The scoop

Draft Race to the Top regulations would ban New York State

The Obama administration’s proposed regulations on a $4.3 billion federal fund for schools would block New York State from receiving any of the money, according to a draft copy of the regulations that I obtained today.

States that block schools from using “data about student achievement” to evaluate teachers would be banned from applying to the fund, called the Race to the Top grant, under the proposed regulations. (The ban is written in a tricky double-negative way, saying that only states that don’t have such a law are eligible to apply for grants.)

The regulations define “student achievement” as “a student’s score on the State’s standardized test,” for subjects that are tested. For subjects that aren’t part of federally required testing regimes, states can propose an alternative measure, including scores on quizzes known as “interim assessments.”

New York State law prohibits principals from using student test scores when deciding whether to give a teacher tenure or not. The law was passed last year after private lobbying by the state teachers’ union, and against loud objections from the Bloomberg administration.

A spokesman for Secretary of Education Arne Duncan, Peter Cunningham, confirmed the language in a brief phone call just now. The draft regulations will be released publicly at midnight tonight, Cunningham said.

The Race to the Top fund is a tiny slice of the $97.5 billion federal stimulus package for education, meant to spur innovation. Obama administration officials have indicated they will use the fund to steer states and local school districts towards policies federal school officials support. Duncan and members of his administration have mentioned policies banning the use of student test scores and caps on charter schools as likely targets.

The proposed regulations would leave a window for states such as New York to receive the Race to the Top dollars if they revise their education laws in the next year. The regulations outline two phases of grant-making, one accepting applications “in late 2009” and the other in “mid-late Spring 2010.”

The second phase is designed for “States that need more time — for example, to pass legislation, engage stakeholders and secure commitments, or develop thoughtful plans,” according to the draft regulations.

The draft regulations would also give preference to states that meet other policy priorities, such as by agreeing to pursue national curriculum standards and by not limiting the number of charter schools. But the regulations would not bar states that do not meet those criteria from applying for Race to the Top money.

Before warning against applications by states with specifically policies, Duncan singled out New York State and New York City as good candidates to apply to the fund. He said the city’s school policies fit into the wider purpose outlined for the fund, which is outlined in four categories: “standards and assessment, improving teacher effectiveness and achieving equity in teacher distribution, improving collection and use of data, and supporting struggling schools.”

A former head of the city’s accountability office, James Liebman, is now tasked to the special project of writing an application for the grant.

Student Voice

Boasting impressive resumes, five Newark students compete for a school board seat

PHOTO: Newark Public Schools
Top row: Amanda Amponsah, Nailah Cornish, Andre Ferreira. Bottom row: Shalom Jimoh, Emmanuel Ogbonnaya.

Earlier this year, Newark residents elected three new members to the city’s re-empowered school board. Now, public school students can choose one of their own to join the board, which in February became the district’s governing body for the first time in more than two decades.

Students have until midnight on Tuesday, June 5, to vote online for a rising 12th-grader to represent their interests on the school board. The winning student representative will provide the board with student perspectives on district policy, but will not be permitted to vote.

Eligible candidates are required to have a minimum 3.0 grade-point average, a satisfactory disciplinary record, and to submit peer and faculty recommendations. Last week, the five candidates participated in a debate, which can be heard here.

The candidates are:

  • Amanda Amponsah, of University High School, who is class president, captain of the softball team, a member of the marching band, and an aspiring pediatric oncologist.
  • Nailah Cornish, of Barringer Academy of Arts and Humanities, who plays basketball and volleyball, runs her own modeling program, and plans to study law and business in college.
  • Andre Ferreira, of Science Park High School, who is a soccer player, debater, and vice president of the student leadership organization. He plans to major in political science and aspires to work for the United Nations.
  • Shalom Jimoh, of Weequahic High School, who immigrated from Nigeria, and is now a member of the student government council, the National Honor Society, and the track and volleyball teams. She plans to study medicine and theater arts in college.
  • Emmanuel Ogbonnaya, of Weequahic High School, who serves as school photographer, soccer team captain, and is a member of the National Honor Society. Emmanuel wants to study engineering, and then start a company that combines photography, architecture, and engineering.

