Senator Flanagan versus President Obama: Will New York State Challenge Immediate High-Stake Testing for All?

In the corridors of Albany a Republican State Senator from Long Island, John Flanagan, is challenging President Obama – and the challenge has nothing to do with party politics. An increasingly intrusive federal government has pushed aside the 10th Amendment and is setting national policy for education at the local level.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The 10th Amendment is referred to as the “reserve clause,” the catch-all amendment that “reserves” powers not delegated to the federal government nor prohibited to the states. Education is a classic example of a reserved power, states, traditionally, established school governance systems, set course and graduation requirements, funding formula, criteria for teacher licensure, education was a domain of the states.

Diane Ravitch in a blog post writes, “Who owns American public education? Until a decade ago, we might have answered: the public. Or the states. Or the local school boards. Now, the likely answer is: the U.S. Department of Education.”

The 1965 Elementary and Secondary Education Act (ESEA), for the first time, introduced a role for the federal government in education. Title I of ESEA provided dollars to states based upon a poverty formula in exchange for directing dollars to specific schools. No Child Left Behind (NCLB), the reauthorization of ESEA, in 2002, dramatically changed the role of the feds, school districts that received federal funds, almost all school districts, were required to test all students in English/Language Arts (ELA) and Mathematics in grades 3 through 8 and students in high schools in English, Mathematics and Science and were required to take remedial action for “failing” schools, actions that included replacing staffs and/or principals, school closures and conversion to charter schools.

In 2011 the National Governors Association, using Gates funding, created “standards” in all grades; 45 states and the District of Columbia adopted the standards, now referred to as Common Core State Standards (CCSS). The plan envisioned two consortia, PARCC and Smarter Balance, would create tests to measure student competency based on the CCSS in grades 3-11, tests that were national in scope, all the states in each consortium would take the same tests. States would no longer control the content and structure of federally required tests.

The Race to the Top (RttT) dangled billions of federal dollars to states in exchange for significant commitments – adopting the Common Core standards and student testing based on the CCSS, student test score-based (VAM) teacher evaluations and a data warehouse to store student information.

The powers guaranteed by the 10th Amendment have been significantly eroded by the federal government. The Supreme Court has vacillated on the question of the powers of the federal government and education conservatives, Chester Finn and Michael Petrilli are uncomfortable with the intrusive role of the feds,

The federal government has pushed far too deeply into the routines and operations of the nation’s public schools, now regulating everything from teacher credentials to the selection of reading programs.

New York State has enthusiastically adopted the federal agenda – a recipient of 700 million in RttT funds, and the full federal agenda typified by the rapid adoption of the CCSS and concomitant testing.

In August, 2013 the first set of CCSS state test scores were released – 2/3 of the students in the state failed the tests and Afro-American, Hispanic, English language learners and Special Education students had appallingly low scores.

• 31.1% of grade 3-8 students across the State met or exceeded the ELA proficiency standard; 31% met or exceeded the math proficiency standard
• The ELA proficiency results for race/ethnicity groups across grades 3-8 reveal the persistence of the achievement gap: only 16.1% of African-American students and 17.7% of Hispanic students met or exceeded the proficiency standard
• 3.2% of English Language Learners (ELLs) in grades 3-8 met or exceeded the ELA proficiency standard; 9.8% of ELLs met or exceeded the math proficiency standard
• 5% of students with disabilities met or exceeded the ELA proficiency standard; 7% of students with disabilities met or exceeded the math proficiency standard

As parent anger grew the commissioner pushed back and defended the full adoption of CCSS and the full implementation of CCSS testing. At meeting after meeting, forum after forum the public pushed and the commissioner defended.

On January 7th the leader of the Assembly, Sheldon Silver, who rarely comments on any pending issue announced,

“I think the case has been made, if nothing else, for a delay and a reevaluation of the implementation of Common Core,” Silver said. “The problem with it is … No. 1, it was suddenly put upon teachers and students and administrators and schools. The support for it was not forthcoming as quickly as the rigors of Common Core, and the training wasn’t there for a lot of the teachers that are charged with using it as the basis for their education.”

Throughout the fall Senator Flanagan, the chair of the Senate Education Committee held hearing around the state and introduced a number of bills to limit and safeguard the data warehouse, and, announced he was considering the introduction of legislation to slow down the implementation of the CCSS testing.

On January 24th the NYS Senate Education Committee engaged with Commissioner King for almost two hours. Senator after senator asked the commissioner to press the “delay” or the “pause” button and the commissioner, politely and firmly explained that while the state education department could have done things differently, and agreed the implementation was uneven and parent engagement was lacking the feds required annual testing and the only tests were the CCSS tests.

