At the end of the day, what really matters when it comes to the education of children? After the school doors are locked and the politicians have gone home, do parents really care what credentials their children’s teachers have obtained, or how many students are in each class, or how many hours their children sat at a desk, or the condition of the plumbing in their children’s school buildings? They care, but only as it relates to whether or not their children are doing well in school. No matter who we are, we want our children to succeed. We want their generation to do better than ours, and obtaining a quality education is an important cor- nerstone of their future success. In almost every circum- stance, becoming a productive, independent healthy adult requires literacy, and it is the opportunity for lit- eracy that has been promised to every child entering our
public education system.
This difficult time in American history clearly il- lustrates the need for a literate citizenry. Behind the touching displays of patriotism are serious questions. What does it mean to be an American? Why is our sys-
Forafreecountry, wherethevastmajority ofpeoplemustbe dependedupontoself- governwisely,earntheir ownliving,and participatefullyas informedcitizens,wide- spreadilliteracyisjust notanoption.
tem of governance and en- terprise so unique? What does freedom of thought, speech and belief mean in America compared to much of the rest of the world? What is required to maintain freedom? These are weighty matters that deserve genuine reflection and debate, the type that can only come from a lit- erate people.
If an additional re- minder is necessary as to why literacy matters, we need only to look back at the 2000 presidential elec- tion. In the two Florida
counties, Miami-Dade and Broward, where the contro- versial ballots were cast, between one-third and one-half of all adults are functionally illiterate. As Wall Street Journal
columnist Holman W. Jenkins Jr. said, “People who can’t read or write may be capable of making perfectly realis- tic political judgments, but they’re going to have a harder time translating this into a clean ballot.”
In 1992, the National Adult Literacy Survey devel- oped classification system to determine the impact of low literacy among adults. The five levels they created are now commonly used to classify adults’ literacy skills ranging from Level 1, where adults cannot read well enough to fill out a job application or read a food label, to Level 5, where adults can read, comprehend and as- similate complex material. One in four Americans is considered to be at Level 1. What does this mean? Ac- cording to the National Institute for Literacy, it means the following:
Employment Status: Adults at Level 1 worked an
average of 19 weeks a year, compared to an average of 44 weeks per year for those at Level 5.
Income: Adults at Level 1 earned a median income
less than one-third that of adults at Level 5 .
Poverty: Some 43 percent of adults at Level 1 were living in poverty, compared to 4 percent at Level 5.
Welfare: Three out of four food stamp recipients
performed at the two lowest literacy levels.
Crime: Seven out of ten prisoners performed at the lowest two literacy levels.
For a free country, where the vast majority of people must be depended upon to self-govern wisely, earn their own living, and participate fully as informed citizens, wide-spread illiteracy is just not an option.
How do we achieve higher levels of literacy for all citizens, beginning with our youth?
Two schools of thought have always existed regard- ing how best to educate children: the progressive and the classical. Broadly speaking, the progressivist contends that, since children are naturally enthusiastic about learn- ing, most will eventually choose to learn that which is necessary; if not, they can be guided to it. Progressivists believe that the body of necessary knowledge changes frequently making the process of learning of equal or greater value than learning facts and knowledge. Higher and lower- order thinking routinely mix regardless of age or academic background. Since knowledge and the methods by which
EVERGREEN FREEDOM FOUNDATION • SCHOOL DIRECTORS’ HANDBOOK • V
it is disseminated change frequently, it’s imperative to the progressivist to centralize content, methods, assess- ment and delivery systems to ensure uniform results for all children, especially the disadvantaged.
The second philosophy presumes that an identifi- able and unchanging base of knowledge and skills exists for all people in all times, and that higher order think- ing can only be built on a foundation of rudimentary, unchanging facts and knowledge. Classicists maintain that all young people regardless of age, socioeconomic
Inthenot-too-distant future,educationwill beprovidedwhere andwhenstudents andtheirparentscan bestaccessit.
background or interest level benefit from a specific and progressive course of study. They presume that a principal obligation of primary and secondary education is to transmit essential knowledge and skills through teachers and teaching tools. Though classicists generally agree on academic content and the end goals of education,
they differ broadly on the best instructional and deliv- ery systems. Some adamantly maintain that a rigidly structured system is essential; others are quite elastic and eclectic.
