Decision on Connecticut NCLB lawsuit

Judge Kravitz's April 28th , 2008 decision on the administrative appeal aspects of Connecticut's NCLB suit is linked here: C:\Documents and Settings\mbell\Desktop\NCLB DECISION on summary judgment 4-28-2008 (3).htm
The decision finds that the Secretary’s decisions denying Connecticut’s requests to test ELL students after three years and to test students with disabilities at their instructional rather than grade level, per their IEP, are consistent with the statute and regulations and thus not arbitrary and capricious.
The ruling finds that Connecticut waived any claim with regard to a hearing on those requests and that it never presented to the Secretary (and so could not have decided in court) a claim under the Unfunded Mandates provision with regard to those requests.

IRA Government Relations Update, April 11, 2008

Overview

The House of Representatives has all but given up any hope of passing a new No Child Left Behind Act (NCLB) this year. The Senate is still saying that they are working on a new version. What we have heard is that the Senate’s bill may not be comprehensive but rather reflect where there is consensus on changing NCLB. The House may take some of the programs of NCLB and pass them individually, but even this is unclear. What is happening is that the reauthorization of the Higher Education Act is moving ahead and is being actively discussed by the education committee staffs of both chambers with the expectation that they may be able to pass a compromised version soon.

Funding

Funding for education is currently being debated in two separate, yet related Congressional processes. First is the budget where overall spending levels are fixed. Both the House and Senate are pushing for budget allocations for education that would be increases over this year’s level, both are planning for modest increases. Parallel to this process is the appropriations process which takes the overall allocation and distributes it to the specific programs. Currently the House and Senate appropriators are taking testimony from government and non-government experts. Next week the Senate appropriators are going to talk with the Department about teacher programs. It is anticipated that the House and Senate will propose increased levels but at the end of the year that they will not have an appropriations bill that the president will sign.

Selected Reading Legislative Issues

Reading First
Reading First is a part of No Child Left Behind that has been highly controversial. Over the past several years the U.S. Department of Education issued several inspector general reports that found fault with how the program was administered. Last year, the Secretary of Education reorganized the program and stated that she would follow all of the recommendations. However, Congress cut the program by over 61%. Now there is a push to take many of the procedural recommendations from the inspector general reports and codify them into federal law. There is both a Democratic and a Republican proposal to accomplish this task. What is unclear is whether or not this legislation will need to wait for the full reauthorization of NCLB or whether it may move alone.

Striving Readers
Striving Readers is the name of a small adolescent literacy program administered by the US Department of Education and a legislative imitative long backed by IRA. The legislation, when passed, would provide funds to high-need school districts to support new reading programs designed to help "struggling readers" to become proficient readers. It has been hoped that when NCLB is rewritten that this new legislative initiative would be passed. The legislation has a wide range of bipartisan support.

Higher Education Reauthorization (HEA)

Currently staff members from the Senate, Health, Education, Labor and Pensions Committee (HELP) and the House Education and Labor Committee are meeting to iron out any differences between the House (HR 4137) and Senate(S 1642) bill. They are working against an April 30th deadline (which can be extended).
Of particular IRA interest is the literacy training provision for elementary and secondary school teachers and literacy coaches along with a definition of literacy coach.
In the current House HEA draft is a section defining partnership grants. It establishes:
` (6) LITERACY TRAINING- Establishing and implementing a program that strengthens content knowledge and teaching skills of elementary and secondary school teachers or literacy coaches that--
`(A) provides teacher training in reading instruction for elementary or secondary school teachers or literacy coaches who train classroom teachers to implement literacy programs; or who tutor students with intense individualized reading, writing, and subject matter instruction during or beyond the school day;
`(B) develops or redesigns rigorous evidenced-based reading curricula that are aligned with challenging State academic content standards, as required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, and with postsecondary standards for reading and writing;
`(C) provides opportunities for teachers to plan and assess instruction with other teachers, school leaders, and faculty at institutions of higher education;
`(D) Provides training and professional development for principals to prepare them to understand the teaching of reading, guide instruction, and foster school improvement.; and
‘(E) establishes an evaluation and accountability plan for activities conducted under this paragraph to measure the impact of such activities.
One draft definition for a literacy coach being proposed includes the following:
The term `literacy coach' means a professional:
whose primary role with teachers and school personnel is to--
(i) provide high-quality professional development opportunities for teachers and school personnel;
(ii) collaborate with paraprofessionals, teachers, administrators, and the community served by the school in the areas of reading and writing; and
(iii) work cooperatively and collaboratively with other professionals in planning programs to meet the needs of diverse population learners, including children with disabilities and students who are limited English proficient; and
(C) who may provide students with--
(i) reflective, inquiry-based reading or writing diagnosis, instruction, and assessment; and
(ii) reading and writing assessment, in cooperation with other professionals (such as special education teachers, speech and language teachers, and school psychologists).