Watch from minute 1:42 until the end (thirteen minutes) for comments from Senator Flanagan and the Commissioner’s reply (See U-Tube here). Well worth watching – Senator Flanagan firmly asked for a plan and the commissioner just as firmly evaded.

A Regents Task Force is scheduled to report at the February 10th Regents meeting – the senator announced he was expecting a “tangible” plan to respond to the criticisms from across the state.

Although thoroughly professional Senator Flanagan made it clear the Senate Education Committee would take actions if they were not satisfied with the report of the Regents Task Force, and the unspoken threat is a bill requiring a delay.

The commissioner has consistently averred that a delay in implementation was out of the question – he argues federal law requires annual testing. Senator Flanagan made it clear – this is New York State – we are the leader – an implicit argument that the feds don’t want to pick a fight with the Empire State.

The actions of the Senate Education Committee may be the beginning of challenges around the nation. Can the federal government require education policies that parents and their legislators think are inappropriate? Will the Regents and the commissioner directly challenge Senator Flanagan’s “advice”? Usually, both sides come to an “understanding” that pushes aside any confrontation; however, the tide of anger on the part of parents around the state requires “tangible” action – anything short of a delay will be rejected by parents.

Senator Flanagan and his colleagues are demanding that the Common Core be de-linked from immediate high-stakes testing for all.

I do not think legislators will risk losing their offices over the issue of Common Core testing; rather challenge the federal law than risk the ire of voters at the polls.

Our founding fathers (and mothers, let’s not forget Abigail Adams and Sally Hemmings) were both creative and deep thinkers. The advice of Thomas Jefferson is especially prescient,

Should [reformers] attempt more than the established habits of the people are ripe for, they may lose all and retard indefinitely the ultimate object of their aim.” –Thomas Jefferson to Mme de Tesse,

I think it would be better to wind up [the settlement of a new constitution] as quickly as possible, to consider it as a mere experiment to be amended hereafter when time and trial shall show where it is imperfect.” –Thomas Jefferson to Comte de Moustier

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4 responses to “Senator Flanagan versus President Obama: Will New York State Challenge Immediate High-Stake Testing for All?

  1. Its about time……Our Federal Government in its relentless calling to decide what is best for its people, just cannot help itself.It is not unlike a fungus or plague of locusts,that simply has to run its course leaving in its wake, destruction and chaos for its people to resckon with. Its the nature of the beast or at least this particular beast. States rights which was always the seed by which the 10th amendment could trace its roots, is being attacked, and violated not little by little but by massive encroachments into its being.All this under the guise of social reforms, which is clearly a term that is a misrepresentation of a socialist government. The terms are mutually exclusive of one another. One would think that with so many states opting out of the Affordable Care Act. and all the documented instances of that Act being a hard sell, and a deceptive one at that, that our Fed Gov’t would take a hiatus. But no, its latest obsession to Common Core or not..Well “not” is realy a choice that is being taken from the states, and thats just unconstitutional. So its time that local politicians, in any state that does not welcome a Fed imposition on its states rights mandate from the 10th amendement did what their electorate put them in a position to do….just say no…..If that means getting to The Supreme Court,then thats what our constitution is there for.

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  2. Carole Silverstein

    The NYSUT board showed their concerns and voted against the dictated Common Standards and no confidence in the NYS ed. commissioner..

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  3. Here’s an illustration of the power of money. In tough times, NYS got bought for $700 million. Yesterday the Koch Brothers had a big, secret meeting of the nations billionaires to use the power of money to effect the upcoming elections.

    With the Citizens United Supreme Court Case unleashing this money, politicians will be careful not to anger the big money. With the Governor considering a run for higher office, King is pandering to this crowd.

    Why is Duncan going down this route? Money. Until ‘Citizens’ gets overturned, political power will continue to be unequal. Think about how the government has handled the aftermath of the mortgage mess that crashed the economy and you see the incredible inequity created.

    While we are at this, watch the NYS Regents Fellows. They are a shadow group created in response to, and apparently funded by, MONEY. They are creating Regents policy in a back room.

    We need to support our political friends, for their necks are far out here, and the axe is at the ready.

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  4. Repeastedly testing students on material they have not been taught by achers who have not been trained on the materials to be assessed and upon the outcomes of which they themselves are evaluated may or may not nbe unconstitutional but it sure is stupid.

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