While remarkable discoveries have been made re- garding how students learn and the best instructional strategies to use to teach various types of students, ac- tual academic results are quite unsettling. Students of all socioeconomic backgrounds are underachieving, an outcome of education reform efforts that have too often been based on extrapolation and speculation instead of scientific discovery and documented experience. This may be because the reigning pedagogical and ideologi- cal selection falls to the interest groups with the greatest political capital. As a result, our public education sys- tem has become, at best, a patchwork of arrangements and traditions; at worst, a treacherous maze.
It is very difficult for school directors to success- fully govern. Sentiment from teachers and administra- tors indicate it’s no picnic for them either. We believe significant change in education is not too far around the corner, but that it will likely disturb many people in all ideological camps because of its decentralized nature. After all, the age of technology has just begun. What children learn, the amount they will absorb and how they will obtain knowledge and skills will change sig-
nificantly. We should guide this change, but not be afraid of it.
In the not-too-distant future, education will be pro- vided where and when students and their parents can best access it. The venues and calendar will change. Colleges of education are used to arranging education menus and timelines, forcing education consumers to adhere to what the academicians think is best. The time for this patronizing behavior is coming to a close. Re- member when the grocery store just sold groceries? Now we can also buy fishing worms, get a flu shot and take home a ready-made dinner. The market responded to consumer needs. The same thing will eventually hap- pen in education.
Schools will have to make more efficient use of re- sources, and this does not mean blindfolded march to- ward cost cutting. It means improving student performance by weighing costs and benefits.
When it’s all said and done, education reforms that work are not large, wholesale endeavors. Success is achieved in decentralized environments where innova- tion and experimentation are encouraged, academic es- sentials are paramount, consumers are king and success by students and educators is rewarded.
The chapters in this book contain just a smattering of issues that matter to school directors, teachers and parents. We hope it will spark discussion about alterna- tives. This document will be followed with a major study on student assessments as well as a journal chronicling the incredible opportunities for schools and parents pro- vided by distance learning.
Children’s time is valuable and so is the heritage of literacy we are duty-bound to leave them. In terms of education, at the end of the day, that’s what matters.
vi • SCHOOL DIRECTOR’S HANDBOOK • EVERGREEN FREEDOM FOUNDATION
Former Governor Lowry once said that the most embarrassing policy question he was ever asked was where exactly does all the money go that we collect for K-12 public education. Part of the challenge in answering this question rests with the complicated budget process itself; another rests with the large organizational structure sur- rounding K-12 public education.
School directors certainly aren’t the only people who need to make sense of the budget, and they definitely aren’t the only decision-makers when it comes to how the money is spent. But school directors are responsible to provide proper financial management of their districts. Unfortunately, in most districts, the budget process is complex and unwieldy. In fact, when newly elected school directors see their first budget, they often wonder how to make heads or tails of it.
Where do the expenditure and revenue numbers come from and on what assumptions are they based? What are the major budget drivers and the key vari- ables? Is trend data available? Are the central policies adopted based on sound research and best practices? How do we know?
Confusing or not, the budget is the most impor- tant document school board members will review dur- ing the course of any year. It is through the budget process that priorities are established, refined or scrapped. The budget provides an opportunity to discuss and es- tablish benchmarks and evaluation measures. Under- standing how to use the budget as a snapshot of the past and a tool for the future is essential to good manage- ment of scarce resources.
Part of the difficulty in understanding how K-12 education is financed is that it is multi-faceted: layers of funds, funding formulas, programs, reporting, ac- counting, and audit requirements. The pages that fol- low attempt to break the K-12 education budget into small bites that are easily digested and understood.
