The Justifications for a Stronger Federal Response to(1)
The Justifications for a Stronger Federal Response to(1)
ti Str r IR nse t
d ucational I11eaualiti
N '.
Introduction
Inequalities within our nation's public education system stubbornl
persist on multiple levels \\'ith respect to several student groups but par-
ticularl)' ,vith respect to race and povert)'· These inequalities are pre5ent
i r1 both access to educational resources and educational results. Research
nr1rms that students of color and lo\v-income students are more likel
to attend schools in deplorable physical conditions; 1 to have less acce
to higher-level courses, counselors, gifted and talented pro~rams, and
1nusic and art programs; 2 to be taught bv teachers ,vho are less cr.--
dentialed, less experienced, and lo\,,er paid;3 and, to attend racial]
~
gregated schools wl1ere there are Jo,ver levels of peer competition and
support ... t·or exan1plei in LivinE!ston Junior High School, a school in
labama where n1ost of the students are from lo\v-income families and
ll of then1 are African Americans, there are several broken 'A'indo~
the bathrooms have broken stalls, tiles fa ll from the ceiling, the roof
leaks, and there is mold, peeling paint, and cracked floors throughout
the school. 5 In Wi lliam Penn School District, a school district in Phi] . . -
delphia where most of the students are African Alnericans, students run
to arrive earlv to class duri11g the winter months in order to receive th
6
t blankets because tl1cy attend a school with uninsulate<l metal walls.
an,, disoarities in educational opportunit)' can be traced to fL1nd -
i11e inequalities. Per-p upil spending varies significantlv on manv level
therebv lirn i tine: the educational opportunities and achie,-ement for
ma11v children. For examole, a recent study reveals that in the ma.iorit
totes the difference between the highest and Jo,vest spend inQdistrict
10 A ST RONGF.R PE J>I SPON !-, 1
SON P, SA
,,er si o,ooo per studc11t (ancl o,,er ~20,000 ir1 son1e state!>).' Furtl1 e, _ te11 , reduced cla~s sizesJ increased profe5sional developn1ent for teacher~,
15 0
tnore, fur1di 11g d1spar1tiec; too often do nol correspo11 nd specialized instruct1011 for higl1-needs students, but did not mak
tudent need!). In aln,ost l1alf tl1e states, scl1ool districts servi ng mor th,ese investments i.11 the low-po\erty schools. After nve to se\J
uent students on a, crage receive 111ore n1o ne)' per 5tudent tha11 d tudents a5sig11ed to lo\v-poverty 5Chools outperforrned their peers wh
8
<listrJcts <,er,,ing in1po, eric;hed students. I 11 those states that d attended moderate-poverty schools i11 both readi.ng and math. In addi
ro\~tde on avcroge 111ore tundinE! to higl1-po,,erty school districts, onl tion, by the time the low-1r1come children who attended the low-povert
a handful pro\ ide substantial!)' n1ore fu11di11g to higher-poverty school raduated from elementary school, the gap ex15t1ng bet't,'een the
disrricts.9 0 11c e111p1rical study foun d that on average the higl1es t p , ,..,_ low~income ch1ldre11 and the other children \Vas cut by or1e-third ror
r l)' school districts in tl,e 11at1on spend approximately $1,200 less per reaa in g arid one-haJf for math. These findings under~core that rne op-
10
tuden t tl1an do t11e lo\vest povert\' school districts. That same stud tunity to attend a predom inantly middle-clac;~ school mav be more
lso found that on a,,erage scl1ool districts serving the l1ighest concen- ritical to closing the achieven1e11t gap than providini? add1tiona1 re-
trations of students of color spet1d approxi111ately s2,ooo less per stud en urces to high-povertv school".
han school districts \Vith the highest con centrati ons of wl1ite stL1dent nsurprisi ngly, ,ve also find stark inequalities in educational out-
do. 11 These fu11ding i11equalities are particu larly co11cerning becau mes fo r minority and low-income students. Recent data show tha
umenr that iI1creases ir1 funding for lo,v-in con1e school rcent of fourth-grade, 42 percent of eighth-grade, and 48 percen
di5tricts lead to increases in studer1t ach ievement. 1 nvelfth-grade African A111erican students read below grade level, com-
·mportant as adequate fur1ding is for pro,riding a meaningful edu- parea to 2 1 percent, 15 percent, and 21 percent of ,vhite students, respr-• -
ional opportunity>student integration is just as important, il not mor tively.17 These ,vide achievement gaps ,vere also present ,vith respect
importa11t. Poor students attendi11g predomina11tlv m iddle~class schools Hispanic students, American Indian / Alaska Native students, and lo,"-
benefit from ( 1) attending schools where parents are more involved in income students generally.1 8 Sean Reardon recentlv analvzed rou£lhl
he school community and k.no,~ how to hold the school accountable tor forty m illion state achievement-test scores i 11 grades three throueh
19
hortcomins.!S) (2) havi11g more highly skjlled teachers who l1ave h igher eight duri11g 20 0 9-13 in every publ ic school district in the countrv.
