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Every Student Succeeds Act

ESEA鈥檚 50-Year Legacy a Blend of Idealism, Policy Tensions

By Alyson Klein 鈥 March 31, 2015 14 min read
April 11, 1965: President Lyndon B. Johnson, seated with his childhood schoolteacher, Kate Deadrich Loney, delivers remarks after signing the Elementary and Secondary Education Act at the former Junction Elementary School near Stonewall, Texas.
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Fifty years ago this month, President Lyndon B. Johnson signed into law the Elementary and Secondary Education Act outside the former one-room schoolhouse in rural Texas he鈥檇 once attended. The new law dramatically ramped up Washington鈥檚 investment in K-12 education, carving out a role for the federal government in educating the nation鈥檚 poorest children.

But shortly after that cinematic ceremony, administrators in the U.S. Office of Education鈥攖he predecessor of today鈥檚 separate, Cabinet-level department鈥攆ound themselves with a difficult task.

They needed to write鈥攁nd enforce鈥攔egulations that would ensure states and districts sent the federal dollars to communities with the highest concentrations of poverty and used the money appropriately. And while state and local governments were happy to cash the federal checks, many weren鈥檛 nearly as receptive to federal direction.

Five decades and more than half a dozen revisions of the ESEA later, calibrating the proper federal K-12 role remains an elusive goal.

鈥淚t鈥檚 a tough nut to crack,鈥 said Michael W. Kirst, who in 1965 served in the federal Office of Education鈥攑art of what was then the Department of Health, Education, and Welfare鈥攁nd helped craft and carry out regulations for the new law.

鈥淭his is a nation of states and a nation of local control. ... It鈥檚 the nature of our federalism that makes this job so hard,鈥 he said.

Mr. Kirst, who today is the president of the California state school board, now finds himself on the other side of the federal-state equation, pushing back against the Education Department on the current version of the law he once helped implement. His state has had run-ins with U.S. Secretary of Education Arne Duncan on issues ranging from teacher evaluation and accountability to state data systems.

Given his past experience in Washington, Mr. Kirst sympathizes with Mr. Duncan. 鈥淗e鈥檚 facing many of the very same issues we did鈥 in the 1960s, Mr. Kirst said.

Consensus Unraveled

After hitting a high-water mark with bipartisan passage in late 2001 of the No Child Left Behind Act鈥攁n ESEA overhaul that gave the U.S. Department of Education unprecedented sway over how states measured student achievement and intervened in failing schools鈥攖he seeming consensus among policymakers around a strong federal role in holding schools accountable for student performance has unraveled.

It鈥檚 clear from the current tone of the debate and bills introduced in Congress that the next version of the ESEA will give states a lot more control over key parts of the law, including accountability, teacher quality, and spending.

Sept. 29, 1989: President George H. W. Bush speaks during ceremonies concluding the governors鈥 education summit in Charlottesville, Va. The summit marked a pivotal point in national goal-setting in the areas of educational accountability and standards.

But lawmakers and the White House have been at an impasse for nearly a decade on just how far to go in shrinking the federal footprint without jeopardizing the ESEA鈥檚 focus on providing an equitable education to the poorest children.

That conflict has its roots in the original legislation, which was born with an identity crisis of sorts. The 1965 law sought to target new federal funding鈥攎ore than $1 billion in the first year, with few strings attached鈥攖o areas with high concentrations of poor students. But the law itself was somewhat vague when it came to targeting disadvantaged children, in part to build the necessary support in Congress to pass it quickly.

鈥淭here was no strategy around how all this was going to work with respect to a process for improving education,鈥 said Christopher T. Cross, a former assistant secretary in President George H.W. Bush鈥檚 administration who also served as a top aide to Republicans on the House education committee in the 1970s. 鈥淚t was just, 鈥楾hese are poor districts, they need the money. Trust people to do the right thing.鈥 It鈥檚 come back to haunt everybody now,鈥 said Mr. Cross, now the chairman of the Bethesda-based consulting group Cross & Joftus.

Lingering Echoes

The original ESEA rocketed through Congress in less than 100 days鈥攁 turnaround time that today sounds astonishing, considering that lawmakers have been grappling for more than eight years with writing a successor to the NCLB version of the law.

But, as it turns out, much of the rhetoric against federal involvement in K-12 education during congressional consideration of the ESEA in 1965 don鈥檛 sound much different from discussions about rewriting the law in 2015.

In the 1960s, conservative Republicans and Southern Democrats鈥攕ome representing states that were struggling with or resisting desegregation鈥攁rgued that the ESEA and its attached aid would give the federal government a reason to interfere with local control of schools.