Organization: constitutional and statutory
Provision for the funding of Washington state’s pub- lic schools begins with the state constitution. This foun- dation is further shaped, tempered, and sized by state and federal laws, rules adopted by the state Superinten- dent of Public Instruction and the State Board of Edu- cation, court decisions, the will of Washington citizens as expressed through the initiative process, and to some extent the state of the economy. Each of these factors play a somewhat different role.
The state constitution supplies the pri- mary legal foundation for the state’s public schools saying that, “It is the paramount duty of the state to make ample provisions for the education of all children residing within its borders….The legislature shall provide for a general and uniform system of public schools.”1 Tradition and the courts have in- terpreted this to mean that the legislature will define and fund basic education.
Duties under the Washington State Constitution
Article IX, Sec. 1: Preamble
It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex.
Article IX, Sec. 2: Public School System The legislature shall provide for a general and uniform system of public schools. The public school system shall include common schools, and such high schools, normal schools, and technical schools as may hereafter be established. But the entire revenue derived from the common school fund and the state tax for common schools shall be exclusively applied to the support of the common schools.
Accordingly, the legislature drafted the Basic Education Act in 1977and has followed this with several revisions since.2
Superintendent of Public Instruction (SPI)
The Office of the Superintendent of Public Instruc- tion is established by the state constitution. The super- intendent is elected, on a non-partisan basis, every four years by the voters of the state. The SPI is an executive of the state charged with “supervision over all matters pertaining to the public schools and shall perform spe- cific duties as may be prescribed by law….”3
The superintendent’s chief responsibilities are to:4
Collect and report school information to state and federal authorities, prepare requested reports, and provide state agencies with information for policy and budget making
Secure laws and appropriations from state and federal governments and implement those laws
Apportion and distribute money to local school districts and educational service districts, approve and monitor the budgets of the ESDs and school districts, and administer school construction funds
Provide technical help in finance and curricu- lum matters to the ESDs and school districts,
Issue certification for teachers, support personnel, and administrators of the K-12 system
Act as an ex officio member and CEO of the
State Board of Education
In addition to providing direction to ensure that students achieve the state’s four learning goals,5 the SPI is required to estimate the amount of state support nec- essary to carry out the law. Simply stated, this means the SPI must submit to the governor a proposed K-12 budget for each biennium. The governor adds the SPI’s
projections into his December semi-annual budget pro- posal to the legislature.
Policies, rules and regulations adopted by agencies of the state in interpreting and carrying out state law are contained in the Washington Administrative Code (WAC). Both the Superintendent of Public Instruction (SPI) and the State Board of Education (SBE) adopt rules to administer, implement and ensure compliance with the program requirements of the Basic Education Act.6
The State Board of Education
This eleven-member body, created in 1877 by the Legislature of the Territory of Washington, consists of a member from each congressional district, a representa- tive of the private schools, and the Superintendent of Public Instruction. Two high school students serve as ex officio members of this board.
The duties of the board are to establish rules, regu- lations, and guidelines for educator certification; approve continuing education programs; allocate state assistance for school construction; approve school district basic education programs, accredit schools, set minimum high school graduation requirements, and approve pri-
vate schools.7
The board annually reviews each school district’s K-12 education program to determine compliance with the basic education requirements. Each school district is certified as being in com- pliance or noncompliance every March. Basic education support funds may be deducted for a school district found in noncompliance. Basic education requirements include minimum pro- gram course offerings and hours, basic skills and work skills activities, classroom teacher contact hours, appropriate student-teacher ratios, compli- ance with the 180-day minimum school year, cer- tificated staff with current and valid certificates, and assignment of classroom teachers and educa- tional associates.
