Madam President, I would like to take this opportunity to talk about a bipartisan bill that was recently passed out of the Health, Education, Labor and Pensions Committee, the HELP Committee, which I chair and of which Senator Mike Enzi of…
Madam President, I would like to take this opportunity to talk about a bipartisan bill that was recently passed out of the Health, Education, Labor and Pensions Committee, the HELP Committee, which I chair and of which Senator Mike Enzi of Wyoming is the ranking member. This bipartisan bill reauthorizes the Elementary and Secondary Education Act of 1965 and would replace its current iteration, which everyone knows by the title of ``No Child Left Behind.'' I want to start with a few words about the Federal role in education in this country since ESEA is a key part of that role.
While it is certainly true education is primarily a State and local function, the Federal Government does play an important role, and a well-educated citizenry is clearly in the national interest. A central Federal role is to ensure all Americans, regardless of race, gender, national origin, religion, or disability, have the same equal opportunity to a good education as any other American citizen.
Likewise, the Constitution expressly states that our National Government was formed specifically to ``promote the general welfare, and secure the blessings of liberty.'' The general welfare, I submit, is greatly in danger when the populace is not adequately educated, and education is critical to liberty. As Frederick Douglass so eloquently noted, education ``means emancipation. It means light and liberty.''
It is no surprise that the Northwest Ordinance of 1787 expressly stated that ``schools and the means of education shall be forever encouraged.'' That law encouraged new territories to establish schools.
The Federal Government also encouraged States to establish public colleges and universities through the Morrill Act of 1862, which started the whole land grant college movement.
Moving into the 20th century, the Servicemen's Readjustment Act, known as the GI bill, provided grants to World War II veterans to pursue a college education.
In 1954, the Supreme Court struck down laws endorsing racial segregation in public schools.
In 1958, Congress authorized the National Defense Education Act, the first Federal loan program to students for higher education. That was one I borrowed money from when I went to Iowa State University.
That was followed by the Higher Education Act of 1965 and the Federal Pell grants enacted in 1972.
The Elementary and Secondary Education Act was passed in 1965 and provided aid to States and school districts to improve education for children from low-income families.
In 1975, Congress passed the Education for All Handicapped Children Act, which later became the Individuals with Disabilities Education Act, which was to assist States and districts in educating children with disabilities.
In 1994, Congress passed the Goals 2000: Educate America Act and the Improving America's Schools Act.
In 2001, Congress passed the No Child Left Behind Act, which went even further in terms of what was required of schools to receive Federal funds.
I go through all this so you can see that the Federal role in education spans over 200 years, and its primary objective has always been to increase educational opportunity and to enhance educational attainment. This context is important to any discussion about the reauthorization of the Elementary and Secondary Education Act.
The original goal of ESEA was to provide resources to the schools with the most disadvantaged students. This funding was needed because many States and districts use education funding formulas that provide fewer resources to high-poverty schools. Again, when anyone wants to talk about this, I say go back and read Jonathan Kozol's book entitled ``Savage Inequalities,'' written in the mid-1980s, in which he pointed out the gross inequality in our schools in America depending upon your ZIP Code--depending upon where you lived. We knew from that time that educating poor students actually requires more resources, not fewer, and title I was our attempt to
create a better, more equitable education system. Title I of ESEA has never fully realized that goal, but it has served as a significant source of funding to our most impoverished schools, leading to more educational opportunity for low-income students over the last 40 years.
In the early 1990s, a national consensus emerged around the idea that for the United States to remain competitive in the world economy, our education system needed significant improvements. Foremost among these was the movement for a ``standards-based reform.'' That was the idea that statewide academic standards and assessments aligned with those standards were a key lever for ensuring that all students received a good education. To that end, the 1994 reauthorization of ESEA required that States have one educational accountability system for all students, including racial and ethnic minorities, students with disabilities, and English-language learners. Along with Goals 2000, it required that States put in place standards and assessments so that we would actually know how students were doing.
