more akin to the five-week wonder, Teach-For-Awhile teacher with a grand total of TWO years of classroom experience (at which she most likely was a dismal failure) and an expired teaching license, who is now in charge of all of teacher training for the entire state of Louisiana.

Lastly, let me point people in the direction of Diane Ravitch’s blog. She is doing a tremendous job, in my humble opinion, despite the fact that she is obviously deluding in thinking that I’m doing a more than adequate job at exposing venality and hypocrisy in US education.

Diane Ravitch: A List of Good News on Education for 2012

Here is a link to Diane Ravitch’s collection of good news on the education front for the year that just ended:

http://dianeravitch.net/2013/01/01/a-good-year-for-supporters-of-public-education/

However, the news wasn’t all good, as you may remember. Not only did the bad guys win a few elections, but an insane gun nut stole his mother’s guns and committed mass murder of young students and their teachers and principal in Newtown, CT not three weeks ago. To which, as I predicted, uber gun-nut Wayne LaPierre called for even more guns in schools.

Published in: on January 1, 2013 at 11:11 am  Leave a Comment  
Tags: , ,

If the tests by which all of education is to be measured by are garbage, then so are the results

On this blog I have reprinted examples of what I see are crappy test items and dissected them, hoping to show readers that those items neither made sense nor measured what they are purported to measure.

However, I never worked inside the testing industry itself, so I don’t have direct experience of making up BS test items on an industrial scale.* My own experience, however, is that EVERY test — no matter how good — has validity and reliability problems. This passage shows that the tests on which all US educational decisions are supposed to be based are, in fact, ridiculously badly made from the beginning, and cannot possibly measure what they pretend to measure, are unreliable, and thus utterly invalid.  (Plus the tests are snatching at least potentially valuable class time away from our students, while enabling a handful of big corporations like Pearson (more on which below) are raking in huge dividends because they control almost the entire education market.)

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This comes from an interview published by Diane Ravitch ( http://dianeravitch.net/2012/12/27/11990/ )

Rebecca Rubenstein: Since your book was published in 2009, has the “standardized” testing industry improved?

Todd Farley: Not the slightest bit. There was a story in The New York Times in 2001 about how test-scoring was a wildly out-of-control industry, which quotes various employees—not me!—as saying that they faced “too little time, too much to do, not enough people.” It implies the industry was doing a terribly suspect job. Since then, the industry is about a hundred times bigger, but those problems mentioned in the Times article or in my book have never been addressed. The industry has simply grown exponentially, and there are hundreds of millions of dollars to be earned by companies that are completely unregulated—to repeat, completely unregulated, so whatever Pearson et. al. tell us, we’re supposed to say “thank you very much” and just write them a staggeringly large check—but of course things haven’t gotten any better.

In my time in test-scoring, we never had enough temporary employees to do the work; we always had too much to do and too little time to do it; and there were always financial punishments looming over our heads if we didn’t get things done. We cut whatever corners we could to get it done (I’m sorry to say). Today the work load is a hundred times bigger and the money to be made is a hundred times bigger, but the system didn’t work to begin with and of course it doesn’t work now.

The same is true in the test development business. When I worked for one publisher as a test developer, it was always a madcap race to get tests written on time, and we faced absurd deadlines and pressure to do so. The reality is that quality was always secondary to the bottom line when developing tests, and then when the Common Core standards were introduced, and tests and products needed to be written for them, our deadlines became laughably absurd; I was once involved in the development of 200 tests in two months, which I think is literally more tests than ETS has produced in its entire existence. With the Common Core standards released, all the companies knew all the other companies were racing to finish their tests and products first, so quality became even worse than secondary. It became tertiary, or “fourthiary,” or whatever. Subcontractors who had been fired for poor work were rehired; item writers were hired off Craigslist; test developers with neither teaching experience nor test development experience were given full-time jobs. It’s important to remember that at the end of the day, companies like Pearson are for-profit enterprises. They want to make money. They want to make money, so of course they do a crappy job, because the quality of the work is never anywhere near as important as their desire to make a profit, and there’s always too much work and too little time to do it.

continue reading …

A comment: I was at first skeptical of the “200 tests” mentioned being more that the ETS has created in its entire existence. But I think he may be right: The SAT is essentially one, or two, or three tests, depending on how you look at it; it just gets revised a little bit each year. Reading, Math, and Writing. Plus, there perhaps a couple of score different Advanced Placement (AP) tests and Achievement tests in different subjects; they get revised every year, at least they do in the field of math (which I follow, of course) and others.