IRA Professional Development Initiative

During the February 2008 Legislative Workshop IRA members went to meet with their representatives. Ten reported back that they thought that their member had an interest in championing IRA’s Professional Development Initiative. Currently, staff is meeting to follow-up.
The initiative proposes that professional development funds for reading be available for all grade levels plus pre-service teacher education. The purpose would be to provide for:
*Resources to Ensure That Reading Instruction Is Continuously and Effectively Improved,
*Recruiting and Retaining High Quality Teachers in High Needs Schools,
*Identifying, Implementing, and Disseminating Effective Evidence-Based Reading Practices, and
*Raising Reading Performance and Closing the Achievement Gap Through High Quality Professional Development.

Regulations from US ED

In late March, Secretary Spellings of the US Department of Education issued a statement outlining a new program to allow ten states to apply for a new program that would change how schools identified for school improvement are treated. Specifically, states will be able to differentiate how schools with many groups of students who are not making AYP are treated with respect to intervention in contrast to the schools that have only one or two groups that are failing to make AYP. Both groups will still need to be eligible for public school choice and supplemental education services. Any state that chooses to apply must state how their program will insure that high need students are receiving the high levels of instruction that they need. Applications are due to the US Department of Education by May 2nd.

Next steps

Questions about when the Higher Education Act may be finalized and whether or not the provisions IRA supports are included in the final version are still open. The lack of a full reauthorization of NCLB is stimulating discussion around the idea that some parts may move this year while other more controversial parts await a future debate. Meanwhile, the US Department of Education continues to issue guidance on areas of NCLB where there is a consensus that change needs to be pushed such as on the differentiated accountability pilots (this follows the changes that have allowed for growth models to be used). Even when there is little going on, there are changes taking place.

IRA responds to NAEP writing results

Media contact: John Micklos, Editor, Reading Today
Telephone 302-731-1600, ext. 250
E-mail: jmicklos@reading.org; website www.reading.org


Time, Resources Needed to Bridge the Gap in Writing Scores:
International Reading Association Responds to NAEP Writing Results


NEWARK, DELAWARE, USA –"As educators, we need to devote time and resources to writing instruction if we want to see continued improved scores and a narrowing of the achievement gap," said Cathy Roller, Director of Research and Policy for the International Reading Association, responding to today's release of The Nation's Report Card: Writing 2007. "Teachers also need access to high-quality materials and ongoing professional development. This is especially important in urban schools, which often face challenges created by high levels of poverty and student bodies with large numbers of Black and Hispanic students, who continue to score at lower levels than Whites and Asians."

We need to place emphasis on both reading and writing in order to raise overall writing scores and to narrow racial/ethnic achievement gaps and gaps between students in urban schools and students in other settings, said Roller. Results of the nationwide assessment showed gains among both 8th- and 12th-graders, as well as gains among most racial/ethnic groups and in several large school districts that participated in the Trial Urban District Assessments. However, significant gaps remain between girls and boys, White students and Black and Hispanic students, and large urban districts and the nation as a whole.