Washington State School Directors Association
Table SF-1. Source: Serving on Your Local School Board, Washington State School Directors’ Association, p. 13
This is a self-governing, self-funded associa- tion of school board directors established by the legislature in 1947. All school directors are auto- matically members of the association. Its two- fold purpose is to assist school directors in governing community schools and to strive to im- prove student learning.8
Educational Service Districts (ESDs)
Educational Service Districts (ESDs) are regional units created by statute evolved from county superin- tendents. There are currently nine ESDs in the state of Washington. Each is governed by a board, consisting of either seven or nine members, in which each member represents a sub-division (director district) of the dis- trict.9
The ESDs are to
provide informational services to local school districts
assist the Office of the Superintendent of Public Instruction in performance of its duties
provide services to school districts to assure equal educational opportunities
The ESDs depend on the state, federal government, and local school districts for their funding. Their bud- gets are approved and monitored by the SPI. State aid is appropriated by the legislature to the SPI for alloca- tion to the ESDs and federal aid is allocated directly to ESDs or through grants administered by the SPI.
Leadershipteam roles
Schoolboard Superintendent
Governs Manages
(Guides, directs) (Administers, operates)
Decides what
Decides how
Requests information
Seeks & provides information
Considers issues
Provides recommendations
Creates, reviews & adopts
policy
Recommends & carries out
policy
Approves & reviews plans
Implements plans
Monitors progress
Reports progress
Contracts with personnel
Supervises hiring process &
practices
Approves evaluation criteria
& procedures
Supervises and evaluates
personnel
Approves and reviews budget Formulates budget
Represents public interests
Acts in public interest
School Districts
Local school districts are the statutory delivery sys- tem of instructional programs for students. They are, by law, corporate bodies which possess all of the usual powers of a corporation for public purposes. There are currently 296 local school districts in Washington. Each consists of a board of directors (usually five) elected by the voters to serve four-year, staggered terms.
School district boards of directors are charged, by law, with:
“ . . . the final responsibility for the setting of policies ensuring quality in the content and extent of its educational program and that such provide students with the oppor- tunity to achieve those skills which are gen- erally recognized as requisite to learning,”10 enforcing “ . . . the rules and regulations pre- scribed by the Superintendent of Public In- struction and the State Board of Education
for the government of schools, pupils, and certificated employees,”11 and
ensuring “ . . . the optimum learning atmo- sphere of the classroom is maintained.” 12
School districts are managed by a district superin- tendent responsible to the board of directors for carry- ing out district policy, administering the operation of the district and schools, supervising district personnel, and advising the board of directors on all educational matters for the welfare and interest of students.
The school boards are governing bodies. Their func- tion is not to operate the school district, but to see that it is run effectively. The board’s focus is determining what the district should accomplish and developing policies to carry out these goals.
In addition to the board of directors and superin- tendent, school district personnel will include certifi- cated administrative personnel (such as principals), certificated instructional personnel (teachers), educa- tional staff associates (counselors, librarians, school nurses, psychologists, etc.), and classified personnel
(clerks, custodians, bus drivers, and
2001-03 operating budget: Public schools
(Dollars in Thousands)
As pased by the legislat
GF-S T otal
OSPI & Statewide Programs | 61,304 | 2 |
General Apportionment | 7,512,176 | 7,5 |
Pupil T ransportation | 387,491 | 3 |
School Food Services | 6,200 | 2 |
Special Education | 839,908 | 1,0 |
T raffic Safety Education | 6,183 | |
Educational service Districts | 9,536 | |
Levy Equalization | 284,644 | 2 |
Elementary/Secondary School Improv | 0 | 2 |
Institutional Education | 38,248 | |
ED of Highly Capable Students | 12,840 | |
Student Achievement Program | 0 | 3 |
Education Reform | 72,245 | |
T ransitional Bilingual Instruction | 88,215 | |
Learning Assistance Program (LAP) | 139,410 | 1 |
Block Grants | 37,031 | |
Better Schools Program | 8,996 | |
Compensation Adjustments | 398,659 | 3 |
Common School Construction 0 1
T otal Public S chools 9,903,086 11,5
Table SF-2. Source: State Summary, Senate Ways and Means Committee, June 2001
food service workers, etc.).
School financing
Court decisions
It is impossible to discuss school financing without noting the impact of voter initiatives and various court decisions. Three court decisions have forced significant changes in the funding formulas of K-12 edu- cation in Washington state. These are known as the Doran Decisions after Thurston County Superior Court Justice Robert Doran, who issued the judgments.