But what Pearson is doing now is essentially trying to replace the teacher in every single grade level, for every single course, by making the entire curriculum driven by the tests and pre-tests and practice tests and test prep material provided by them.  Yes, I do mean all of third grade. Yes, I do mean 6th grade science, music appreciation, and geography and PE. Every class. And if you count every single course or subject area that a student might be measured by from Pre-K-3 all the way up to graduating from high school, that might in fact be roughly 200 brand-new test series! Not just end-of-course tests, by no means. A different corporate multiple-choice test every month or two!

All this corporate educa-crap is just that: crap forced down the throat of public school kids and ONLY kids in public schools.

And it won’t improve a damned thing. Except for corporate bottom lines.

Of course the children or grandchildren of Michelle Rhee, Michael Bloomberg, Arne Duncan, Eli Broad, Bill Gates, the Koch brothers, and Barack Obama will never, ever be subjected to such a poor excuse for an education.

Oh, no.

That’s just for the poor black and latino and white kids who are in high-poverty regions; the only way they can opt out is to go to a charter school which might be doing any damned thing and is almost sure to be even more segregated than the nearest public school, if that’s even possible.

This is progress?

====================

* My students and I often found mistakes on tests and quizzes and assignments I made up. I used to congratulate the student and give him/her/them a point when they pointed out an error. ETS and Pearson’s responses have been rather different. Remember the famous talking pineapple question? And do you recall that essentially no-one has ever been able to explain, line by line, number by number, exactly how ANY single teacher’s VAM numbers were calculated? Has any school district ever released data showing how well VAM and supposedly ‘scientific’ classroom observation data correlate with each other? (Hint: they don’t!!)

Once again, let me urge the leadership of the Washington Teachers’ Union, and teacher unions elsewhere, to enlist a good statistician with his/her feet on the ground, and poke holes in VAM. It’s all a tissue of fabrications.

A Few of Diane Ravitch’s Contributions

This is from Richard Hake, who apparently is paraphrasing what David Denby at <http://nyr.kr/RPfOkF> wrote (paraphrasing; supplemented by references to Ravitch’s critiques in “The New York Review of Books”:

Diane Ravitch has emerged as one of the leading opponents of the education-reform movement. She has:

1. Written a series of scathing rebuttals of reform measures in “The New York Review of Books”:
a. “The Myth of Charter Schools” <http://bit.ly/h0Lx8Q&gt;;
b. “School ‘Reform’: A Failing Grade”<http://bit.ly/TclFCY&gt;;
c. “Schools We Can Envy” <http://bit.ly/QqtdTi&gt;;
d. “How, and How Not, to Improve the Schools” <http://bit.ly/RPBDAO&gt;;
e.  “Do Our Public Schools Threaten National Security?” <http://bit.ly/10hxmth&gt;;
f. “In Mitt Romney’s Schoolroom” <http://bit.ly/TcmHxS&gt;; and
g. “Two Visions for Chicago’s Schools” <http://bit.ly/SKjkeA&gt;.

2.  Written some two thousand posts on a blog <http://dianeravitch.net/ > she started in April, which has received almost a million and a half page views.

3. Published “The Death and Life of the Great American School System: How Testing and Choice Are Undermining Education”[Ravitch (2010a)] at <http://amzn.to/pAjeZU&gt;.

4. Barnstormed across the country giving speeches berating the reform movement, which, in addition to test-based “accountability,” also supports school choice and charter schools (public institutions that often receive substantial private funding and are free from many regulations, such as hiring union teachers in states that require it), and which she calls a “privatization” movement. The reform movement has the support of President Obama and his Education Secretary, Arne Duncan; it is also championed by the Republican Party; by many governors, mayors, and schools chancellors; and by a variety of wealthy entrepreneurs and fund managers, including Bill Gates, Mark Zuckerberg, and Whitney Tilson. It has changed educational thinking in states such as Florida, Wisconsin, and Louisiana, and in cities such as Washington, D.C., New York, Los Angeles, and Chicago.

5. Argued that the reform movement is driven by an exaggerated negative critique of the schools, and that it is mistakenly imposing a free-market ethos of competition on an institution that, if it is to function well, requires cooperation, sharing, and mentoring.