The 2007 NAEP writing assessment was administered between January and March 2007 to approximately 140,000 students at grade 8 and 28,000 students at grade 12. The assessment provided an overview of student achievement in narrative writing, informative writing, and persuasive writing. Results were presented nationally for both 8th- and 12th-grade students, and in 10 participating urban districts for 8th-graders only.

The International Reading Association is a community of reading professionals with more than 80,000 members in nearly 100 countries, dedicated to promoting higher achievement levels in literacy, reading, and communication worldwide. A network of 1,250 councils and more than 40 national affiliates forms the working foundation for the Association. The Association has spotlighted urban education issues in a number of ways. For further information, visit the Association's website at www.reading.org and click on the Quick Links box. Once inside that page, click on Urban Education for recommended readings and other resources.

IRA Legislative Update, March 14, 2008

Overview
The Congress has recessed for the next two weeks. Each chamber has finished their version of the budget for the upcoming year. When they come back they will meet to finish that work and write one budget. The rewriting of the Higher Education Act is coming close to the end and when members return it is expected that they will finish. Sitting in the wings is the rewriting of the No Child Left Behind Act. While most now think there is little to no chance of finish rewriting it this year, there is still some discussion of taking parts out and seeing if they could pass. All of this is taking place in an election year, which means that the number of legislative workdays is fewer, and the willingness to compromise is smaller. As the days tick off, legislators begin to wonder if they will get a better deal by finishing their task now or by waiting a year.

Budget and Appropriations
Both the House and Senate have finished working on their individual versions of the budget. The budget is a congressional blueprint that allocates money between various areas (mandated programs, defense and non-defense discretionary) and, in theory, balances spending in these areas against anticipated revenues. They do this by planning in five year segments. These overall categories are then used to allocate money to the appropriators.

During this debate both chambers stated that they wanted to spend more money on education than the president proposed in his budget and what was spent last year. Several key areas were voted on. One was to put more money in the budget for high school and drop out prevention programs. While this doesn’t have the force of law, it does indicate what many members of Congress think is important.

When the Congressional members get back to DC, they will then discuss both bills and create a joint budget document. The next step is appropriations.

This year the appropriations process will have a special twist. Most Democrats believe that if they wait until next January they will have a larger majority in the Congress AND someone different in the White House. This last point is important because the President has said he will veto any appropriations bill that is higher than his recommendation.
Clearly it will be important to push for higher amounts for literacy and education programs. Pushing for higher amounts now will result in Congress having to build from this base.

Higher Education Act
Usually this Act has moderate interest to IRA. Generally speaking, the bill provides money for student loans and grants, with some attention to other areas such as teacher education. Over the last five or six years, the awareness that teacher education is important has impacted how this bill is structured. In the current House and Senate drafts there is language to support literacy coaches and increased reading education programs for elementary and secondary teachers. As this language is debated we may be asking for support from the IRA Legislative Action Team. During the recent IRA Legislative Workshop, several members of the IRA were able to reinforce the importance of reading pre-service and in-service programs to their state representatives.

No Child Left Behind Act
At the beginning of the year, most pundits in education policy were saying that there was no chance for NCLB would be rewritten this year. It looks like they were right. Every day that ticks by means that there is less chance of passing this massive bill. Still, Senator Kennedy (D-MA) is saying that his staff is drafting a bill that will be released soon. The question now is: will they be moving a comprehensive bill or a slimmed down version that would only include areas of agreement. Congress has until early October to finish their legislative work, but realistically the summer will be shortened with the two presidential party conventions in addition to adjourning for the fall elections (which includes the entire House and 1/3rd of the Senate).

IRA Professional Development Initiative
IRA believes that there must be a major national investment in teacher preparation and professional development to ensure that high-need students are provided continuous high-quality reading instruction throughout their schooling experiences.