During the next reauthorization--that was the No Child Left Behind Act in 2001--lawmakers felt compelled to be more prescriptive with States to ensure they improved their low-performing schools and focused on closing pernicious student achievement gaps. Therefore, NCLB, as it is known, defined ``adequate yearly progress'' for schools and districts. It required districts to implement public school choice, supplemental educational services in schools, and it set aside 20 percent of their title I funds for these activities. It also included a list of rigorous interventions for schools in corrective action and an additional category of ``restructuring'' for the most chronically low- performing schools with even more severe consequences attached.
What was the result of this more heavyhanded and prescriptive version of ESEA? Well, ``The Proficiency Illusion,'' a 2007 report by the Fordham Institute, found that State definitions of student proficiency varied erratically, and comparisons across the States were not valid.
A new term was coined in education. It was called the hockey stick. In reaction to the 2014 proficiency deadline that schools were to meet, what happened is that States backloaded the student gains needed to reach this goal. So it kind of came in the shape of a hockey stick lying on its side. So it was at a low level, and then all of a sudden, in the last 2 or 3 years, all of these proficiency standards would have to be met. That is why so many more schools are now failing to make adequate yearly progress across the country as we approach 2014. The slope gets steeper, and it gets tougher for them to make that yearly progress.
Another thing happened. Districts responded to the new restructuring category by choosing the least prescriptive--and some would say the weakest--option. In effect, districts could do as much or as little as they wanted in these severely underperforming schools.
Lastly, the No Child Left Behind law drove a critical transparency and focus on the performance of student subgroups--which was good, but its prescriptiveness also led to a culture of compliance and not innovation. So they would comply, but nothing would be done to change the system.
Given this history, we must now ask what the next reauthorization of ESEA should look like. Should the Federal Government come down harder on States and districts, be more prescriptive, more punitive?
I strongly believe that we must maintain a robust Federal role. In looking at the most recent national assessment of educational progress--also called NAEP--scores, we see that more than 50 percent of the students who are eligible for free or reduced lunch--read that as ``poor kids,'' OK?--scored ``below basic'' on the fourth grade reading assessment, as compared to only 17 percent of students who were not eligible for free or reduced-price lunches. Fifty percent of the poor kids read ``below basic,'' compared to only 17 percent of kids who were not poor. On the eighth grade mathematics assessment, almost half--49 percent--of African-American students scored ``below basic.'' Got that? On eighth grade math, 49 percent of African-American students scored ``below basic,'' as compared to only 16 percent of White students.
Madam President, we believe in equal opportunity in this country, but you cannot have equality of opportunity when you have inequality of education. Our economy, our ethics, and our commitment to equal opportunity all demand that the Federal Government continue to have a strong role in ensuring an educated citizenry. But just as the Federal role has evolved from Federal land grants to student Pell grants, we must be willing to shift to new approaches when the old ones aren't working.
I do not believe No Child Left Behind is the pinnacle of Federal education laws. I believe we can and must do better. Our bipartisan bill follows a different course, one of a more strategic partnership-- partnership--with States and districts within Federal guidelines or Federal parameters.
In making this move, it is important to note that States have stepped up to the standards and accountability plate in recent years.
In 2009, the Common Core State Standards Initiative was launched, a State-led effort to develop high-quality standards that are common across State lines. Thus far, 46 States and the District of Columbia have adopted the English language arts standards, and 45 States have adopted the math standards.
In 2011, the Council of Chief State School Officers released its accountability principles for next-generation accountability systems, now endorsed by 45 States. These principles include setting performance goals for all schools and districts aligned to college- and career- ready standards; measuring student outcomes based on status and growth; differentiating between schools and districts and providing supports and interventions; and targeting the lowest performing schools for significant interventions. States committed through these principles to doing deeper diagnostic reviews as appropriate--looking at more than just student test scores and high school graduation rates--to better link accountability determinations to meaningful supports and interventions.
This is all being done by the States. So these commitments by the States have led me to believe we may be entering an era in which the Federal Government can work in partnership with States to improve our Nation's schools, while continuing to provide a backstop to avoid returning to old ways of discrimination and exclusions. I think that is what the bipartisan bill passed by the HELP Committee last month does.