Published in: on November 20, 2012 at 2:19 pm  Comments (2)  
Tags: , , ,

Diane Ravitch Addresses the NCTM, Makes Most of the Points I’ve Been Making

Here is the text of her speech:

“WILL CURRENT SCHOOL REFORMS IMPROVE EDUCATION?”

By

DIANE RAVITCH

 

New York University

 [SEE Dr. Ravitch’s website at http://www.dianeravitch.com/]

 

OPENING SESSION OF THE ANNUAL MEETING OF THE NATIONAL COUNCIL OF TEACHERS OF MATHEMATICS [NCTM]

PHILADELPHIA, PA

APRIL 25, 2012

I am very happy to speak to you today. I have been an admirer of NCTM for twenty years, ever since you took the lead in shaping professional standards for the teaching of mathematics. What was notable about your efforts then and since is that you recognize the importance of putting practitioners in charge. You recognize that those who teach the subject are the greatest experts in determining what is needed to teach it better and what is needed to kindle students’ motivation.

 

Today, students in fourth and eighth grades are learning more mathematics than they were twenty years ago, according to the National Assessment of Educational Progress. NCTM can take pride in that accomplishment.

 

As a member of the NAEP governing board for seven years, I was always astonished by how demanding the math tests are. Whenever I hear politicians or pundits criticizing American students and teachers, I would like to invite them to take the tests themselves. And be sure to publish the results.

 

I am not a mathematician – I am a historian. One thing our fields have in common is that we believe in evidence. We may speculate, we may theorize, we may even make predictions, but ultimately we must present the evidence. We believe that facts matter. As my math teachers always said, “Getting the right answer is important, but not nearly as important as showing how you got there. Show me your work.”

 

American education is now at a critical juncture. We have a full-blown and powerful reform movement that offers solutions without any evidence. Schools across the nation are adopting remedies that are not only unproven but in some cases have been tried and failed.

 

As a historian of American education, my specialty is writing about the rise and fall of education reforms and fads. Over the twentieth century, reform movements came and went with frequency. By contrast to the many reforms of the past century, the current reform movement is unusual because it did not start with educators. Its leaders are entrepreneurs, economists, foundation leaders, think tank commentators, journalists, and people from the high-tech sector, the big corporations, and Wall Street.

 

I prefer to call it the corporate reform movement because it uses the language of corporate America. It relies on a strategy of competition, choice, testing, and accountability. It believes that teachers must be incentivized with rewards and punishments tied to test scores. It views test scores as profits and losses. It seeks a return on investment in the form of higher test scores. It believes that schools with low scores should be closed in the same way that a chain store would be closed and reopened with a new name. It likes the idea of firing staff that don’t get higher scores. And, of course, it assumes unquestioningly that standardized tests are reliable, valid, infallible measures of not only student performance, but teacher quality and school quality.

 

The corporate reform movement has developed a narrative that is compelling. The media repeats it again and again. They say that American public education is failing.

 

They say that dropout rates are at a crisis point. They say that our international test scores are a national embarrassment. They blame this dire situation on bad teachers and on public education itself. They propose to replace the current system with consumer choice, including privately managed charter schools, whether managed by non-profits or for-profits. Some corporate reformers advocate vouchers, so that students can leave public schools and enroll in private and religious schools with public dollars. They promote for-profit virtual charter schools, which allow students to take their lessons at home on a computer. Providing choice and competition, they argue, will spur innovation. They endorse the idea that teachers should be evaluated by test scores of their students. They recommend incentives and sanctions. They favor merit pay based on test scores. When schools have low test scores they advocate firing the staff and closing the school.

 

Their ideas are now the basis of federal education policy. Their ideas are moving forward like a juggernaut, pushed by bipartisan support and billions of public and private dollars. Many public schools in low-income, high-minority districts like Philadelphia, St. Louis, Kansas City, Detroit, Indianapolis, the District of Columbia, and others are being handed over to private control, in keeping with the ideology of corporate reform. Free of government regulation, free of democratic governance, the reformers claim, the free market will accomplish miracles.

In assessing the corporate reform movement, what matters most is evidence, and up to this point, evidence is sorely missing for the reforms it advocates.

 

The two mainstays of the corporate reform movement are the federal law No Child Left Behind and the federal program Race to the Top. When introduced, both were presented as the great levers of school reform. NCLB has been federal policy for a full decade. I think of Race to the Top as NCLB 2.0, because it too relies on test-based accountability and on carrots and sticks to get ever-higher test scores.