In late March of 1965, Rep. Frank T. Bow, R-Ohio, said the Johnson administration and supporters of the bill 鈥渁re eager to promote what they call the excellence of educational opportunity, and they can do so only by imposing their views about curriculum, teaching methods, and textbooks on the local school districts. 鈥 This bill is the foot in the door for federal control of education, make no mistake about it.鈥

Meanwhile, behind the scenes, Sen. Robert F. Kennedy, D-N.Y., made the case for a stronger federal role. And since the federal government was about to pour additional money into schools, he wanted language requiring a careful assessment of whether Title I actually improved student outcomes.

鈥淲e really ought to have some evaluation in there, and some measurement as to whether any good is happening,鈥 he said, according to Mr. Cross鈥 2004 book, Political Education: National Policy Comes of Age.

The ESEA: A Look Under the Hood

The Elementary and Secondary Education Act is divided into 10 鈥渢itles,鈥 covering a wide range of federal education policy and funding issues. Here鈥檚 a look at those parts of the current version of the law, the No Child Left Behind Act.

Title I


Improving the Academic Achievement of the Disadvantaged鈥擳he heart of the law, which sets out rules for formula grants to help districts educate disadvantaged students. Title I includes provisions related to accountability, annual testing, school improvement, and content standards.

Title II


Preparing, Training, and Recruiting High-Quality Teachers and Principals鈥擥overns formula grants to states for improving educator quality. The money can be used for such purposes as teacher recruitment and retention and class-size reduction.

Title III


Language Instruction for Limited-English-Proficient and Immigrant Students鈥擜llocates formula grants to states to help English-language learners succeed academically and learn English.

Title IV


21st Century Schools鈥擥overns programs in a range of areas that include violence prevention, school climate, and after-school initiatives.

Title V


Promoting Informed Parental Choice and Innovative Programs鈥擜uthorizes aid for innovative programs, charter schools, magnet schools, and other such efforts.

Title VI


Flexibility and Accountability鈥擜llocates grants to states to develop assessments and programs for rural schools, among other things.

Title VII


Indian, Native Hawaiian, and Alaska Native Education鈥擜uthorizes grants for Indian, Native Hawaiian, and Alaska Native education.

Title VIII


Impact Aid Program鈥擠eals with funding to districts that have a major federal presence, such as an Indian reservation or a military base.

Title IX


General Provisions鈥擳hough it shares a name with another federal education law barring discrimination on the basis of sex in programs receiving federal funds, Title IX of the ESEA includes important provisions of its own. Among them are sections governing 鈥渕aintenance of effort鈥; equal access to school facilities; the U.S. secretary of education鈥檚 waiver authority; and prohibitions on federally sponsored testing, collection of personally identifiable student data, and distribution of contraceptives in schools.

Title X


Repeals, Redesignations, and Amendments to Other Statutes鈥擜uthorizes the McKinney-Vento homeless student program, among other provisions.

SOURCE: U.S. Congress

Sen. Kennedy鈥檚 ideas were largely kept from consideration in order to secure swift passage of the legislation. Instead, Congress added some vague provisions around evaluation. But nearly 40 years later, similar views were championed by his younger brother, Sen. Edward M. Kennedy, D-Mass., when he was helping to write the NCLB law with President George W. Bush.

Secretary Duncan continues to see a place for the federal government in ensuring that students get access to an equitable and high-quality education.

鈥淚t鈥檚 an education law, but it鈥檚 a civil rights law. That is at the heart of what this thing is,鈥 Mr. Duncan said in an interview last week.

Early Enforcement

Sending billions of dollars in new federal money out the door with good intentions鈥攂ut without clear directions鈥攎eant the money wasn鈥檛 always spent on improving student learning, however. Districts built swimming pools, installed toilets, and purchased audiovisual equipment that sat around collecting dust with money that President Johnson had hoped would equalize opportunity for the poorest children, according to Mr. Cross鈥 book.

And some districts were accused by advocates of taking federal aid and then failing to give minority students the same opportunities as those of white students, an obvious affront to the goals of desegregation.

For instance, in Benton County, Miss., Title I dollars were used at a 鈥渨hite high school鈥 for a summer math and English program, according to a 1969 report on the program鈥攖itled 鈥淚s It Helping Poor Children?: Title I of ESEA"鈥攂y the National Association for the Advancement of Colored People and the Washington Research Project. But at an all-black school, the money paid for a homemaking course for girls.

鈥淲e suspect these black girls are being trained with Title I money to become maids for the local population,鈥 the report鈥檚 authors said.