This bill, in many ways, resembles the ESEA blueprint released by Secretary Duncan almost 2 years ago. Our bill gets rid of AYP--the annual yearly progress--but it sets Federal parameters for State- designed accountability systems, which they are already doing. They are doing that on their own. These systems must cover all students, including students with disabilities and English-language learners; they must continue to measure and report on the performance of all schools; they must expect continuous improvement for all schools and subgroups of students; and they must provide for interventions in low- performing schools or schools with low-achieving student subgroups.
State accountability plans are also subject to peer review and approval by the Secretary of Education--an important safeguard on the quality and integrity of these systems. In short, we do not want to have a race-to-the-bottom type of system where States race to the bottom to see who has to do the least to meet these quality improvements.
The HELP Committee's bill also sets the high bar of having students graduate from high school college- and career-ready. It also tightens the Federal focus on turning around persistently low-achieving schools--the bottom 5 percent--and our Nation's dropout factories-- those high schools that graduate less than 60 percent of their students--less than 60 percent of their students.
We focus on those schools with significant student achievement gaps. What I mean by that is sometimes you might have very good schools by all appearances--all the test scores are great, they graduate a lot of students--
but there are subgroups there--usually students of color, English- language learners, students with disabilities--who aren't receiving the proper type of education. But because the rest of the school looks so good, they are sort of not seen. They are sort of invisible. These are the achievement-gap schools which we have focused on and which, I might add, States have already said they are going to focus on too.
Our bill takes the significant step of closing the comparability loophole so that funds provided through title I ESEA will finally serve as additional dollars--not replacement but additional dollars--for our neediest students. And title I schools will get their fair share of Federal resources.
It also provides districts with more flexibility in how States and districts spend their Federal funds while ensuring that the resources designated to serve our most disadvantaged students get to those students. The bill incentivizes the development of rigorous and fair teacher and principal evaluation systems. We don't mandate it, but we do incentivize teacher and principal evaluation systems, and it provides these critical school staff with the support they need to continually improve teaching and learning.
The bill also leverages opportunities for more children to access high-quality early learning programs and adds new protections for some of our most vulnerable children--homeless kids and students in foster care--so they can be better served by schools.
Our bill strategically consolidates programs and focuses grant funds on a smaller number of programs to allow for greater flexibility. It invests in effective programs to train and support principals and teachers for high-need schools. It fosters innovation through new programs such as Race to the Top, Investing in Innovation, and Promise Neighborhoods.
So as I have said many times over the past few years, I believe this is a good bill. I am proud of our efforts. The bill is the result of many months of bipartisan negotiation and, as such it is a carefully crafted compromise. It does not contain everything I want, nor does it contain everything Senator Enzi wanted. I said the other day: This is not my bill and this is not Senator Enzi's bill, but it is our bill-- and I don't mean just the two of us, but I mean our committee bill. It is, as currently written, a bill that moves us forward beyond the punitive nature of No Child Left Behind.
Last, I want to make clear that as this process moves forward, I believe it is crucial that we maintain the integrity and balance of this bipartisan compromise. We owe it to our kids and our Nation to produce a strong bill that will actually move the needle in improving our educational system. That will be the barometer that will guide me as this process moves forward.
To that end, I would note that, historically, education policy has been done in a bipartisan fashion, and I believe the House must also maintain that approach. Without a bipartisan bill coming out of the House, I believe it would be difficult to find a path forward that will draw the support we need from both sides of the aisle to be able to send a final bill to the President that he can sign. Here in the Senate we have demonstrated it is possible to reach bipartisan consensus on ESEA. We all need to work together in a bipartisan way to replace No Child Left Behind with this new and better law.
With the reauthorization of ESEA, we are on the brink of change, and change many times is difficult. But we must work together to move from a culture of minimal compliance with Federal requirements to one of shared innovation, shared responsibility, and success for students. I look forward to working toward this new partnership and to the next chapter of an effective Federal role in promoting educational excellence and equity.
Madam President, I yield the floor.