expectations for their students, and (3) being surrounded by peers who He found that, 0n average, African American students score roui?h
1
more acadernicallv engaged and less 1ikel)' to misbehave. t 3 Indeed tvvo grade levels lo,ver than white students in the san1e district, and tt,. . _
20
veral empirical stud ies confirm that student integration alone soci••- panic students score rougl1l)' one and a half grade levels lower. u n
economic status (SES) lines (which is highlv correlative to inte2'.ration lso observes acaden1 ic achieven1en t disparities ,~,rith respect to student
long racial lines) is a critical component for student achievement. 1 1th, except t]1at, notably, these ach ievement gaps have widened over
be clear\ r1on e of these studies suggest that simply going to school \Vith the past few decades, not 11arro,ved.21 Alarmingly, Reardon's massive
poor children directl)' impacts a student,s ability to achi eve. Rather, th~ tudy revealed that differences Ln the average student achievement Ieve
level of student po,,erty in a school turns out to be a proxv for oth 11 school districts serving the most and least socioeconomicall
22
chool characteristics that do directly affect student achievement. 15 advantaged students nationall)' exceeded fo Ltr grade levels.
ther Sch,vartz studied seven }'ears of performance data from 850 Inequalities withu1 the public education system hurt our children ar1d
\v-inco1n e students in Mo11tgon1ery County, Marvland. These student ation in dramatic ways. Our children,s future en1ployment and income
~'ere randomlv assi2ned to public housing apartments that ,.vere zoned portttnities, as well as their overall levels of bappiness, are se,·erel
23
r either moderate-poverty schools or low-poverty scl1ools. The school limited ,vl1en thev do not reach their full pote11tial. There are also stag-
di5t rict made a series of educationaJ investments to support the student gering economic and social costs associated ,vith undereducating a sig-
,vho attended the moderate-poverty schools, such as full-dav kindere:ar- nificant proportion of ot1r children.14 Not onlv does our nation lose t he
3H I JASO ':S (~I JUSTJ I'J CAT TO I )
I
ppoi ttlt)ity to Jch1e\t' higher ecc,no1111c gro,vth, tt) 111c1 e~se tax ationales fo r tl1e federal government to 1ddress our nation,s stark
nuc.~, and to forttf) our den1orracy, bt1t 11oor eliucnt1on also 1c; <l~sociated ducational inequalities, including economic, criminal justice, health,
, ..rilll bad health and a l11gl1 1nortalit)' rate, increa5cd rclta11ce 011 publi democratic. and fa1r11ec;c; rationales.
JS\tstan(.e, and 1nc.reased 1n, ol,·~1nent 111 the cri111i11a l ju5t1ce ~ystetn 2
tr,kinglv, Cl.onon11sts e\t1111ate that 1ncrea ~i ng gra,luation rate~ even b
ne-rhird ,.. ould rt~c;ult 1n i.1n aggregate annual ~av1r1gs or ap11r()Xtm'1tel ·1on1ic Ratio11ale
o billion for our nation.' \ver cducat1011al atta1n1nent 1111poses significant economic costs on
\\ hile there Jre c;trong rationales for the federal go\ernn1ent to re\,- Ltr nation. Education 1s fundatnental to our nation's econon1ic erowth
tit, current education 1nequalit1es, pa~t and current federal legislation ha~ because economic gro\vth depends in part on the ability of our \\'Ork.fore
h1.r£!cl, failed a11d, in fact, in some ,vays has created cond1tio11s for dispart- to el t1 ciently accomplt~h con1plex tasks, l1nderstan<l and solve oroblem
tie~ to ,,·1den. for e\.an1ple, tl1e No Ch1ld Left Behit1d Aces test-bac;ed a, _ 11 d adapt to change. 29
Employers are rapidly replacine unc;k1lled labor
u11tab1ht) approach did not ~uffic1erttl)' narro,v achievement gaps and, ,vitl1 Io,,ver levels of educat1on with machines or arc outsourcing
instead, l1ad ~everal unintended conseque11ces for all ch1ldren, particular! lo\ver-level \Vork to laborer5 in other countries \\'ho arc \\?illing to \\'Ork
n1arciI1al1zed children. T11e Ever} Student Succeeds Act (ESSA) also fail r 10,ver ,vages. 30 To accompli5h complex tasks and earn high ¥tag~,,
to adequately address these inequalities. FSSA provides tren1endous di,- workers must have strong l1tcraC)', numeracy, analytical, technic..al, and
retion to states to dev1c;c accountabtlit}' structures, rnany of \vhich have roblem-solv1ng skills. 31
ho\,11 no sign-; in tl1e past or present of rect1fying education inequali- · torically, the US education system has helped create a11 educat~d