Even as Congress was writing the law, researchers were hard at work on 鈥淓quality of Educational Opportunity"鈥攂etter known as the Coleman Report鈥攏amed after its lead author, James S. Coleman, a Johns Hopkins University sociologist, which was released the year after the bill passed. It showed that black children started school behind their white peers academically and never really caught up.

The Coleman report 鈥渟upported the notion that the money should be protected in its route to poor kids,鈥 said Edmund W. Gordon, a professor emeritus of psychology at Yale University and Teachers College, Columbia University, and a longtime scholar on racial achievement gaps. He was on the advisory committee that assisted in designing the Coleman study.

Congress, over the course of more than half a dozen rewrites of the ESEA, eventually tightened the reins.

Lawmakers required, for instance, that Title I money be seen as an extra, not a replacement, for state and local aid. And they called for Title I schools to get an amount of state and local money comparable to schools with more privileged populations鈥攁 goal the nation is still grappling with.

鈥淚t does seem as though the funding disparities are an aspect of equality of opportunity that really hasn鈥檛 [been] addressed,鈥 said Elizabeth H. DeBray, a professor of education administration and policy at the University of Georgia College of Education in Athens.

鈥淭he federal role has evolved into something that鈥檚 very focused on adequate yearly progress and outcome equity,鈥 she said. 鈥淭here could be a commensurate focus on those things that make a difference with respect to opportunity to learn.鈥

Civil Rights Focus

Over the years, the law, primarily aimed鈥攁t least rhetorically鈥攁t combating poverty, has taken on more of a civil rights flavor. The NCLB law, for example, requires states to intervene in schools that aren鈥檛 getting good results with minority students, even if the student population as a whole is succeeding.

Jan. 8, 2002: President George W. Bush signs the No Child Left Behind Act at Hamilton High School in Hamilton, Ohio. The NCLB law updated the ESEA and significantly ratcheted up the federal role in education.

Discrimination and inequality in schools may have decreased a lot since the mid-1960s, but those problems still persist, said Elizabeth King, the director of education policy at The Leadership Conference for Civil and Human Rights, a coalition in Washington.

鈥淚t looks different now. Maybe [students are] not being trained to be domestics, but ... when schools dumb down assignments, when they ask less of children than they are capable of, ... [students] aren鈥檛 getting everything they need to exercise the rights that they are entitled to,鈥 Ms. King said.

Meanwhile, the idea of sending out federal money to schools has become less controversial as Title I aid has merged into the bloodstream of school district finances. These days, the money blankets the nation鈥檚 congressional districts鈥攎eaning it wouldn鈥檛 be easy to scrap the law entirely.

The original ESEA passed with only marginal GOP help in the House. But, by the time the law was updated in 1978, it received broad bipartisan support, according to Presidents, Congress, and the Public Schools: The Politics of Education Reform, by Jack Jennings, who served as an aide to Democrats on the House education committee from 1967 to 1994.

Standards Partnership

Still, objections to the federal role in influencing K-12 policy have dogged the law since initial passage.

Both President Ronald Reagan and, later, GOP Speaker of the House Newt Gingrich made dismantling the federal Education Department鈥攅stablished more than a decade after the ESEA鈥檚 passage鈥攁 talking point for conservatives. But Democrats and moderate Republicans stood in the way of doing so.

Still, under President Reagan, the federal footprint in the ESEA was rolled back for the first time. A number of programs were combined into a single block grant.

Then came A Nation at Risk, the landmark 1983 report that warned that the nation was slipping dangerously behind its international competitors in preparing students.

The report spurred a flurry of state activity, ultimately giving rise to the standards-based education-redesign movement.

In 1989, the federal government sought to become a partner in those efforts. President George H.W. Bush called a national education summit in Charlottesville, Va., which culminated in a promise to set national education goals and hold the country accountable, somehow, for meeting them.

That set the stage for the federal-state collaboration on standards and accountability that eventually led to the changes embodied the NCLB law and initiatives such as the Common Core State Standards.

The summit was a turning point in the ESEA鈥檚 trajectory, said Chester E. Finn Jr., who served in the Education Department under President Reagan. 鈥淵ou could almost break the 50 years鈥 since the passage of the ESEA into two 25-year periods, he said: 鈥淧re- and post-Charlottesville.鈥

But No Child Left Behind鈥攑assed overwhelmingly in the burst of bipartisanship that followed the Sept. 11, 2001, attacks鈥攎ay have gone too far in ratcheting up the federal role, even for many of those who initially supported the law.

The ESEA law has some desirable features, especially its focus on outcomes for poor and minority children, said Richard A. Carranza, the superintendent of the 57,000-student San Francisco school district, but it also has major downsides.

