At the core of today鈥檚 debates over school accountability lies a contentious question: Does the federal No Child Left Behind Act represent a historic advance for civil rights, or a giant step backward for the children it purports to help?
This argument has divided the civil rights community itself, along with its traditional allies in Congress. One side supports stern measures designed to force educators to pay attention to long-neglected students and enable all children to reach 鈥減roficiency鈥� in key subjects. The other side argues that the law鈥檚 tools of choice鈥攈igh-stakes testing, unrealistic achievement targets, and punitive sanctions鈥攈ave not only proved ineffective in holding schools accountable, they also are pushing 鈥渓eft behind鈥� groups even further behind.
鈥擲teve Dininno
Disagreement is especially acute among advocates for English-language learners, known in the shorthand of K-12 education as 鈥淓LLs.鈥� These students pose a fundamental challenge for the No Child Left Behind accountability scheme, owing to the near-total absence of valid and reliable assessments of their academic achievement. Usually tested in English, a language they have yet to master, ELLs tend to perform poorly in both reading and math. Indeed, the law defines them as students who have difficulty meeting state standards because of the language barrier. Nevertheless, under every state NCLB plan, English-language learners鈥� scores on invalid tests must be included in 鈥渁dequate yearly progress鈥� calculations, and, where they fall short of AYP targets, schools must undergo 鈥渃orrective action.鈥�
In other words, high-stakes decisions about the education of these students are being made on the basis of data generally acknowledged to be inaccurate. Schools with an ELL 鈥渟ubgroup鈥� are being labeled and punished for failure鈥攏ot because of the quality of instruction they provide, but because existing tests are unable to measure what ELLs have learned.
While acknowledging this reality, the Mexican American Legal Defense and 91制片厂视频al Fund and the National Council of La Raza have emerged as uncompromising defenders of the No Child Left Behind law. They oppose exempting English-language learners from standardized tests, regardless of the tests鈥� validity, for more than the one year that is currently allowed by federal regulations. In the words of a MALDEF lobbyist, leaving English-language learners out of No Child Left Behind鈥檚 accountability system would mean 鈥渞emoving the incentive to teach them.鈥� The two organizations favor increased funding to develop appropriate assessments, hardly a controversial idea. In the meantime, however, they insist on the continued use of flawed assessments to judge schools and, by implication, to make flawed decisions about educational programs.
Critics of NCLB-style accountability鈥攚ho now include a substantial majority of educators working with English-language learners鈥攃annot see how such a blunt instrument could produce academic benefits. More importantly, they point to the law鈥檚 harmful impact on minority students generally and on ELLs in particular. The perverse effects are well-documented: excessive class time devoted to test preparation, a curriculum narrowed to the two tested subjects, neglect of critical thinking in favor of basic skills, pressure to reduce or eliminate native-language instruction, demoralization of teachers whose students fall short of unrealistic cut scores, demoralization of children who are forced to take tests they can鈥檛 understand, and, perhaps worst of all, practices that encourage low-scoring students to drop out before test day.
No one questions that, because of the No Child Left Behind law, English-language learners are receiving more 鈥渁ttention鈥� than ever before. But, as many educational researchers and practitioners can testify, results in the classroom have been far more negative than positive. Supporters of the law have generally declined to respond to what educators are reporting, and instead have accused the law鈥檚 critics of opposing accountability or believing that minority children 鈥渃an鈥檛 learn.鈥�
How could civil rights advocates disagree over such fundamental issues? The only plausible answer is that there is a growing divide in how educational equity is understood. Some clues can be found in the changing terminology used to discuss school reform.
Once upon a time, civil rights advocates were united in pursuing the goal of equal educational opportunity. They fought against racial segregation in public schools and demanded equitable resources for all students. Their focus was on 鈥渋nputs,鈥� pushing state and local officials to provide adequate school facilities, well-designed instructional programs, effective teachers, and attention to the effects of poverty鈥攕uch as parental illiteracy, poor health, and malnutrition鈥攖hat pose obstacles to learning. In those days, the enemy was clear: a two-tier system that provided an inferior education to many children on the basis of skin color, language background, class status, and place of residence.
But in the No Child Left Behind era, the words equal educational opportunity have largely faded from the public discourse. In their place, there is talk of eliminating the 鈥渁chievement gaps鈥� between various groups of students.
