CHAPTER 2 The Context for Corporate Reform Federal law and policy turned the education reform movement of the twenty-first century into a powerful force that no school or district dared to ignore. Since the publication in 1983 of a report called A Nation at Risk , federal and state policy makers have searched for policy levers with which to raise academic performance. That report was the product of a commission--called the National Commission on Excellence in Education--appointed by Secretary of Education Terrel H. Bell, during the administration of President Ronald Reagan. The commission warned that the nation was endangered by "a rising tide of mediocrity" in the schools; it pointed to the poor standing of American students on international tests, a recurring phenomenon since the first international test was offered in the mid-1960s. Its basic claim was that the American standard of living was threatened by the loss of major manufacturing industries--such as automobiles, machine tools, and steel mills--to other nations, which the commission attributed to the mediocre quality of our public educational system; this claim shifted the blame from shortsighted corporate leadership to the public schools. The commission called for better curriculum standards, higher graduation requirements, better teacher training, higher teacher pay, and other customary improvements. The commission said very little about testing, account- ability, and choice.
The first Bush administration, in which I served, had little appetite for an expanded federal role in education. It announced a program called America 2000, which relied mainly on voluntarism since a Democratic Congress would not consider any education bills sponsored by President George H. W. Bush. Congressional Democrats in the early 1990s wanted greater resources and greater equity in public schools, not standards and tests. The Clinton administration liked the idea of national standards and national testing, but when Republicans took control of Congress in 1995, that idea died. The administration settled for a program called Goals 2000, which offered money to states to set their own standards and tests. Along came the George W.
Bush administration in 2001, which proposed sweeping federal legislation called No Child Left Behind (NCLB). On the campaign trail, Bush spoke of "the Texas miracle," claiming that testing and accountability had led to startling improvements in student performance. He said that test scores and graduation rates were up, and the achievement gap was narrowing, thanks to the Texas reforms. We now know that there was no such mirac⤠Texas made some increases on federal tests, like many other states, but its students register at the national average, nowhere near the top. In 2001, no one listened to those who warned that the "Texas miracle" was an illusion.1 Congress swiftly passed the law, which dramatically changed the federal role in education. The law declared that all states must test every child annually in grades 3 through 8 in reading and mathematics and report test scores by race, ethnicity, low-income status, disability status, and limited- English proficiency. By the year 2014, all students were supposed to achieve proficiency on state tests.
The states were required to monitor every school to see if every group was on track to reach proficiency. Any school that persistently failed to meet its annual target would be labeled a school in need of improvement (in the eyes of the media and thus the public, that means a "failing" school). With each year that the school failed to meet its target, the sanctions became increasingly more punitive. Eventually, if the school kept failing, it was at risk of having its staff fired or having the school closed, handed over to state control or private management, or turned into a charter school or "any other major restructuring." Many schools "failed" year after year, and as 2014 approached, the majority of public schools in the nation had been declared failures, including some excellent, highly regarded schools (typically, the group that was not making sufficient progress toward 100 percent proficiency was students with disabilities, and the schools that were likeliest to be labeled as failing enrolled high proportions of poor and minority students). In Massachusetts, for example, the state with the nation''s highest-performing students as judged by federal tests, 80 percent of the state''s public schools were "failing" by NCLB standards in 2012. Let''s be clear: 100 percent proficiency is an impossible goal; no nation in the world has ever achieved this, nor has any other nation ever passed legislation to punish its schools for not reaching an unattainable goal. It was as though Congress had passed a law saying that every city in America should be crime-free.
Who could disapprove of such a laudable goal? What city would not want to be crime-free? But imagine if the law set a deadline twelve years off and said that any city that did not meet the goal would be punished; its police stations would be closed and privatized; its police officers would lose their badges. The first to close would be the police stations in the poorest neighborhoods, where crime rates were highest. Eventually, the scythe would swing even in affluent neighborhoods, because no city is completely crime- free. Wishing that it might be so, or passing laws to require that it be so, does not make it so. NCLB opened the door to huge entrepreneurial opportunities. Federal funds were set aside for after-school tutoring, and thousands of tutoring companies sprang up overnight to claim a share. Many new ventures opened to advise schools on how to meet NCLB testing tar- gets, how to analyze NCLB data, how to "turn around" failing schools, and how to meet other goals embedded in the legislation. NCLB encouraged the growth of the charter sector by proposing that charter schools were a remedy for failing public schools.
When NCLB was passed, charters were a new and untested idea. The original idea for charters was first suggested in 1988, not to promote competition, but to allow teachers to try out new ideas. One of its originators, Ray Budde, was a professor at the University of Massachusetts who envisioned charters run by teachers, free to teach without interference by the local district bureaucracy. The other originator was Albert Shanker, president of the American Federation of Teachers, who envisioned charters where teachers sought out the lowest-performing students, the dropouts, and the disengaged, then figured out innovative ways to ignite their interest in education. Both these men, unknown to each other, saw charters as schools empowered to devise innovative practices and ready to collaborate and share what they had learned with their colleagues and existing schools. Certainly, neither imagined a charter sector that was nearly 90 percent non-union or one that in some states presented profit- making opportunities for entrepreneurs. Minnesota passed the first charter law in 1991, and the first charter school opened in 1992. Only nine years later, Congress passed the No Child Left Behind law, recommending conversion of a low-performing school to a charter as a remedy.
At the time, there was no evidence that charters would succeed where the local public school had failed. Nonetheless, the congressional endorsement was valuable publicity for charters, which gained public recognition and new opportunities to expand and compete with neighborhood public schools for higher test scores. In addition, it paved the way for federal appropriations and federal tax breaks for charter school construction. As 2014 neared, states were spending hundreds of millions of dollars each year on testing and on test preparation materials; the schools in some districts and states were allocating 20 percent of the school year to preparing for state tests. This misallocation of scarce resources was hardly surprising, because schools lived or died depending on their test scores. Educators and parents raised their voices against the incessant testing, but no one seemed to know how to stop it. Some states not only tested children in grades 3 through 8, as NCLB required, but started testing children in the early grades and in prekindergarten to ready them for the testing that began in the third grade. And the number of tests administered to high school students increased as well, both as a measure of progress and as a condition for graduation.
Texas, the epicenter of the testing fetish, insisted that students needed to pass fifteen different tests to get a high school diploma. The thirst for data became unquenchable. Policy makers in Washing- ton and the state capitals apparently assumed that more testing would produce more learning. They were certain that they needed account- ability and could not imagine any way to hold schools "accountable" without test scores. This unnatural focus on testing produced perverse but predictable results: it narrowed the curriculum; many districts scaled back time for the arts, history, civics, physical education, science, foreign language, and whatever was not tested. Cheating scandals occurred in Atlanta, Washington, D.C., and other districts.
States like New York manipulated the passing score on state tests to inflate the results and bring them closer to Washington''s unrealistic goal. Teaching to the test, once considered unprofessional and unethical, became common practice in the age of NCLB. Districts invested many mil- lions of dollars in test preparation materials to help teachers do it better. Under pressure to get higher scores to save their jobs and their schools, teachers drilled students in how to ta.