 

Consider the origin of NCLB. When Governor George W. Bush ran for president, he said that there had been a “Texas miracle.” He said that the strategy for improving schools was straightforward. Test every child every year; publish the results; reward those that improved; embarrass those that did not improve. Over time, he said, test scores would go up, the dropout rate would go down, and the graduation rate would improve. It was a good story, and Congress bought it. Overwhelming majorities passed NCLB in 2001, and it was signed into law in January 2002.

 

But now we know. The law refers to “evidence-based” strategies, but the law itself was not evidence-based. There was no Texas miracle. On NAEP assessments, Texas—like other states–has shown improvement, but it is not a national leader. It is not a model for the nation. In fact, Texas State Commissioner of Education Robert Scott recently complained that standardized testing had spun out of control; he said it had gotten to be the “be-all and end-all” of education. He said it had become what he called “the heart of the vampire,” and that it was growing because of a “military-industrial complex” that was all about making money, not doing what was right for students or education. In the past few weeks, about 400 of the 1,000 school boards in Texas have passed resolutions against high-stakes testing, and the number is growing.

 

But now the whole nation is stuck with NCLB, and the children who were left behind in 2002 are still left behind.

 

NCLB set an impossible target. It requires that all students must reach proficiency on state tests by the year 2014. No state will meet that goal. No nation in the world has ever achieved 100% proficiency.

 

In trying to reach the target, states and districts are spending billions of dollars on tests and interim assessments and test prep materials; schools have narrowed their curriculum; some have reduced or eliminated the arts or physical education, history and foreign languages; teachers are teaching to standardized tests; college professors complain that their students don’t know how to read or think critically, they want to know what will be on the test.

 

As we get closer to 2014, the consequences of setting an unrealistic goal have been harsh indeed. More than half the public schools in the nation have been labeled failing schools because they haven’t made adequate yearly progress. Schools that repeatedly slip off track are subject to an escalating series of sanctions, ending in firing the staff and closing the school or handing it over to a charter operator. In Massachusetts, the highest performing state in the nation, 80% of the schools are failing schools. In Illinois, New Trier High School failed to make adequate yearly progress this year, because special education students didn’t improve enough. New Trier, the highest performing high school in the state of Illinois, is a failing school. If nothing changes, by 2014 nearly every school in the United States will be a failing school.

 

As the number of failing schools continues to grow every year, so too has the public perception that American education is a failed enterprise. Now we are seeing something that has never happened before in American history. Schools are being closed because of their test scores. Most of the schools that close enroll disproportionate numbers of children who are poor, who have disabilities, and who don’t speak English.

 

No Child Left Behind is the death star of American education, set to label almost every school a failure; Race to the Top is NCLB 2.0.

 

Race to the Top dangled $5 billion before cash-starved states to persuade them to expand the number of privately managed charter schools, to evaluate teachers by the test scores of their students, and to agree to fire principals and staff in the lowest performing schools. NCLB was all sticks and no carrots. Race to the Top is a combination of sticks and carrots. Carrots and sticks are for donkeys, not professionals.

 

But let’s look at what we know so far.

 

The record on charter schools is mixed. According to the pro-charter advocacy group, Center for Education Reform, there are nearly 6,000 charter schools enrolling close to two million students; the number is rising fast because of Race to the Top. There have been many studies of charter schools. By their nature, charters vary widely. Some get high scores, some get low scores. On average, however, charters do not get different results than regular public schools. The most widely cited national study was conducted by economists at Stanford University in 2009 and funded by the pro-charter Walton Family Foundation. It found that students in 17% of charters got higher test scores than those in a matched traditional public school; 37% got worse scores; and in 46%, the scores were no different. In most studies, the typical finding is “no difference.”

 

Some charters get higher test scores by excluding students with special needs or limiting the enrollment of English language learners. Some have very strict discipline policies and suspend or expel students who are troublemakers. Some of the most highly praised charters are known as “no-excuses” schools because of their tough discipline policies. Their ability to remove difficult students maintains order, safety, high scores, and also peer effects—the good result of being surrounded by other well-behaved students. Meanwhile, the public schools cannot refuse those who are rejected or expelled by the charters.

 

New Orleans is often held up by charter advocates as definitive proof that a charter district will get great results. Hurricane Katrina wiped out the public schools of New Orleans. The public schools were replaced by a system in which 70% of the students are enrolled in charters. It is impossible to compare pre-Katrina’s public schools to post-Katrina’s charter schools because a large number of students left New Orleans and never returned. But even without undisputed longitudinal data, this much is clear: New Orleans ranks 71st out of 72 districts on Louisiana state tests. It is a very low-performing district in a very low-performing state. And the New Orleans charter district has the benefit of many millions of dollars poured into the charters of New Orleans by foundations and charters that want to prove the superiority of charters.