ht~. run her111ore, Title I of the Elementary and Secondarv Education Act, kforce that sustained a high level of economic gro,vth. 3 .? tto\,ever,
\vh1ch ,,as enacted to create n1ore education opportun1t1es for impo,1er- education inequal1t1es threaten to stand 1n the \,'av of our continued
1shed children, does not prov1de nearly enough resources to address cur- non1ic gro\vtl1 and ability to compete internationall)'·33 Our Sl.hool ag
nt 1nequalit1es In addition, the rules governing disbur5ement of Title I population has and ,vill 1ncreasingl,· become more raciallv and ethnicall
unds severely hmit Title T's reach to adequate!} narro,v education 1nequal- diverse. 31 If \\Te fail to properly educate and prepare 5uc.h a sizeable por-
1t1es. It 1s tin1e for the federal 2overr1ment to e11act stron2er legislation t tio11 of our )'Outh to enter the \\ orkforce, our nation ,,ill lo5t! a valuable
narrow edueat1on inequalities and create equal education opportunitie non1ic growth opportunitv. 35 As Marta fienda and <;1i!al Alon observe,
r all children. Not only ¼'Ould tl1is benefit marg1nal1zed students and 'The opportunity costs of not closing achieveinent and graduation gap
a1n1hes, but it ,, ould benefit all stude11ts and our nation as a ,vho)_, \Vill continue to gro\v as global 111arket integration cont1nues apac:e R1\1ng
to this monumental cl1allenge requires a l11ghl} s1'.1lled labor tor'--e. rlh
\ \'hy the Federal ,vind0\\1 of opportur1ity to hari1es~ the <ien1ographic d1, 1dend 1s clostnF,,
ern n1ent Should Address Inequaliti
in Education but unlike de\·elop1ng countries,, 1th high )Outh depende11cy rates, tl1e
11tted States has tl1e eco11on11c re<;ources to n1ake the neces~arv ir1vc,t-
3
lthoue:h inequal il 1 in education deserve immediate atlen tio11, ments. \'\Tl1ether il has st1fficie11t political \\'ill 1s the real que5t1on ..,
the vast maiorit tat do not appear to be addressing the1n in nn' Levin a11d Cli, e Belfiel<l atten1pted to quantifv the cumulat1,e
27
meaningfu] \\'ay. In fac l, from 2008 to 2012, almost e\'erv state cu ts to our nation of inequalities,, 1thin our education 5, stem in tern1
pending to public education, and, as of 2015, Lhe rnaior1tv of stat l dollars. The)' ob~erve that \\'orkl!r~ ,, itl1 more education car11 sig-
till provided less f uncling to public education than tt1ey did pri nificant!} n1ore ,vages over tl1eir lt feti1nes tha11 do ,vorker~ ,, ith le':)s edu-
28
to the rece~sion. \\' hile that in and of itself n1igl1t just ifv a stro n- tion. \\Torkers ,vho graduated fro111 higl1 school earn over $300,000
ger response by the federal government, there are other compelling m r their lifet1me5 than higl1 school dropout!>, v. orkers \,Tho at-
I ',\ ~ON ruST(JJICATJON~ lOk A STR R flF.D R I 41
tended some college ear11 O\'er s400,000 n1orc tl1a11 l1igl1 scl1ool drop-
ns. -- r..xa1nining several sources of data> f.a11ce Lochner and Enri
; and, ,vorkers vt1l10 att ained a college degree earn over s1. 2 million
rerri found t]1al higher education levels ,vere strong!)' as"ociated with
more than high school dropouts. '[hus, increasing tl1e edL1cat1on level of
uced crimiJ1al activit}' and that "the e~ti rnated effects ol education
pro,~de significant additional sot1rces of tax re\'enti
3"' _i1ne cannot easily be explained a\vay by unobser, ed cl1aracteristic
1
percen turn on 1n tn1ent 1n our education S)'Ste1n. 5 izens is essential for the effecti,,eness of our dtmocrar1c go,,ernment.
ucation fosters a commitment to and capacity for del1beratinl! is5u
rving on a jury, exercising the right to vote, serving in a pubhc.
lt/1 Rar101 no serving in the armed forces. 66 In Bro¾'J-t v. Board of· £ducat 1011, the
1he federal eovernrnent should al upre1ne Lourt observed, uCompulsor\ atte11dance la,\TS and th
daress our nat1on~s educational great expenditures for education both demonstrate our recognition
1nequaltt1es because of the hieh h
Ith costs that lo,ver educational the importance of education to our democratic soc.1etv. It is required
ttainment imposes on the federal government and society. Individua l
in the performance of our most basic public responsi bilities, e, en ser•
\\1th hiE!her education levels on a,rerage have better health and live lon-
·n the armed forces. It 1s the very foundation of good c1t1zensh1..,.
