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November 29, 2005
One Lawsuit Left Behind..
Tough week for the NEA - From the New York Times...
---editorial---
A Victory for Education
Published: November 29, 2005
A federal judge in Michigan took exactly the right action last week when he dismissed a transparent attempt by the National Education Association, the nation's largest teachers' union, to sabotage the No Child Left Behind education act. The ruling validates Congress's right to require the states to administer tests and improve students' performance in exchange for federal education aid. Unfortunately, it will not put an end to the ongoing campaign to undermine the law, which seeks to hold teachers and administrators more closely accountable for how their schools perform.
Another lawsuit, by Connecticut, is still pending. Moreover, the N.E.A. is likely to appeal the decision in its own suit in an effort to continue its campaign of vilification against the law. The No Child Left Behind program is the first in American history to require that states improve students' performance, and shrink the achievement gap between rich and poor students, in exchange for the billions of dollars they receive in federal aid.
The teachers' union tipped its hand when it argued in the lawsuit that its members were being stigmatized when the schools where they worked were found to be performing poorly under federal law. Why does it put so much emphasis on the teachers? What about the children whose lives are cast into permanent shadow when they have to attend dismal, nonperforming schools?
The N.E.A. and the local school districts that joined the suit claimed that the federal government had illegally required the states and localities to spend their own money on testing. While it seems clear that test development is one of the better-financed parts of the law, improving school systems nationwide will certainly require more time, effort and money than the country has yet invested. But that should not be an excuse for doing nothing.
---end NY Times Editorial---
Comments?
Tim
Comments
Hello:
I don't go as far as you do Arleigh in your belief that NCLB was designed to destroy public education. It has been in effect for a few years now and one can still get a pretty good education in public schools. California has committed to the feds that all our kids will reach 100% proficiency by 2013-14. I believe we can do this. We just need to start pushing even harder and sacrafices must be made. But, it can be done.
I do believe that more federal categorical funds are needed in the classroom to target at-risk youth in all socio-economic levels. I also believe as I said numerous times, the state-flex and local-flex block grants should be fully pursued by school districts as necessary seed money to come up with programs and projects to benefit local communities.
Question: If funding levels for implmentation of NCLB were much more robust would you support NCLB?
Is it the funding or the idea of attaching funding to standards and goals that you disagree with?
What is also interesting is NCLB was mainly opposed by state's rights proponents in the Presidents own party, particularly the far right wing. They thoroughly disagreed with the President's position and resented the fact that the party platform in the 2000 election removed language stating that the Department of Education should be elminated. They resent federal involvement in education at all.
What I think is strange is the democratic party have taken up the banner of the right wing arguing that the federal government should not have this much power in local schools. Yes, I understand the 10th amendment, but since schools deal with national textbook companies and inter-state commerce issues and deal with inter-state associations such as the NEA/CSEA/CTA/AFT the federal government can implement federal policy under the commerce clause of the constitution.
Essentially, if anyone is arguing for a sole interpretation of the 10th amendment to abolish NCLB, then they also must say that the National Labor Relations Act is a violation of states rights too. This is consistent. Once you say one is a violation of state and local control granted by the 10 amendment, than all national priorities cna be thrown out. I don't believe our founders believed that the 10th amendment should be the sole instrument in constitutional jurisprudence....
Arguing for the sole interpretation of 10th amendment also means that the National COPS program, which funds millions of cops a year throughout the country is against the constitution as is Medicaid, Medicare, and even social security. I think everyone here thinks those programs should still exist.
Is the crisis in education really a manufactured crisis as some have argued? I don't believe so. "A Nation at Risk" still holds some sway in my mind and the yearly comparisions to how below average we are when compared to other countries somewhat attests to that.
I think more can be done. Yes, we need more funding, but we also need more effective implementation of the educaiton process. And yes, poverty and the destruction of the family also plays a role in education or lack thereof.
The NEA supports testing as do I. California has had testing in place since 1998. Is it the testing components of NCLB that you oppose?
I'm just not sure why NCLB is being held up to such scorn. And, I am really not sure why democrats and unions are standing side by side with the "state's rights" wing of the republican party...
Scott
Posted by: Scott Blough at November 29, 2005 06:01 PM
Here is the big question. Do you think the Education Department paid off the NY Times the way they paid off the guy to spread propaganda on the radio about NCLB? If NCLB is really so good why did the Ed Department feel compelled to pay for propaganda? 275,000 dollars worth of taxpayer funds. I think NEA will win on appeal. Most experts said the Judge's ruling made no sense and I suspect he is a republican hack. Either way it is a loss for the children of America since NCLB was designed to destroy public education, not help it. What does NCLB do to address the underlying issues of poverty? Nothing! Read yesterdays editorial on NCLB in the L.A. Times.
Posted by: Arleigh Kidd at November 29, 2005 10:09 AM