WASHINGTON (NNPA) โ As Congress works toward a comprehensive education policy that will replace the Bush Administrationโs No Child Left Behind, two different bills from the House and Senate are up for consideration.
No Child Left Behind expired in 2007 โ the law was the last time the original Elementary and Secondary Education Act of 1965 (ESEA) was renewed.
If either of the current proposals is signed into law in their current states, it could spell difficulties for Black and Brown children, according to Secretary of Education Arne Duncan.
โI always say that education is the civil rights issue of our time,โ he said. โThe next question we as a nation should be asking is whether Black children, Latino childrenโฆchildren around the nation โ are they receiving the quality of education they need and deserve? And too often the honest answer is, not even close. There should be nothing political or ideological about this; this is about fighting for kidsโ educational opportunity.โ
Secretary Duncan believes that Congressโ resistance to federal oversight will weaken whatever law is passed. Neither the Houseโs Student Success Act (SSA) nor the Senateโs Every Child Achieves Act (ECAA) gives the Department of Education the authority to hold states accountable for educational outcomes, create national standards/mandates, or pass judgment on a stateโs education system.
Also, neither bill closes the ESEAโs โcomparability loopholeโ โ a loophole that allows states to skimp on state and local funding for needy schools, forcing them to rely heavily on federal Title I money. As a result, high-poverty schools remain under-resourced and saddled with underpaid, inexperienced teachers, because the state wonโt match the federal funds.
โEducation will always be a primarily a local issue, but [there is] a clear federal role here on several levels. First of all, taxpayersโฆare putting billions of dollars out to states every year for poor children, for English language learners, for children with special needs,โ Duncan said in an interview with the NNPA News Service. โAnd thereโs no real accountability. Transparency by itself doesnโt change a kidโs opportunities.โ
The similarities between the laws end there.
In general, the SSA seeks highly flexible public education by prohibiting almost all federal involvement, allowing states to create and rely on their own education plans instead. There are guidelines for what these plans must address, including a system to find and correct racial disparities, or deal with ineffective teachers. But the bill painstakingly avoids telling states how they should meet these guidelines.
A state can also create whatever curriculum it wants โ as long as it includes at least math, literacy, and science, and state tests to go along with the curriculum. States would also be largely responsible for holding themselves accountable for their own strategies and all studentsโ academic success. The Department of Education would only be responsible for reviewing the statesโ self-evaluations to make sure tax dollars arenโt misused. In that case, Secretary Duncan is only allowed to issue recommendations and public reports.
The SSA also includes a controversial โportability provision,โ which would direct Title I funds wherever a low-income student is enrolled. Even a well-resourced public school or a private school could receive Title I funds if it has a single low-income student.
โHouse Republicans have chosen to take a bad bill and make it even worse,โ Duncan said in a statement after the SSA was passed in the House. โThis bill โ which was passed in an entirely partisan fashion โ represents a huge step backward for Americaโs students. They deserve better.โ
The Senateโs ECAA attempts to provide state flexibility and more support than No Child Left Behind did, while still providing some federal guidelines. For example, while states would create their plans, the plans must be aligned with college entrance requirements or career/vocational education standards, and must include high standards for early childhood education programs, students with disabilities, and English language learners.
Under the bill, states are encouraged to use a variety of data in fostering and measuring student achievement, including projects, portfolios, and annual state exams. Both states and the Department of Education would share โbest practicesโ from schools around the country.
The ECAA also sets aside funds solely for states to reward the best teachers and supports and interventions for less effective ones. Additionally, the state plans must distinguish between low-performing schools and those that need support for less-controllable factors, such as a high migrant student population.
Even the billโs supporters have reservations, however. Last month, the Congressional Tri-Caucus, a coalition of the Black, Asian, and Latino Congressional caucuses, issued an open letter stating that while they appreciate the billโs bipartisanship, it does not yet โdo enough to protect the historically disadvantaged and vulnerable students the ESEA is intended to serve.โ
A few amendments have been made since then, including guidelines for disabled students, increased access to STEM lessons and opportunities for โunderrepresentedโ students, and better means of identifying and supporting homeless students.
Duncan hopes the final law will draw on best practices from school districts around the nation; cap the amount of time spent on standardized testing; close the comparability loophole; compel states to intervene and support the lowest-performing five percent of its schools; and grant the Department of Education Department the authority to implement and enforce these benchmarks.
The Senate will likely vote on a final version of the ECAA this week. When it does, key members of both chambers will have to find a way to combine their proposals and send one bill out for the Presidentโs signature. If he rejects it, itโs back to the drawing board โ or the ESEA just wonโt be reauthorized anytime soon.
โEveryone has their opinions and debate is healthy and important. So Iโll just [reiterate], this is a civil rights law,โ Duncan told the NNPA News Service. โThis is fighting to increase equity and opportunity so that every child has chance at life. Educational opportunity has to be the equalizer in our nation, the one thing that will help equality the gap between the haves and have-nots.โ
Thanks to NNPA for sharing this story with us. Connect with Jazelle Hunt on Twitter at @JazelleAH.