The latter term was seldom heard in the 1980s or 1990s, as is shown by a quick archive search of major newspapers, including The New York Times, The Washington Post, the Chicago Tribune, The Boston Globe, the Los Angeles Times, and 91制片厂视频 Week. Then, around 1999, 鈥渁chievement gap鈥� suddenly burst into the popular lexicon. The credit is largely due to then-Gov. George W. Bush of Texas and his political guru, Karl Rove, who were planning a presidential campaign in which school reform would figure prominently.
Despite its stated goals, the No Child Left Behind law represents a diminished vision of civil rights.
Their strategy鈥攚hich ultimately proved successful鈥攚as to seize an issue traditionally 鈥渙wned鈥� by Democrats and give it a 鈥渃ompassionate conservative鈥� spin. By stressing the achievement gap, candidate Bush redefined civil rights in the field of school reform: 鈥淪ome say it is unfair to hold disadvantaged children to rigorous standards. I say it is discrimination to require anything less鈥攖he soft bigotry of low expectations.鈥� Retiring the Republican theme of dismantling the U.S. Department of 91制片厂视频, he called instead for an enhanced federal role based on the Texas model of high-stakes testing.
In 2001, key Democrats in Congress, including Sen. Edward M. Kennedy and Rep. George Miller, encouraged by certain liberal advocacy groups, joined forces with the Bush administration and with Republican leaders in Congress. The result was bipartisan passage of the No Child Left Behind Act late that year.
Eliminating achievement gaps is paramount among the law鈥檚 goals; equal educational opportunity is not. In fact, the latter term鈥攚hich had been prominent in previous versions of the federal Elementary and Secondary 91制片厂视频 Act鈥攁ppears nowhere in NCLB. (No doubt an anonymous congressional staffer performed a search-and-delete operation on the bill, just as one did with the word 鈥渂ilingual,鈥� which was also expunged.)
What鈥檚 the significance of this shift in terminology? Achievement gap is all about measurable 鈥渙utputs鈥濃�攕tandardized-test scores鈥攁nd not about equalizing resources, addressing poverty, combating segregation, or guaranteeing children an opportunity to learn. The No Child Left Behind Act is silent on such matters. Dropping equal educational opportunity, which highlights the role of inputs, has a subtle but powerful effect on how we think about accountability. It shifts the entire burden of reform from legislators and policymakers to teachers and kids and schools.
By implication, educators are the obstacle to change. Every mandate of No Child Left Behind鈥攁nd there are hundreds鈥攊s designed to force the people who run our schools to shape up, work harder, raise expectations, and stop 鈥渕aking excuses鈥� for low test scores, or face the consequences. Despite the law鈥檚 oft-stated reverence for 鈥渟cientifically based research,鈥� this narrow approach is contradicted by numerous studies documenting the importance of social and economic factors in children鈥檚 academic progress. Yet it has the advantage of enabling politicians to ignore the difficult issues and avoid costly remedies. If educators are the obstacle, there鈥檚 no need to address what Jonathan Kozol calls the 鈥渟avage inequalities鈥� of our educational system and our society.
In other words, despite its stated goals, the No Child Left Behind law represents a diminished vision of civil rights. 91制片厂视频al equity is reduced to equalizing test scores. The effect has been to impoverish the educational experience of minority students鈥攖hat is, to reinforce the two-tier system of public schools that civil rights advocates once challenged.
English-language learners, for example, are being fed a steady diet of test-prep, worksheets, and other 鈥渟kill building鈥� exercises from a menu mostly reduced to reading and math. Their language-learning needs are increasingly neglected by the marginalization of bilingual and even English-as-a-second-language instruction to make time for English language arts items likely to be on the test. Meanwhile, more-advantaged students are studying music, art, foreign languages, physical education, science, history, and civics, getting to read literature rather than endure phonics drills, and participating in field trips, plays, chess clubs, and debate tournaments鈥攁ll 鈥渇rills鈥� that are routinely denied to children whose test scores have become life-or-death matters for educators鈥� careers.
Ironically, in numerous ways, No Child Left Behind is increasing the achievement gap, if academic achievement is understood as getting an all-round education and, with it, an equal chance to succeed in life. True civil rights advocates cannot and must not ignore the reality behind the rhetoric.
