January 8, 2007 

Fifth Anniversary Presents Opportunity To Revamp No Child Left Behind Act

NEA releases eyewitness accounts of educators' experiences with the law, advocates positive changes during reauthorization 

WASHINGTON—Five years after the president signed the No Child Left Behind Act, the controversial legislation is still underfunded by billions of dollars, still heavily focused on one-size-fits-all testing and still unfairly punishing many schools and students. Today, the National Education Association released eyewitness accounts of NCLB flaws and said the law must meet the needs of those in the classroom.

“The fifth anniversary is the second starting gun for NCLB,” said Reg Weaver, NEA president. “Educators have seen the problems with the law firsthand and have outlined changes that are needed. As lawmakers consider reauthorization of the Elementary and Secondary Education Act, they have the opportunity to look ahead and make positive changes to ensure that every child has a great public school.”

NEA released NCLB/ESEA: It’s Time for a Change! Voices from America’s Classrooms , which includes the personal experiences of almost 400 educators across the country.

About 70 percent of NEA members disapprove of NCLB and 57 percent want major reforms, according to a recent survey. Most people share educators’ concerns: Nearly six in 10 Americans believe NCLB has had no effect on schools or has had a negative effect, according to a Phi Delta Kappa/Gallup poll.

NEA delegates representing the Association’s 3.2 million members approved NEA’s Positive Agenda for the ESEA Reauthorization , which includes practical reforms to the law. Key elements of the plan include accountability systems that reward success, smaller class sizes, adequate resources, quality educators in every classroom and engaged parents, families and communities.

Rather than focusing on high stakes tests, NEA’s comprehensive strategy calls for measuring student achievement over time through multiple indicators. NCLB takes a snapshot of student performance on two tests on one day rather than delivering a complete portrait of students’ needs and achievements. NEA’s plan would transform NCLB to assist states and schools in improving overall student achievement while closing achievement gaps.

Terri Vest, a high school teacher from Montpelier, Vt., said that one of her first experiences with NCLB was standardized testing. A student with some learning disabilities had been working hard throughout the school year and making good grades, but then spent three days being tested.

“When the testing was over, she came to me and said, ‘I’m going to quit school,’” Vest said. “I said, ‘No, you’re not going to quit school. What are you talking about?’ She said, ‘I’m stupid. I always thought I was smart, but I think that you all have just been making it too easy here for me because you like me. I took this test, and I know I did badly on it, and I’m stupid.’ That’s heartbreaking. I’m looking at this child who is going to be successful in her life. She’s got everything you look for in a successful adult. And she’s ready to quit school… because all her life, all her work gets boiled down to a few numbers.”

This one-size-fits-all approach to education in NCLB has failed to deliver promised results. According to a recent study by the Civil Rights Project at Harvard, “NCLB did not have a significant impact on improving reading and math achievement across the nation and states” and “has not helped the nation and states significantly narrow the achievement gap.”

Placing so much emphasis on reading and math tests has prompted thousands of schools to reduce, and even eliminate, time spent on other subjects, according to the Center on Education Policy.  Since 2002, when the law was passed, 71 percent of the nation's 15,000 school districts have reduced time spent on subjects like art, social studies and history. Under NCLB, schools that do not deliver high enough test scores face stiff penalties.
An increasing number of schools fear those penalties because the law has been severely underfunded—by approximately $40 billion—since its enactment in 2002. About 80 percent of school districts said they have costs associated with NCLB not covered by federal funding. NEA’s Positive Agenda urges lawmakers to provide adequate tools and resources to comply with the law.

A coalition of 100 diverse organizations, including NEA, calls on Congress to make these and other important changes to the law. The proposals have had bipartisan support: 41 bills were introduced in the 109th Congress, with legislators working across party lines to improve NCLB.

“Accountability is a two-way street,” Weaver said. “Educators are willing to be held accountable, but they need the tools to get the job done. NEA members have outlined clear changes that will improve the law, but more importantly, we have identified reforms that will help prepare our children and students to lead successful and productive lives.  NEA calls on Congress to consider the many bipartisan proposals to reform NCLB as it starts the reauthorization process.”