鈥淵ou have to continuously fight against the stream. And the stream under NCLB is to teach to the test,鈥 said Mr. Carranza, one of a handful of big-city superintendents who recently met with President Barack Obama to discuss what needs to change about the law. 鈥淚f you don鈥檛 do well on the test, you get a label assigned to your school that you鈥檙e a failing school; ... that [narrows] the curriculum.鈥

Overdue for Rewrite

The NCLB law was never intended to go 13 years without an update鈥攊t鈥檚 been on the books without revision longer than any previous version of the ESEA. But a polarized Congress has been unable to renew the legislation, despite numerous attempts dating back to 2007.

Jan. 21, 2015: Senate education committee Chairman Sen. Lamar Alexander, R-Tenn., center, and ranking member Sen. Patty Murray, D-Wash., listen to testimony during a hearing looking at ways to fix the No Child Left Behind Act. Congress has been grappling with reauthorizion of the law since 2007.

Most recently, a revision that would significantly scale back the federal role in school turnarounds, teacher quality, standards, and accountability systems is on hold, having failed to gain sufficient support from a contingent of Republicans in the House because it wasn鈥檛 conservative enough, in their view.

Meanwhile, Secretary Duncan has issued a series of waivers easing many of the mandates at the heart of the law, requiring states to embrace the Obama administration鈥檚 education redesign priorities, including rigorous standards and teacher evaluations tied in part to student outcomes. Mr. Duncan has described the waivers as a new way forward when it comes to a state-federal partnership.

But not everyone sees it that way. The Common Core State Standards have come under siege in a number of states in part because Mr. Duncan encouraged states to adopt them in order to get waivers of certain NCLB provisions.

And the back-and-forth negotiations over the finer points of the accountability plans created under the waivers haven鈥檛 gone well, either. For example, Sen. Lamar Alexander, R-Tenn., the chairman of the Senate education committee, has accused Secretary Duncan of playing a game of 鈥淢other May I?鈥 with states, in which they have to beg for every bit of federal leeway to advance their own goals.

It鈥檚 the right time for the federal government to take a step back, Mr. Finn said. In the years since the passage of the NCLB law鈥攎uch less the original ESEA鈥攕tates and districts have become much more thoughtful and sophisticated when it comes to educational improvement, he said. If the federal government takes a lighter approach to accountability, 鈥渋t鈥檚 not like we鈥檙e cutting the engine on the boat and therefore it鈥檚 going dead in the water,鈥 he said.

But Margaret Spellings, who served as education secretary under President George W. Bush and was an architect of the NCLB law while working as a top White House aide, doesn鈥檛 buy that argument.

鈥淟ocals often like to have the cover of 鈥榯he federal devil made me do it,鈥 鈥 Ms. Spellings said. Left to their own devices, states are more likely to succumb to public pressure, she added. But the way policy is going, she said, 鈥渨e may test [Mr. Finn鈥檚] theory.鈥

Next Steps: Unclear

Meanwhile, others say a lack of focus on factors beyond school, such as resource inequality, meant that the ESEA would always have limited reach when it comes to really improving student outcomes.

鈥淚 think [the ESEA] didn鈥檛 really do as much as it could have, or as much as was needed to be done, to improve the education of the people we initially targeted,鈥 said Mr. Gordon, whose experience during the Johnson administration included being tasked to conduct an early evaluation of the federal Head Start preschool program. 鈥淚 would vote for [the law today], but I wouldn鈥檛 vote for it with the same confidence I had in 鈥65 that it would solve all our problems.鈥

Pedro Noguera, a professor of education at New York University, says the testing and accountability focus has forced something of a detour from the original purpose of the law. 鈥淲e鈥檝e moved away from the goal [of equity],鈥 he said, 鈥渨hen we should have been going deeper and further.鈥

How should the next iteration of the ESEA tackle the political puzzle of the right federal role in K-12? Policymakers may not find an answer anytime soon.

Although congressional lawmakers are eager to rewrite the current law, some doubt whether a highly partisan Congress can advance a major initiative on education, or anything else. Meanwhile, the Obama administration has less than two years remaining, and it鈥檚 unclear if the next administration鈥擠emocratic or Republican鈥攚ill continue with the waivers or come up with its own twist on the ESEA.

鈥淲hat鈥檚 happening now is that mistaken policy is being cleaned up,鈥 Mr. Jennings said. 鈥淧eople will want to throw everything out.鈥 The problem, he said, is that 鈥渨e鈥檙e going to throw out the good with the bad. We need another vision.鈥

Library intern Connor Smith contributed to this story.
A version of this article appeared in the April 01, 2015 edition of 澳门跑狗论坛 as K-12 Law鈥檚 Legacy Blend of Idealism, Policy Tensions

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