ieh school dropouts are more like!)' than those \vho graduated
Justice B)rron v\7hite, in h,s dissent 1n San A11to1uo Independent School
m h12h 5chool to die prernaturely from cardiovascular disease, can-
istrict v. Rodri~uez, cogently explained that education 1s cr1l1cal for
er, 1ntec.tion. iniury, lung disease, and diabetes. 59 'l '11ey are more 1ikel
ist1ne vouth to understand and appreciate "the princ1pJes and
to suffer from disabilities or illness. 60 Because education is positivel
tio11 of our governn1ental processes; to 1n5till "polttical consc1ousnes
related to income levels, those \.vho l1a\'e more education tend to live 1n and participation,,, and to generate "the interest and provide the tool
as that offer rnore opportunities for exercise and are Jess exposed t necessat v tor politicc1l discourse and debate." 6 d In ca111pa,gn torr,, _
61
en, 1ronmental hazards. They are also more likely to obtain jobs that quity v. Ne'ri York, the Ne\, York Cottrt of Appeals rtac;oned that a
1
provide better health insurance.62 I11dividuais who are educated are " -· und basic education~' consisted of "the basic ]1teraC}1 c.alculating, J11d
more likelv lo avnid risky behavior, eat more healthily, exercise mv•~, rbal skills necessary to e11able children to e\entuall,, function or
n2agc m health-promoting social activities, better comprehend medi- iuctivclv as civic participants capable of voting and servine on a iu
cal information and doctors' instructions, better deal with stressors, and Indeed, to effecti,,el\' serve on a jury, vote, or ser, e 1n a publi
better navigate the complex health care system.6
individuals must have the capacity to ,veigl1 ev1de11ce, listen \\tell, com-
Re~earch confirms the significant hea ltl1 70
ili ng t ,,du - n1unicate cffectivel}', and rethink one's o,v11 belief~ and pos1tions.
rom high school and college. Peter N1uen n1 riticallv, ernpir ical studies ha\e repeatedly confirmed the po5itive
chool graduate gains 1•1 yea r
that h hieh
pertect health t aoproxi • ..lat1onship between better-educated c1tizen5 and political part1c1pA ~
matelv Si83,ooo, and each graduat
the govern men proximate( including the increased likelil1ood of voting, donating to a pol1tital
s39,000 in costs related to heaJth
e. Accordinelv, h und that th mpaign, belonging to a civic o,rganization, and partic1pat1ng in pol1tt-
I JASON P. NAN
umc1ent. 1he federal government provided approximately s15.4 billion multie:enerational povert,. 1vtultiger1erational poverty often multiplie
r schools for the fiscaJ year 2018 under Title I of the ESEA. 88 \iVhile thi the negative effects of poverty on children, meaning that th<)se children
· not an insignificant amount of money, it amounted to only around 2 •4 en require e,,en n1ore sustained attention and resourc~s to attain 1.-v-
percent of the total expenditures for public elementary and secondar els of academic achievement reached by other students. 101 for exampl"',
hools in the19 United Stales (approximately s639.5 billion in the fiscal rles Sharkev fou nd that chi1dren fron1 families \vho lived in po\
201
rear of 5), which already was woefully inad equate to properly edu- t\,'O generations scored significantl}' lo,ver on reading and langua
te all children in the United States. Nevl'rtheless, this amount has been mprehension te~ts than did children li\1i11g 1n po\'erty for one genera-
Jr\ 1i O, P. \ \ '\ <
JUSTJPI TRC,N(~F.R l•CU
.
non, c \ t:
>, ' n aner con trolling for other fa..,to1~ that ,
lain •
aria ns a
10 la, gcr of t\VO ,ve1ght-.. dctern11ned under two Jiffcrent rubr1cs. 110 Under
iated \Vith ch1ldrcn·s c.ogni t1, e J evelopn1cnt.
the fir~t rubric, as ex.plained earlier, ~c.hool districts receive a weighted
t,,
1ttlc r con tains 0 1orn1ulas, the "Conccnlratio11 Gran ts" and the
child cou11t for the total percentage of students they serve \,rho are
,...,.~-rgeted Grants," hoth of ,v hich Congrcs~ designed to addresc; the e, ~ 11
• But under the second rt1br1c, school districts receive a \\ cighted
1
udenl~ all school districts recei\'e the same a1noun t or 111oney per
gests that 1t is the percentage of poor students 1.n the school that affects
nr under this forn1ula once the dis trict meets the eligibility 1equirr- tudent achievement, not the total number of students. 1
menl, irrespective of ,,,hether a district has 15 percen t of its student ird, all of the Title I formulas take into consideration a state's ave, -
h, in £! in pO\"t!rt)' or 99 percen t. 10 • Further, the Concentration Grant (0 ge per-pupil exper1diture to determine the an1ounts of the award'> tha
•~n\' or tne other form ulas) does not take into accour1t the fact that stu- tates and school districts receive!'" Con~ress n1ay have dec.1dcd to take
den t5 fron1 famihes that ha, e lived in poverty for h \' O or more ge11era- into accou nt the states' expenditures for at least two possible reason ....