B-roll and sound bites from Weaver and educators available on satellite feeds:
Monday, Jan. 8, 6:00–6:30am and 2:00–2:30pm ET 

C Band Satellite/Transponder:    AMC1, C23   
Orbital Position:            103 degrees   W 
Downlink Frequency:    4160 MHz (H)
Audio:     6.2 / 6.8
Trouble Number           202-861-0500

Ku Band Satellite/Transponder:    SBS 6, K03 
Orbital Position:            74 degrees W 
Downlink Frequency:    11774 MHz (H)
Audio:     6.2 /6.8
Trouble Number:          202-861-0500

For more information about NCLB:
www.nea.org/esea/posagendaexecsum.html

For more information on “Voices From the Classroom”:
http://www.nea.org/esea/nclbstories/index.html

For more information on the joint organizational statement on NCLB:
www.nea.org/presscenter/nclbjointstatement.html .

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The National Education Association is the nation's largest professional employee organization, representing 3.2 million elementary and secondary teachers, higher education faculty, education support professionals, school administrators, retired educators and students preparing to become teachers.

December 14, 2006 

NEA Calls for Frank, Open Dialogue on "Tough Choices or Tough Times"

Weaver seeks "plausible solutions" to improve public schools 

WASHINGTON—Tough Choices or Tough Times, released today by the New Commission on the Skills of the American Workforce, outlines a list of recommendations for radically revamping how children are educated and prepared to face the challenges of a global society. The report assesses the need for a complete overhaul of the American public education system and suggests that our country’s economic competitiveness is at stake and education reform is required to ensure that the United States remains a key player in the global economy.

The following statement can be attributed to NEA President Reg Weaver:

“Tough Choices or Tough Times is a provocative report that will hopefully encourage an open dialogue and frank discussion on how best to improve public schools. School reform is necessary to address the various challenges facing public education. Yet as we initiate reform, we must be diligent about finding plausible solutions that will serve the best interests of our children and society.

“NEA has long championed the concept of high school reform, and we agree that we need to provide students with the tools and resources they will need to succeed in a global society. We are pleased that fully funding pre-K is among the list of suggestions from the commission. Research has proven that quality early education programs build a strong foundation for school success and lead to better academic achievement results in the long run. We also stand in agreement that our students need to be equipped with 21st century skills that allow them to master new and emerging technologies, develop critical thinking skills and increase their global knowledge.

“Tough Choices or Tough Times has shed light on some very real issues. However, we urge caution in calling for drastic changes that could potentially disenfranchise poorer communities and eliminate community voices in the reform conversation. We also question changes that do not offer reasonable alternatives. Teacher pay should be increased. But our teachers and education support professionals need better pay now, not in 2021. Likewise, it is shortsighted to call for salary programs that increase teacher pay but deplete retirement benefits. Our nation’s teachers deserve to be well compensated now, and they deserve the safety and security of retirement plans that will not leave them destitute in their later years.

“On the issue of school funding, NEA believes that removing local funding does little to stabilize the education system and removes the power of communities to define education programs that fit their unique needs. A one-size-fits-all approach to school funding only works when all schools and communities are equal and socio-economically balanced. There is no evidence to show that states or even private contractors are any better than local school boards in defining a community’s educational needs. A weighted school funding formula like the one touted in this report does little to assist struggling schools and punishes those students who need the most help.

 “In the end, we all must get down to the work of reforming our public schools, one step at a time. We know the source of the problem: too few resources, not enough textbooks, outdated technology, and a lack of qualified and certified teachers. Our public policy debate today should focus on improving the teaching and learning conditions in the schools that 90 percent of American children attend and then focusing on a long-term plan that makes underperforming public schools obsolete.”

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The National Education Association is the nation's largest professional employee organization, representing 3.2 million elementary and secondary teachers, higher education faculty, education support professionals, school administrators, retired educators and students preparing to become teachers.