Therefore, IRA has developed a set of legislative recommendations for a new federal program to provide funds to consortiums of local school districts, state education agencies, and higher education teacher preparation programs to support and sustain the reading professional development of educators.

This comprehensive initiative will include all grade levels plus pre-service teacher education to ensure that every teacher is competent to teach reading to students of various ability levels through:
* Resources to Ensure That Reading Instruction Is Continuously and Effectively Improved,
* Recruiting and Retaining High Quality Teachers in High Needs Schools,
* Identifying, Implementing, and Disseminating Effective Evidence-Based Reading Practices,
* Raising Reading Performance and Closing the Achievement Gap Through High Quality Professional Development,
* Developing Community Partnerships

Currently we are following up with a set of meetings with ten members of Congress who told their IRA Legislative Action Team members who visited them during the Legislative Workshop that they would be interested in considering sponsoring this measure.

IRA to Propose New Legislative Initiative

The Elementary and Secondary Education Act has been rewritten eight times since it was originally signed into law in 1965. With each change the bill has shifted more and more from being a source of funds to supplement the amount of money local school districts in the United States can spend on high-need children to a statute that has an increasingly wider set of requirements for what is being taught.
Unfortunately, the act hasn’t enhanced the capacity of the system to progressively expand the quality of the education the neediest youths are receiving. IRA is proposing to change that.
In December 2007 the IRA Board of Directors passed a motion to proceed with the development of a set of legislative recommendations to expand the capacity of local schools to improve their educational programs. The recommendation is to establish a new federal program that provides funds to schools to support multi-year professional development of teachers to expand and improve their knowledge of reading instruction. The proposed program would provide money to local school districts, state education agencies, and higher education teacher education programs over several years to enhance professional development and teacher education.
IRA’s Government Relations Legislative Workshop, scheduled for February 21–22 in Washington, DC, is expected to emphasize this new initiative, and attendees will work to expand Congressional support for it. The IRA Legislative Action Team (LAT) will also be asked to lend its voice to explaining the need and raising awareness of why professional development is critical to the success of any literacy initiative. In addition, IRA state council legislative chairs will be asked to support this initiative by providing information to IRA state council members.
This is a presidential and Congressional election year in the United States, and most observers believe that large-scale legislation is almost impossible to pass. However, there is also a tradition of smaller, more bipartisan initiatives passing during election years. The key for passage is to focus on a common area of need—such as education—and provide a focused initiative that demonstrates leadership. A professional development program that covers all grade levels plus pre-service teacher can be such an initiative.
For more information contact the IRA Washington Office at irawash@reading.org. Watch future issues of Reading Today for updates on this initiative.

IRA Audio Call: Update on the President's FY 09 budget request and NCLB reauthorization

Join Richard Long, IRA Director of Government Relations, in a live audio-conference on Tuesday, February 19, at 8:00 pm EST as he gives an update on the President's FY 09 budget request and NCLB reauthorization.

This will be a free service, but registration is limited. Participants are asked to register by February 14 with irawash@reading.org to receive the
call-in number and a Power Point set of slides.

Dr. Long will brief callers for about 20 minutes and then answer questions. Participants are asked to e-mail their questions in advance to irawash@reading.org. We cannot guarantee that all questions will be answered during the call. We will try to answer all questions by e-mail. Concise questions are encouraged. Please be sure to include your name and affiliation when posting your questions.

FY 2009 President's Education Budget

On February 4, 2008, President Bush unveiled his FY 2009 Budget. Information on the President's FY 2009 Education Budget Request includes summary and background information by program area, detailed budget tables, and State tables.
http://www.ed.gov/about/overview/budget/budget09/summary/index.html

State tables show how funds will be distributed under State formula-allocated and selected student aid programs. State allocations for fiscal years 2008 and 2009 are preliminary estimates based on currently available data. Allocations based on new data may result in significant changes from these preliminary estimates.
http://www.gpoaccess.gov/usbudget/fy09/bis.html