ions require even more resources than do students ,vhose fan1ilies have irst, Congress may have \\'anted to 1dentify a figure that ,-.·ould accu-
lived 111 poverty for one generation. telv reflec t the cost of edt1cating student\ in that geographic area. 1 · '
he ·rargeted Grant forn1ula, on the other hand, do es account for rtheless, as the United States General Accounting Office and schol-
ncen trated vovertv to a ~reater extent than the Concentration vrant have noted, actt1al state educ~tion expenditures are not strongl
docs. but 1t stiJl falls short. A sc}1ool distri ct is eligible to receive a Tar- iated \\'ith geographic costs. 116 Second, Con~ress mav have sou~ht
ted Grant 1f it serves at least ten poor students or if at least 5 percent to provide an incentive for states to spend more on public edu
its students are hv1ng in poverty. 105 Once a d1str1 ct meets this eligibilit Realistically, ho,, ever, Title I probabl}' doe<; ver}' little to motivate c;tat
1
requirement, the federal govern ment distri butes funds using \Veighted to spend more on education because federal fl1nds account for onlv a
106
hild counts. For exampl e, a d1str1ct in ,vhich .01 percent to approxi- mall portion of a state,s total education budget, and statec; ,vould ha\'e
mately 16 oercent of its students live 1n poverty receives a \Veighted child to spend a great deal more to rece1\re mean1ngfu] 1ncrea~es 1n f1tle
1.0. ,vhereas a district in ,vhich approxim atel,, 18 percen t or u11ds. L1s 1hus) because poorer states tend to spe11d Je~s on public cdu, .,-
nore ot its students hve in po,rerty receives a \veighted child count tion, scholars conclude that the end result of a,, ard 1ng 'f 1tle I funds in
101
4.0. Stated another \vay, districts 1n \V}1ich 40 percent of the student proportion to a state)s average per-pupil expenditure 1c; to penalize poor
Jive in poverty recei, e four tin1es as much fund ing per student as a di,- nd re\vard \Vealth,, states, fu rther exacerbating per-pupil spen, •-
1ct tn which 15 percent of the students live in poverty. While this i i112 ineaualities across states.
119
better than the Concentration Grant, the fed eral government only ap· Fourth, Title I does not do enough to ensure that ~tates avoid th
propriatcd 24 percent of alJ of tl1e Title I funds through th e TarQ'eted practice of using fed eral fttn<ls to supplant instead of supplement thei
Jlt formula during the 2016 fi scal year. 108 T11is amount simplv is not urrent expenditures on education. 120 ,\'h1le "st1pplen1cnt, not supplant"
nough to address the severe inequalities that plague our nation. pro\,,isions ,vere included for th e firs t t1m~ 1n tl1e 1970 ESEA amend -
. 'Urther, the Targeted Grant also inexplicably a\vards higher funding ments, 121 O\'er the }'ears Congres..c; has chan~ed the standards or refused
\Vetl!ht~ for the total nu111ber of poor students a district serves. 109 That i to enforce them, making it eas}r for states to si111ply replace their edu,~,.,_
th tion expenditu res \Vith federal fundc;, thereby reduc1ng their o,vn e• -
e fi nal weighted child count under the Targeted Grant resuJts from th
- ~Jfl't/Lfl'lJJ ~J>'1lf/l 1>AP7.17)J), 117h i i ,,TTTl71r1,h l":7~ILTH.I.VJ!Y.JJUJa:r1.:1:10.,nrm11» --11• •~11
o I JASON r , \'\' C r
in!!' per puptl for a State, local educational agency, or school,"m makm nd, NCLB caused many of our nation's scnoo1s to <;urter rrom
it difficult for the US Department of Education to craft regulations t d goal displacen1ent. 14 1 That 1s, 1nsteaa or rocus1ng on a
promote more equitable spending among schools within a d1stnc . . t· 1)2 In 1ate lear11ing outcomes such as developing critical th1nk111g sk11l..,,
ddttion, Title I does not require a school district to include "S talf sal- preparing for higher-education opportunities and the \\'Ork.force 111 a
11 dilferentials for years of employment" in its comparability analys, lobal economv, and creating lifelong learners, educators ,vere com
It files• ''-"' .. ~~ --:urance that it has implemented a district-wide sal· elled to narrov. their focus to helping students achieve a .. profic.tent''
arv <chedule. "' 1h15 exemption permits school districts receivimr Title n a standardized exam. 1 ~ 1 Thus, NCl.B led to sever'1l unintended
I funds to exclude teacher salaries, which mak, utts. particularly in poor di~trictc:, serving underachieving <itudent..,,
each schools p l . uo a high percenta _
er pup1 expend1tures, from the mparabihtv anaJvsi- ,.u uch as a narro,,ring of the ct1rriculu1n; an intense focus on mult1pl
choice test-taking skills; less creative and engaging classes, fe\,·er pro1ect-
based learning activities; less time on or the eltm1nation ot art~, mu51"',
dr3n1a, social studies, and other important subjects that are not te!>ted;
I , 'I>
' .