 

Aside from New Orleans, the funding for charters inevitably comes right out of the budget for public school districts. The public schools have fixed costs that don’t go down when students leave. Consequently, public schools in some districts are in deep financial distress. A decade ago the public schools of Inglewood, California, were hailed, in the national media and by President George W. Bush, as a great success story, a high-performing district of low-income students. Now the Inglewood district is on the verge of a state takeover and close to bankruptcy; it lost 1/3 of its students to charter schools. Teaching staff has shrunk. In the regular public schools, class sizes are between 40 and 50. The future of public education in the district is in doubt. No wonder parents are bailing out.

 

The public school district of Chester-Upland, here in Pennsylvania, is out of money. The district collects $13,500 for each special education student but must pay the local charter school nearly $24,000 for each special education student it enrolls. The survival of the district is up in the air, especially since the Governor is hostile to public schools and has thus far refused to save the district. In Upper Darby in Pennsylvania, the superintendent has proposed cuts to the arts, physical education, and library services to make up for the state funds diverted to nearby charter schools.

 

Typically, charter schools enroll a very small proportion of students. In New York City, they enroll 3%. In California, they enroll 5%. What sense does it make to jeopardize the education of 95% of public school students so that charters can open for the other 5%? What exactly is the federal government trying to prove? In New York City, many charters have wealthy hedge fund managers on their board who supplement public spending with extra funding so that they have smaller classes, the latest technology, and small classes. Even when charters are sponsored by a billionaire hedge-fund manager, they insist on getting free public space or sharing a building with a public school with less resources.

 

How does this competition improve public schools? To the extent that charters exclude the students who are likely to get low scores, the public schools will enroll disproportionate numbers of those students, making comparisons unfair.

 

The worst of the current corporate reforms are the online charter schools, also known as virtual academies. The largest of them are for-profit corporations. They hire lobbyists to get favorable state legislation, and then locate their headquarters in the poorest district in the state so as to get the maximum state payment for each student. They spend millions to recruit students. The students sit at home in front of a computer with their parent as their learning coach. Their virtual teachers are mostly recent college graduates who monitor 100 or more computer screens. According to investigations by the New York Times and the Washington Post, the online academies get abysmal results. They have a high attrition rate: Typically 50% of the students drop out in their first year, returning to the district public school but leaving the state’s tuition with the corporation. Studies in Ohio, Pennsylvania, and Colorado have reported that students in the virtual academies have low test scores and low graduation rates. The Colorado Virtual Academy has a graduation rate of 12%, compared to a statewide graduation rate of 78%. But the schools are very profitable. The CEO of K12, the largest of them, was paid $5 million last year. CEO was founded by former junk bond king Michael Milken and former Secretary of Education Bill Bennett. It trades on the New York Stock Exchange.

 

An organization of conservative state legislators called the American Legislative Exchange Council – or ALEC – has drafted and circulated model laws to promote virtual academies. Nearly 2,000 state legislators belong to ALEC. The co-chair of its Education Task Force is an executive of Connections Academy, another large for-profit virtual charter chains. ALEC promotes legislation to advance privatization in all its forms, not only online virtual academies, but charter schools and vouchers. And of course, ALEC has drafted model laws to roll back collective bargaining, teacher tenure, and test-based evaluation of teachers.

 

Then comes the issue of vouchers. Two states—Indiana and Louisiana–have recently adopted sweeping voucher legislation, and Wisconsin expanded its voucher program. The best evidence we have for the efficacy of vouchers comes from Milwaukee, which has had a voucher program for low-income students since 1990. Twenty-one years is a good long demonstration of vouchers. Advocates say that vouchers enable poor students to escape failing schools. But studies have found little difference between the academic results of voucher schools and public schools. On the last round of state tests, the scores of low-income students in vouchers schools were no different from the scores of low-income students in Milwaukee’s public schools. On the 2011 NAEP for urban districts, Milwaukee was one of the lowest scoring districts in the nation. The other two districts that have vouchers—Cleveland and the District of Columbia—are also at the bottom nationally on NAEP tests of reading and math. And, despite much boasting about test score gains in the District of Columbia, DC has the largest black-white achievement gap in the nation. The gap between black and white students in DC is more than double the gap found in other urban districts by NAEP.