The winner will join the board at an historic moment. Control of the district reverted to the city in February, when state officials determined the district had met its requirements for home rule. The district had been run by the state for 22 years prior.

Last year, more than 1,200 students  — or about 13 percent of Newark public high school students — voted for a student representative to the school board, which then functioned in an advisory capacity only. This year, a Newark student group tried to ramp up turnout with text messages and a video posted on Facebook encouraging voting.

“The student representative will work closely with administrators and board members to make sure that all student voices are heard,” according to a video produced in advance of the vote by the Youth Media Symposium at the Abbott Leadership Institute, a Newark civic-engagement group. “Now that we have local control, this is more crucial than ever.”

As of 4 p.m. Tuesday, 1,381 votes had been cast. District officials said the winner will be announced Friday, and will be introduced publicly at the board’s June 12 meeting. The representative will then be required to attend at least four board meetings and various district events during the 2018–2019 academic year.

devos watch

Asked again about school staff referring students to ICE, DeVos says ‘I don’t think they can’

Education Secretary Betsy DeVos testifies during a Senate Appropriations Subcommittee hearing on Capitol Hill, June 5, 2018 in Washington, DC. (Photo by Mark Wilson/Getty Images)

Pressed to clarify her stance on whether school staff could report undocumented students to immigration authorities, Education Secretary Betsy DeVos avoided giving a clear answer before eventually saying, “I don’t think they can.”

It was an odd exchange before the U.S. Senate Appropriations Subcommittee, during a hearing that was meant to focus on budget issues but offered a prime opportunity for Senate Democrats to grill DeVos on other topics.

Chris Murphy, a Democratic senator from Connecticut, focused on DeVos’s comments a few weeks ago at House hearing where she said that it was “a school decision” whether to report undocumented students to Immigration and Customs Enforcement.

Civil rights groups responded sharply, calling it an inaccurate description of the department’s own rules and the Supreme Court case, Plyler v. Doe, that says schools must educate undocumented students.

In a statement after that hearing, DeVos seemed to walk back her comments, saying, “Schools are not, and should never become, immigration enforcement zones.” DeVos also referenced the Plyler case on Tuesday, while initially avoiding multiple chances to offer a yes or no response to whether school officials could call ICE on a student.

In response to DeVos’s latest remarks, her spokesperson Liz Hill said, “She did not avoid the question and was very clear schools are not, and should not ever become, immigration enforcement zones. Every child should feel safe going to school.”

Here’s the full exchange between DeVos and Murphy:

Murphy: Let me ask you about a question that you were presented with in a House hearing around the question of whether teachers should refer undocumented students to ICE for immigration enforcement. In the hearing I think you stated that that should be up to each individual state or school district. And then you released a follow-up statement in which you said that, ‘our nation has both a legal and moral obligation to educate every child,’ and is well-established under the Supreme Court’s ruling in Plyler and has been in my consistent position since day one. I’m worried that that statement is still not clear on this very important question of whether or not a teacher or a principal is allowed to call ICE to report an undocumented student under federal law. Can a teacher or principal call ICE to report an undocumented student under current federal law?

DeVos: I will refer back again to the settled case in Plyler vs. Doe in 1982, which says students that are not documented have the right to an education. I think it’s incumbent on us to ensure that those students have a safe and secure environment to attend school, to learn, and I maintain that.

Murphy: Let me ask the question again: Is it OK – you’re the secretary of education, there are a lot of schools that want guidance, and want to understand what the law is — is it OK for a teacher or principal to call ICE to report an undocumented student?

DeVos: I think a school is a sacrosanct place for student to be able to learn and they should be protected there.

Murphy: You seem to be very purposefully not giving a yes or no answer. I think there’s a lot of educators that want to know whether this is permissible.

DeVos: I think educators know in their hearts that they need to ensure that students have a safe place to learn.

Murphy: Why are you so — why are you not answering the question?

DeVos: I think I am answering the question.

Murphy: The question is yes or no. Can a principal call ICE on a student? Is that allowed under federal law? You’re the secretary of education.

DeVos: In a school setting, a student has the right to be there and the right to learn, and so everything surrounding that should protect that and enhance that student’s opportunity and that student’s environment.

Murphy: So they can’t call ICE?

DeVos: I don’t think they can.

Murphy: OK, thank you.