nd , )e55 t1111
JUS'flJ:ICATro ~'lS PO J' R ( n RT N I
11 r 10111 ng i111porta11t
~
lu dt1
i,,e lear11in blern-sol\ in il Is. ~Uch a
• n m tin g schedt1le, developn1ent, student demographic dic;ae:ereea-
I 111ar1 hol l1Jt school itizenship. 143
iaJ gnn llShing- lo\v. ubject matter to be tested as NC,I.B., I.,;, but it is distincti
11.ns:r studer1ts ot1t of t l1ei r scl1 ls, in an 1 Nl.;LB 1n irnportant ways. As with N(.,LB, states are permitted
tt id nav1n
l1e1r Jo,\· scores count again5t the111, b develop their o,vn "challenging" acaden1ic standards. 1 .HO~'ever,
usoendi11g, expellin • •Y
jne: tl1em to la\v enror refer- ates are 110\v al5o permitted to devise their owr1 goals a11d ac(.ount
ment for certain infrac tions thc:y commii on
hool grou11ds. i.,,~ Da,,i il1tv structures that 1nust include the fo1lo\ving indicators. "academi
iillio found evidence of this worrisome trend
b,, examining data rron hievement, as n1easured b} proficiency on the annual a<;sessments ;
lorida school districts on student suspension
11a sta1 1dard1zea test nother measure of student growth "that allows for meaningful dirrerer1-
.• iglio fo und that schools tended tu g,
harsher oumshments for the same offense to low-performing studen iatio11 in school perforn1ance,,, such as graduation rates for hie-h school'"··
than to high-performing students. Figlio also found that the dirrerence ''progress in achieving English language proficiency''; and. ''n
1cator of school quality and student success," such as student
in ounishment fo r similar offenses grew wider during testing windo11
ngagement;· ·'educator engagement;' dstudent access to and compJet1or1
r students enrolled in grades that administered high-stakes tests. 145
advanced course,vork/' "postsecondary readiness," or "school clin1at
urth. even assuming that focusing so m uch attention on a state-
n lv.» 157 Thus, "'11ereas under NCLB the annual as<;essments \Vere
wide achievement test is beneficial for our students, it appears that th
th means to evaluate schools, unaer .t.~~A annual assessn1en
high-stakes accountability approach did little to improve student test
now represent one ot tour factors to \\'hich state~ can a~si2n anv evalu
res or reduce achievement gaps. 146 Empirical research shows at best tive 1tveight, as long a~ that weight is "substantial'' (although "substantial',
mall l!ains and at worst no gains or even declin es in student achi is undefined) , and, in the aggregate, states give greater e\-aluat1vc \veieht
147
nient scnres. But even if there were some small gains, one question to the first three factors than the fourth factor. 15
whether the significant costs merit these small benefits. 1 nother primary difference bet,".reen NCLB and ESSA is the a, -
inallv. Nr.r.R did almost nothing at all to promote student inte- untability str t1c ture. Under NCLB, all sch ools had to make annual
rat1on.1•9 Nrr B did compel school dist ricts t rlv progress to\vard proficiency in student assessments in
1 intradistrict
n5ter policies for Title I students in failing sch ls. 1so r, th ~'""'"' ti\·e labels and sanctions set forth 1n the statute. 1 re-
~
licies did not promote meaningful student int tion fort r,..,.. _ quires state interve11tion onlv fo r "the Io,\'est-performine- c; percent
ns. f irst, most student poverty and racial ion exist between JI scl1001s,. and "hi2h schools in the State failing to graduate one thi
districts instead of within districts, making meaningful integration ver r 1nore ot their st udents.,, 160 Thus, for the vast majorit)' of schools in
ifficul t under that policy. 15 1 Second, the bu rd en oft ran sfer ri n!! school the United States. ESSA doe5 not imoose federal consequences fo r fai J-
ell on students and parents, and there were no incentives for nonfailin in2 to n1ake an nual p rogress tO\\'ard state-determined goals, requi r1n
hools to ar-rPpt or recruit these students. 152 Thus, it was far more Jikel nlv that states and schools devise their own improvemen t plans ,vhen
stu
r dents from more ad vantaged famil ies to find wa}.,S to transfer t hooJs fail to 1neet the state·s assigned criteria. 161 Thus, as Michael Hei
better schools than for students from disadvantaired families to do so. 15.l bserves, ,vhile us tan da rds-setti ng and acco untability mechanisn1~ . ..
under NCLB ,vas among NCLB's hall marks[,] ESSA, in contrast, affords
rv ~·tuden tates greater autonomy, both in ter1ns of control over substantive sta11-
s
dards settine and the consequences for states that fail to achieve their
n DPr-Pmb
10 , 2 01c;, then ment goals:' 16
ied in th reauthorization the ESEA, emb
I dent Succ nea into la,-v.•~.. At n its face contai ions that are ai t narrO\v-
r • •
ema1ns a test- 1n ducational ineaualiti...". example9 t t authori mal} incre~~
u11tabilit mJ reg uirinfl th
I .JASON r. N
JUSTlflCATIO fRONGER A N I s
t .. "ngli!>h Jangua prog1 nr11s,1 - manda .
Jear11i11e
duL~1tional opportu111li 1
•
tLtdents .
111, o]\ ed i11 the Juveni}
les rnore
164
inallv, ESSA, c;in1ilar to its predecc\,or, still reauires states that re
tt.111, and 11rovi . . . eJUShc
lain protect1or1!>, 1ntlud1ng school pl· 1ve rcderal education funds to conduct student academic assessments
tabilit \l to students ,, h acernen
1
re ho1neless or involved 1n the t .l l
111 public c;choo]s for accountab1Itty purposes, even if it prohibits th
,~tt'Ol. f)' It also rcquir,, u~ er-care
h state to de\ elop a plan that describe dcral go\ ernrnent fron1 <leterr11ini n~ ho\v to wei2h those assess men
ho,,, lo,, 1ncon1e and n1in tcstc;. 112 Having a continued emphasis on high-stakes tcstin2 most Jikel
it I' children will not be disproporttonatcl
r,·ed h,· teachers ,vh ,viJI continue lo put students at risk of being ~ubiected lo the oe1 verse
are inexperienced, out of field, or inetfective.1
In add1t1on, 1t perrn1t ts of the high-stakes accountab1hty mo\-'erncnt <les1.:ribed earh ....