 

On merit pay, the evidence is not mixed, it is clear. Merit pay has been tried again and again since the 1920s. It has never been successful. Economists at the National Center for Performance Incentives at Vanderbilt University determined to conduct a rigorous study of merit pay, starting in 2007. They wondered if the reason merit pay had always failed in the past was that the bonus wasn’t big enough. So they offered a bonus of $15,000 to an experimental group of teachers and compared them to a control group. At the end of three years, the economists could find no difference between the two groups. But later that same week, the U.S. Department of Education released $500 million for experiments in performance pay, with another $500 million to be added later. Evidence doesn’t matter.

 

As it happened, in 2007, Mayor Bloomberg in New York City launched a merit pay plan. After a negotiation with the teachers’ union, he established a school-wide plan, so the entire school would share a bonus if scores went up. A committee at each school would decide how to divvy up the money. The program was ended in 2010 after the RAND Corporation concluded it made no difference. So just a few months ago, Mayor Bloomberg announced that he would create a new merit pay program, and this one would be based on the same one that failed in Nashville.

 

Only six weeks ago, Mathematica Policy Research released a four-year study of merit pay in Chicago. It found that merit pay may have increased teacher retention rates, but made no difference in student achievement. Merit pay has an unbroken string of failures, but no one seems to care.

 

The Common Core State Standards are a centerpiece of the current push for school reform. There is no evidence about their efficacy, because they have never been implemented anywhere. They may be good, they may be bad, who knows? They may make a difference, they may make no difference. How can one judge an initiative without field trials? Would the FDA release a new drug without field trials? When I worked on history standards in California many years ago, we had an iterative process. Teachers implemented the standards and told us what was working and what wasn’t working. We learned from teachers that some material was placed in the wrong grades; some grades had too much coverage; some was too hard, and some was too easy. We made changes. Standards must evolve to remain relevant and valuable. The Common Core State Standards will be tried out simultaneously in 45 states. Someday we will have evidence to know whether they made a difference, but no such evidence exists today.

 

The corporate reform movement has strongly advocated the idea that teachers should be evaluated by the test scores of their students. Race to the Top pushed this idea, and many states have written new laws to impose it. Typically, 40-50% of a teacher’s evaluation will depend on whether their students get higher or lower test scores. Where did that number — 40-50%– come from? No one knows. Certainly the legislators in Florida and Tennessee and other states had no evidence for choosing this number. It must have come out of someone’s hat. The now conventional claim that students will learn more if their test scores are used to determine whether their teacher gets fired or promoted has very little — if any — evidence to support it.

 

I know of no district or state that can show that its schools improved because it uses value-added assessment to measure teacher quality. Linda Darling-Hammond of Stanford has studied and written about this process extensively, and she says that the teacher ratings tied to value-added assessments are inaccurate, unreliable and unstable. A teacher who is rated ineffective one year is likely to be effective the next year, and vice versa. She reports that Houston fired its Teacher of the Year. She says that those who teach special education students and English language learners are likely to get lower ratings.

 

In January, the New York City Department of Education took the bold step of releasing the ratings of thousands of teachers to the media, in response to a Freedom of Information lawsuit. Teachers in grades 4-8 were given a single number from 1-100. The Department warned that the margin of error was huge: 35 points in math, and 53 points in English Language Arts. A teacher of math rated at the 50th percentile might actually be at the 15th percentile or the 85th percentile, while a teacher of reading might be at the -3rd percentile or the +103rd percentile.

 

Rupert Murdoch’s New York Post published a story and a picture of a teacher identified as “the worst teacher in New York City.” Reporters camped outside her door, and she had to call the police to get them away. They went to her father’s home and said, “Do you know your daughter is the worst teacher in the city?” It turned out that the woman teaches English to new immigrant students who cycle in and out of her class all year. The scores were meaningless.

 

Gary Rubinstein, who teaches math at Stuyvesant High School, dug down into the ratings and determined that there was no correlation in the same teacher’s rating from year to year; that there was no correlation if the teacher taught the same subject in different grades; and that there was no correlation between a teacher who taught both reading and math. That raises the interesting question of whether the same teacher might get a bonus in one subject and fired in the other.