December 8, 2006 

Nation's Largest Union and Congressional Leaders Defend Workers Rights

NEA President Addresses Thousands at U.S. Capitol

WASHINGTON—Thousands rallied today at the U.S. Capitol to urge Congress to pass the Employee Free Choice Act, which would strengthen protections for workers seeking union representation.

Nearly 57 million employees say they would join a union if they had the opportunity according to a nationwide survey by Peter D. Hart Research Associates.

Reg Weaver, president of the National Education Association, addressed the crowd and called for passage of this critical legislation. “Working families should be revered, respected and rewarded for the work they do. Instead, they are underpaid, underappreciated and under attack in the workplace,” said Weaver. “Our nation’s workers deserve better.”

So what prevents millions of employees from exercising their right to form a union at the workplace? Harassment, intimidation, coercion and even firing workers are examples of tactics used by employers to stop workers from uniting in solidarity based on the Hart survey and research from Cornell University scholar Kate Bronfenbrenner.

Under the act, employers will be held more accountable for denying employees’ right to organize or obtain a first contract. In addition, the National Labor Relations Board will be responsible for determining whether a union will be recognized, whereas under current law this decision is left to the employer. As a result, employers can refuse to recognize the union and request a National Labor Relations Board election.

The rally, sponsored by AFL-CIO, also included remarks from Sen. Edward Kennedy, D-Mass.; Rep. George Miller, D-Calif.; John J. Sweeney, president, AFL-CIO; and Edward J. McElroy, president, American Federation of Teachers.

Sen. Kennedy and Rep. Miller along with Sen. Arlen Specter, R-Pa., and Rep. Peter King, R-N.Y., first introduced the act in the 109th Congress. The bipartisan legislation will be reintroduced to the 110th Congress in 2007.

“We know the truth: our jobs, our sweat and our dedication keep this great nation moving forward,” Weaver said. “People who work hard have a basic right to organize and bargain collectively for living wages and access to health care and other benefits. This act will give them that chance."

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The National Education Association is the nation's largest professional employee organization, representing 3.2 million elementary and secondary teachers, higher education faculty, education support professionals, school administrators, retired educators and students preparing to become teachers.

December 4, 2006 

Supreme Court Hears Arguments
in School Desegregation Cases

NEA joins major labor and civil rights
groups to support local school districts

WASHINGTON—The Supreme Court will hear oral arguments today on whether school districts should be able to use tailored policies to ensure equitable, diverse enrollment and desegregate local schools. The National Education Association and leading labor and civil rights organizations have supported the policies of the two school districts in question, saying the modest measures are one part of fulfilling the promise of Brown v. Board of Education .

“These districts saw schools re-segregating and knew that separation in education can never be equal,” said Reg Weaver, NEA president. “They made the decision to use modest, narrowly tailored policies to protect the right of every child to a quality public education. They’ve had the support of their local communities, and their plans have been successful. These school districts are models for how to achieve more equitable and diverse schools.”

The cases involve constitutional challenges to voluntary, race-conscious student assignment plans adopted by the Seattle School District and the Jefferson County Board of Education in Kentucky. They will likely be decided by June of 2007 in what will be the most significant Supreme Court decision in years on the role of race in education.

A host of other organizations, including the AFL-CIO, People for the American Way, American Federation of Teachers and 43 NEA state affiliates, signed on to NEA’s amicus brief in support of the schools. 

The Seattle policy allows students to attend the schools of their choice and uses race as one of several tiebreakers for popular schools if it helps bring the schools closer to the district’s average racial composition. A similar program at issue in the Kentucky case aims to keep the Black student population between 15 and 50 percent of the total population at most schools. About 35 percent of the 97,000 students in the district are Black. In 2004, the Civil Rights Project at Harvard University called Kentucky schools among the most integrated in the nation.