hool districts to enter into an experimental pro.
rain that consolidat cdcral, state, and local funds to create a single
undmg system using a weighted per-pupil allocation that accounts for nclusion
poverty and other d1sadvanta1?es for students. ' 67 It also provides grant
nsortiums of districts to expand interdistrict and regional magne Under our current public education system, 1nequalities in educational
p .
an1s to promote 1ntegra t 10n. 168 1 pportunities for stude11ts of colo r and students \,·ho live in povcr
\\
1
hile it 1s too ear]\' to fulJ}, understand the effect th ere and harm our childr~n and nation in seriou5 \-\'ays. The rat1• •-
,.,, 11 L -·.
H W Ucl\"
- - - - _ . . , .., 4 L
nales for the federal go, er11n1ent to address the<ie education inequaliti
n our public education system, there are serious concerns that hs cur-
e straightfor\vard, especially because n1ost ~tales de> not appear t
nt structure ,,·ill not adequatel}' address the educational inequahnes
addressing these inequalities in a meaningful \\'a}', as thjs volun1e
tare so deepl} embedded \Vithin our nation. First, and most unpor-
introduction persuasively explains. Education inequalities threaten the
kept Title I funds large!)' flat. In 2018, Title I funding ror ustainability of our den1ocracy and decrease the quality ot hte ror n11•-
1
disad, antaged students ,vas s15.4 bUl1011, ,, hich an1ounts to only a...
lion5 of 1nd1viduals. InequJl1tics also oose '-ievert economic harm to our
roximateI,, 2.4 percent of the total expenditures for public element~,.,. nation in t,vo ma1or fo1ms. First, go\ern1nents lose billions of dollars in
169
and secondary, education. As explained earlier, rnany people estimate lost tax revenue that ,, ould accompany incrcac;ed earnings by a n1ore
that poor students require at least 40 percent more resources (or much ducated ,vorkforce. Second, poor education 5V~tems lead to billion
rnore) than other students to achieve comparable academic levels.110 dollars in increased government expenditures by putting more 1ndividu-
1c;.4 b11l 1on simply 1s not enough to close the educational inequalit1 .ls on a path,,,ay that leads to tncarceration, poor health, and inLreased
gaps that plague our nation. Second, ESSA does not address the prob- dependency 011 govern1nent \velfare pr
lems associated \vith the rules governi11g the disbursements of Title I Furthermore, not onl) ,,·ould addressing the 1nequalit1e.s of our pub-
unds discussed earlier, ,vhich also severe!)' lin, it Title J's ability to nar- lic education svstem put our nation on a more secu re path democrat1-
\V 1nequaliti_.,,
llv, economically, and soc1all), but addressing these 1nequal1t1e~ 1
Third, ESSA transfers the power over education accounta bility back istent ,v1th the n1oral \·alucs to,, hich our nation ought to ad-
the state'i. \ \'hile it is still too early to tell, we should not be surpn~ed here. Lin1its to a child's future should not be determined bv factor!> that
at all if states accomplish very little to close education inequality gap n1oletel}' outside a child's control, ~uch as in ,vhat ne11?hborhood
iven the states' general refusal to promote equal educa tional oppor- u ~hild lives or the income levels of the child·s parents. Rather, as thr
tunity on their own in the past, 1 7 1 especialJy ,vhen th e}' have not been ,,rise philosopher and refor1ner John De,\ey astute!\ observed over one
given more resources to do so. Indeed, in exchange for federal full<l,, hundred vears ago, "\\'hat the best and ,,risest parent ,,·ants for his 0,,1
does not require state~ to create more equitable school fu nd in hild, that must the community ,vant for all of it" children Any other
terns across districts or to ensure that everv student will have an op- ideal for our schools is narro,v and unlo, ely; acted upon, 1t destroys our
nnnunin, to attend a middJe-cla~s schooJ. democracv:· 1
I ~ P. ~ANCI
Ithou 11.h the kdern I go\ ein men t has }>J, scd seve ra] legi <.J. t .. 1'10 ( ) .L I
under its ,pendmg power, with the Intent to improve the qua)ih, . , a l\:efKac
. 'I O and ""ll Id.
education, th1\ lesnslatt~n thu~. far has farled
. to dose the opportuni,y
I 0. 'J AT AS 'f- HOi\fIRSKY & DAVI( J I A l\t ... I NDING GAPS 2015 : TOO
achil~\ ernent 2aps and, m some ways, has cre.itcd tondit1ons for the•• JANY PEN SS ON UD J U[)CNTS \VHC) N.r .BD 1'11
qualilles to expand. !he time has come for a much-stronger responseb1n. -l\,
~tOST l 2015). http://c<ltrust.or...