 

In 2010, the Los Angeles Times blazed a new trail in creating value-added ratings and publishing them for all to see. At the time, many researchers — including prominent economists who support value-added assessment — criticized the public release of the ratings. They asked how a teacher could be expected to improve if there was no confidentiality in their conversation with their supervisor. But the Los Angeles Times was proud of what it had done.

 

The best commentary about the misuse of value-added assessment — and the public release of these ratings — came from mathematician John Ewing, who is now president of Math for America. Ewing described value-added modeling as “mathematical intimidation,” where data are employed to create an appearance of objectivity where none exists. He wrote, “Most of those promoting value-added modeling are ill-equipped to judge either its effectiveness or its limitations. Some of those who are equipped make extravagant claims without much detail, reassuring us that someone has checked into our concerns and we shouldn’t worry. Value-added modeling is promoted because it has the right pedigree — because it is based on ‘sophisticated mathematics.’ As a consequence, mathematics that ought to be used to illuminate ends up being used to intimidate. When that happens, mathematicians have a responsibility to speak out.”

 

The newspaper, said Ewing, gave the customary caution that teachers should be judged by multiple measures, but its own ratings relied only on standardized test scores. The reporters concluded that experience, education and training had nothing to do with a teacher’s ability to raise test scores. The Times identified an elementary school teacher who was National Board Certified, had written a textbook and had glowing reviews from her principal. Based on the Times methodology, she was identified in print as a bad teacher. When the reporters confronted her, she asked them what she could do to improve. Ewing described this shameful encounter between the journalists and a teacher as reminiscent of the browbeating that occurred during the Chinese Cultural Revolution.

 

Certainly teachers should be evaluated, but there is no evidence that changes in student test scores are an appropriate measure of teacher quality, and there is quite a growing body of evidence saying that value-added modeling is fraught with complications and problems. How a teacher performs in the classroom is best determined by other professionals and not by test scores and not by legislators and politicians. The best evaluation systems involve an experienced principal and experienced peer reviewers, like the one now in use in Montgomery County, Maryland. Non-educators look for a simple metric, but there is no simple metric to gauge teacher quality. As any test expert will tell you, tests should be used only for the purpose for which they were designed. A test of fifth grade reading measures whether students are reading at a fifth grade reading level, not teacher quality.

 

The main result of the corporate reform movement, of No Child Left Behind, and Race to the Top seems to be the massive demoralization of teachers. The Metlife Survey of the American Teachers, released a few weeks ago, found a dramatic decline in teachers’ job satisfaction since 2009, from 59% to 44%. It also reported that nearly a third of teachers say they are thinking of quitting. This would be a disaster.

 

It is not just the particulars of the corporate reform movement that are shaky. The basic premise of the corporate reform movement — the claim that American education is declining and in crisis — is factually wrong.

 

Do schools need to improve? Of course they do, but the crisis narrative is exaggerated.

 

The latest federal data for dropouts — fall 2011 — show that graduation rates for people between the ages of 18 and 24 are at the highest point since they were first recorded in 1972, for whites, blacks, and Hispanics, for low-income, middle-income and high-income groups. Surely they should be higher than they are now, but they are not declining and they are not at a crisis point. We won’t raise them by adding more tests and making school less engaging but by giving students the experiences and tools that encourage them to stay in school and receive a diploma.

 

What about those terrible international test scores? We are only in the middle; shouldn’t we be number one? We have not declined from first place; we were never in first place.

 

When the first tests were administered in the mid-1960s, twelve nations participated; we came in twelfth out of twelve, dead last. Over the past 50 years, we have typically scored in the bottom quartile or no better than average. Yet, somehow our nation grew and prospered and became the largest economy on the earth. Maybe those scores are not predictors of our economic future.

 

But there’s another point to consider. The latest international assessment, the Program on International Student Assessment or PISA was released in December 2010. It showed that American schools where less than 10% of the students are poor were first in the world, with scores higher than those of Finland, South Korea, and Japan. In American schools where 25% of the students are poor, scores were equal to those of the highest performing nations. As the proportion of poor students rises, the test scores fall. If we reduced poverty, we would see scores rise across the board.

 

Last year, I wrote an article in the New York Times about politicians who made claims about “miracle schools.” They pointed to schools that had seen truly incredible gains in test scores in only a year or two and to schools where, they said, despite abject poverty, nearly 100% of the students graduated and went to college. One school in an impoverished neighborhood in New York City saw its proficiency rate jump from 34% in one year to 83% the next year. In other schools, the transformation occurred by firing the principal, replacing the staff, and starting over. When you do this, said the politicians, scores go through the roof, and nearly every single graduate is accepted into college.