In its brief, NEA urges the court to uphold the value of diversity in education, which a substantial body of research has shown actually improves the quality of education for all students. “Interactions among students of different races—with different vantage points, skills, and values—are of great consequence not only to the students’ development as citizens in a multiracial, democratic society, but also to their intellectual development,” the brief says. “The impact of encountering and dealing with racial diversity as part of their education is positively linked to growth in cognitive and academic skills of both racial minority and white students. These educational benefits are realized not only while children are in school, but in their subsequent lives as well.”

In the Supreme Court’s 2003 decisions in Grutter v. Bollinger and Gratz v. Bollinger , two cases involving challenges to the University of Michigan’s student admission plans, Justice O’Connor made similar points. She said diversity better prepares students to be successful and the benefits of diversity are “not theoretical, but real.”

“There’s no quick fix legal or legislative measure to ensure diversity, close the achievement gaps between students and wipe out a long history of discrimination in education,” Weaver said. “These policies are one part of a solution that must also include adequate and equitable funding, qualified teachers and professional respect to get the job done.”

A copy of NEA's complete amicus brief is available online (PDF, 209KB, 45 pages ).

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The National Education Association is the nation's largest professional employee organization, representing 3.2 million elementary and secondary teachers, higher education faculty, education support professionals, school administrators, retired educators and students preparing to become teachers.

November 29, 2006 

Court Hears NEA Appeal
in NCLB Unfunded Mandates Lawsuit

NEA Urges Sixth Circuit Court of Appeals
to allow litigation to move forward

WASHINGTON—The United States Court of Appeals for the Sixth Circuit today heard oral argument by the National Education Association and its co-plaintiffs in the No Child Left Behind (NCLB) lawsuit, Pontiac v. Spellings. NEA is appealing a November 2005 decision by a lower court dismissing its claim that the federal government is violating the “unfunded mandates” provision of NCLB.

“I am pleased with the oral argument presented by our lead counsel to the Sixth Circuit Court of Appeals yesterday morning,” said NEA President Reg Weaver. “While it’s not prudent to speculate about which way the court may rule, we are hopeful that it will allow this important case to advance. We look forward to the court’s decision sometime next year.”

NEA, nine NEA affiliates and nine school districts filed an unprecedented lawsuit on April 20, 2005, claiming that the federal government is violating the “unfunded mandates” provision of NCLB by compelling states and school districts to spend their own money to comply with the requirements of the law. The provision in question—Sec. 9527(a)—states:

“Nothing in this Act [i.e. the NCLB] shall be construed to authorize an officer or employee of the Federal government to…mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act.”

This is the first lawsuit in the country seeking to prevent NCLB from imposing “unfunded mandates” on states and school districts.  Six states, the District of Columbia, the governor of Pennsylvania, school administrators and state and local elected officials are now formally supporting NEA's legal challenge. The United States District Court for the Eastern District of Michigan dismissed the case last year, holding that Congress did not promise to pay for all of the additional costs imposed by NCLB.  Rather, Section 9527(a) merely prohibits “federal officers and employees” from imposing any additional costs beyond those required by the Act, the court ruled. A decision by the Sixth Circuit Court of Appeals is expected sometime next year.

Since it was first enacted in 2001, federal funding for NCLB programs has fallen $40 billion short of the amount originally promised by Congress. In this school year, moreover, Congress provided $1 billion less for NCLB programs than it provided last year, and the House and Senate are proposing cuts of $494 million and $377 million, respectively, in FY2007.
 
“Adequate funding for education programs under No Child Left Behind is a critical component for great public schools for every child,” said Weaver. “Unfortunately, Congress continues to shortchange parents and schools in many communities across the nation. Allowing this litigation to move forward is a step in the right direction in the ongoing battle over determining who is obligated to pay for costly unfunded mandates.”

For additional information about the NEA lawsuit, please visit: www.nea.org/lawsuit .

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The National Education Association is the nation's largest professional employee organization, representing 3.2 million elementary and secondary teachers, higher education faculty, education support professionals, school administrators, retired educators and students preparing to become teachers.