he federal go\ernment to ensure that all children ha\ e access lo a q11a1i l 1 J,
12 See Juli n Lafortune ct al., School t-u1a11 Re{or,n and the Distributto,r 1t
ducation. '" As Marta l'ienda and Sigal Alon remmd us, clearly we haf~
chiei• nenr J3 (Nat'l Hur(au of Econ . .R search, \Vorkin~ Paper No. 22011
the iust1fica tions Jnd resources to make the necessary torrections and 2.016),
ut our nation on a more secure path. \Vhethcr we have sufficient polifl. See Rtch.ird f). 1'.ahlenberg, Fro,n All \\'c1/ks of Life; 1\J rhool /11t,c,ra
al MIi to do so 1s an entireh d1fierent quc$tion altogether. i-- 1011 A~t. fl>LCATOR, \\'inter 2012-13, at 3.
1-.. Ro\lyn Arlin \t1ckelson & ~lartha Ilottia, Integrate ,n... llo n "Jth-
N'OTES
,atics Or1tco111ef: A Synthesis of Social Science Re.search, 88 N .c. r,. RH\' .
he author lh au b 5.i ra L S.1lcm for the a'-"~tan cc she pTO\ 1dcd for th I~ book 93, 1028-29 (2010); Sean F. Reardon, School s~gregatfon .a nd R11cial )\Lu·
hapter tnuc Achirve,nent Gtlps 1, 10, 19-20 ( \tan ford Ctr. for Educ. Polic.y Analyst.,,
\Vorking Paper "'-.o 15 12, 2016); Ru5\t:ll \\'. Rurnhcrger &
1. Ste , .•. , Meredith Phillip~ & Tilfan, Chin, School Ineq11n/ity: What Do Wt Mow.,
ur ,oc1AL •~rQLAL11·y 467, soo (Kathnn l\.1. Necken11an ed. 2004)
-grcgation Still J\Jatter? Thf. Impact of Studtnt Co,np 0'1 011
•
JVJL RIGH JS, l:~ DLP' ""' I\Chit·ve,ncnt j,i High School, 107 TCHns. c. RllC . 1999, 2002, 200n-
01· IiDt'c., 2013-2014 CJ\'Jl 005).
OLLEC1 IO~. IRST I
1' 6 ... (2016); OPF I CF Or CJVfL 15. Rear<lon, sup not(' 14, at 21 .
IGHTS, u~ l>F.P-T OF l!DUC ••, PROTI!C1 INC, <"' l \'Jt Rl~H rs ..ADVA'iCING
16. HLATlli' nv FOU~D .. HOUSIN POLICY I
QUITY 16-17 (2015); l/S GOV 'T ACCO l' 1' TAD I l ,ITY OH IC.I:, G ~0- 16- HS,
5C'HOOl POLICY: LY I RATIVE I I PkO l'r
K-12 EDUCATJO \ : DRTTI!R l:~l or JNFOR.\f.trrnM 1 (} ULD HEL ,- n u r.."1•
Dl!.i\1IC. S SS I!'\ i\iONTGO 0 D 5-1 (2010
lTIS IDENllfY Dl~PARfTJES AhD ADDR.C~5 RACI.
J!)C Rli\.fJI\AlIOh l 7. Set NA l' 'L C 1 R. l · 0 R E D U ,,, • . , O.IGE~'J' OP llDUCA'l'tO l'J I ,
21-22 (2016) fhere1nafterGAn rinucAT10 , Rl PORrI.
. llRA}.JI. ADAf.lSO~
table 221 .20. http~ lnces.cd.Qo (]ast visited i1ay 9, 2018 1 •
DA RI I NG-HA ,\1,\t O, ..,, 18. Jd One ob~Lrvc~ c;uniJar gaps r mathematic nchievcrnent among these udent
tss, SPEA "'I 0 I.A RJ
R. l OR A~f. PR
\\, HA "C JT \V'ILL TAKL ro GET QUALJflJ ..... , groups :,ee td. at tJ.blc 222.20.
TIVu Tl;;ACHlRS l""° All
0."1.fl\tU>t.JJ l'Irs 15-22 (2011); Linda Darling 9. Set Jon.ithan Rabinovitz_ Local Education Jne,Jt,ilfes across U.S. Revt'.cJ/ed ,n ,ve-"'
J.t1mmond, lnequalit;· a11
urces· t1'hat It ivi/1 lake to Close the Q ... tan/ord Data Stt, s1 A :,..1 o Rn N n,,,s, Apr. 29, 2016, https://ne\\'S.stanford.edu.
- l'JG TH
l I\' AP: \\· HA T A \1 ER I
20. Id
M
0 crvc I!\'URY CHfLD AN EVEN CHAN 1. S ean I- Rt.irdon, The Viidcn,n{! Ac,aae, t GllD b the Rich
rter . . .
Kc,,n C.,. \Velner c<ls. 1 2013) , "/ (Prud t.nc" -· ,, Ire Poor. 24 CO:\t~IL 'XIJ'Y I.NV. 19, 20 (2012).
. SttGAo rnucA1roN RUPonr.s11pranote2.at10; ... 2. Rab1no, 1tz. supra nntl! 1
t.· 'J/ .