 

The subtext of these claims was that it wasn’t necessary to do anything about poverty because the right kind of school could overcome poverty.

 

I enlisted two allies — Gary Rubinstein, the brilliant high school math teacher I cited earlier and Noel Hammatt, a researcher in Louisiana, to analyze the miracle schools. We learned that the remarkably high graduation rates were the result of high attrition rates, and that students were graduating from miracle schools with remarkably low scores on state tests. In one miracle school in Chicago, the students’ test scores were lower than those of the average Chicago public school. The school whose scores had jumped by 49 points in one year saw an equally steep decline in their test scores in the next few years. A Miami high school hailed as a successful turnaround in 2010 was targeted for closure in 2011 because it had consistently failed to make AYP.

 

Why do politicians play these games? In part, they do it to prove that there are simple answers to hard questions. They do it to prove that whatever their policy is, it’s working, even if they don’t know why and even if it is not true. I guess they think no one will notice and the press won’t ask probing questions.

 

A 49-point jump in test scores should be grounds for skepticism, not celebration. And no one has yet explained the magic that happens simply by firing everyone in a school and starting over. And no one, to my knowledge, has yet found a school where 95% of the students are poor, yet 95% graduate and 90% who graduate go to college. To think that schools can cure all the ills of society defies not only evidence but the experience of other nations that have gone to great lengths to make sure that all children are healthy and well-nourished.

 

Of course, schools provide a route out of poverty, but they are not all by themselves an anti-poverty program. The great sociologist W.E.B. DuBois said in 1935 that schools can teach necessary academic skills but they cannot create jobs or furnish homes or cure the ills of society.

 

There is something to be said for evidence. One piece of missing evidence in current school reform efforts is the major study produced a year ago by a 17-member panel of social scientists assembled by the National Research Council. The study was called “Incentives and Test-Based Accountability.” It concluded that tying bonuses and punishments to test scores is a failed strategy. It said that this approach leads to score inflation, gaming the system and teaching to the test. Our policymakers have chosen to ignore the findings of this distinguished panel of social scientists.

 

So, I conclude with a simple plea: We need evidence-based decision-making and evidence-based policy. We must be guided by knowledge, not by ideology. We must recognize what schools can do and must do, and what social policy must accomplish. We must seek to improve our schools in ways that support the work of educators and avoid policies intended to frighten them into compliance.

 

I see four straightforward lessons as I review the research about educational change:

 

First, the most successful nations in the world, such as Finland, South Korea, and Japan, have built strong public school systems, not systems with large degrees of private management.

 

Second, the most successful nations in the world have diligently improved the education profession, by requiring that recruitment into teaching is rigorous, that preparation to teach is intensive, and that support is available for those who are in the classroom. They have principals who are master teachers, and superintendents who are experienced educators.

 

Third, the most successful nations in the world take care to ensure that all students have a balanced and rich curriculum that include not only reading and mathematics, but the arts, history, civics, foreign languages, science, and physical education.

 

Fourth, the most successful nations in the world pay attention to the health and welfare of children, families and communities.

 

And so I call upon you as mathematicians to help your students think clearly. Help our politicians and policymakers analyze what works and what doesn’t work. Use your skills of analysis and logical thinking to change the narrative that is tearing down public education.

 

Write, blog, speak up, join with others to stop the assault on the public sector, on which 90% of our nation’s students depend. Stand up for professionalism, stand up for your students, and stand up for the future of public education.

Excellent series of questions by Diane Ravitch, entitled

Do Politicians Know Anything About Schools and Education? Anything?

An excerpt:

 ”Do you know of any high-performing nation in the world that got that way by privatizing public schools, closing those with low test scores, and firing teachers? The answer: none.”

http://www.readersupportednews.org/opinion2/299-190/9867-do-politicians-know-anything-about-schools-and-education-anything

Published in: on February 15, 2012 at 11:39 am  Leave a Comment  
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Excellent Article on Diane Ravitch in Washington City Paper

I would like to thank Lacai Raine for bringing this article to my attention. It discusses Diane Ravitch, who is one of the few prominent writers to take on Michelle Rhee and the current trend towards educational Deform that is funded by billionaires:

I’m not going to post the entire article, but it’s really worth reading. In fact, it’s much better than most WCP articles, which tend to be quite one-sided and snarky.

Published in: on June 24, 2011 at 5:12 am  Comments (5)  
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