Doran I
In 1975-76, the Seattle school district, frustrated after the defeat of two special levies, sued the state claiming it had not met its consti- tutional duty to make ample provi- sion for education. The Thurston County Superior Court agreed and, in 1977, issued a declaratory judg- ment by Judge Doran, later known
Basic Education Act — Goal
RCW 28A.150.210
The goal of the Basic Education Act for the schools of the state of Washington set forth in this chapter shall be to provide students with the opportunity to become responsible citizens, to contribute to their own economic well-being and to that of their families and communities, and to enjoy productive and satisfying lives. To these ends, the goals of each school district, with the involvement of parents and community members, shall be to provide opportunities for all students to develop the knowledge and skills essential to:
Read with comprehension, write with skill, and communicate effectively and responsibly in a variety of ways and settings;
Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; civics and history; geography; arts; and health and fitness;
Think analytically, logically, and creatively, and to integrate experience and knowledge to form reasoned judgments and solve problems; and
Understand the importance of work and how performance, effort, and decisions directly affect future career and educational opportunities.
as the Doran Decision I.13 It found that:
State funding was insufficient to fund a basic program of education
The legislature must define and fully fund a program of basic education
In 1978, the Washington State Supreme Court upheld Judge Doran’s decision by a 6- 3 margin.14
The result was the adoption by the legis- lature of the Basic Education Act of 1977 (since amended by later legislatures). The Act defined basic education, established a revised funding formula, significantly increased state funding, and limited the amount and pur- pose of special levies. It described the con- tent of educational programs school districts must provide to satisfy these goals and set a formula in place for funding basic education based on ratios of district employees per stu- dent rather than dollars per student.
Doran II
In 1983, in response to a petition from several school districts, Judge Doran rendered a decision that included in the state’s constitutional duty to fund basic educa- tion special-education programs for handicapped chil- dren, transition bilingual education, and remediation assistance.15 The judge ruled that the state was also re- quired to fund transportation for handicapped children who need help traveling to and from school or those living too far from school, whether handicapped or not. Judge Doran further held that once the legislature decided how many dollars were required to fully fund basic education, it could not later provide less than that
amount.
Doran III
Again in 1988 Superior Court Justice Doran ad- dressed the state’s formula for funding special-educa- tion.16 He affirmed the formula and the formula approach to funding and identified the need for a “safety net” to address any demonstrated under-funding of spe- cial education within a school district. The decision did not require action by the legislature, but stated gen- eral guidelines to be used as a matter of law.
In turn, the legislature, in 1995, set a new formula in place for funding special education and included a “safety net” allocation within it.17
Initiatives enacted
Initiative 601 – General fund expenditure limit
This initiative appeared on the November 1993 ballot and was approved by Washington state voters.
It placed a limit (or cap) on the growth of expendi- tures from the state general fund (usually 55-60 percent of overall state spending). The limit or cap is equal to a three-year moving average of the rates of population growth and inflation.
I-601 relates to basic education funding in more than one way. The K-12 education programs receive monies from the state general fund. Any preset limit or cap on expenditures from the general fund will, as a result, probably also limit increases in the dollars which can go toward education. Secondly, funds in excess of the general fund limit go into the Emergency Reserve Fund (ERF), created by I-601, until the ERF exceeds five percent of the projected biennial revenues. Excess funds in the ERF then flow into the Education Con- struction Fund (ECF) to support school construction.
Initiative 695 – $30 license tags and repeal of motor vehicle excise tax
This initiative appeared on the November 1999 ballot and was approved by 56 percent of Washington state voters. The goals of I-695 were to repeal the un- popular Motor Vehicle Excise Tax (MVET), replacing
it with a $30 license tab fee, and to make any tax and fee increase by state and local government subject to voter approval. The MVET had represented the fourth larg- est component of the tax sources of revenue for the state (about seven percent of the general fund source rev- enues).
The Superior Court declared I-695 unconstitu- tional, but the legislature subsequently approved the $30 tab fee.18
This reduction in revenue for the state general fund, in turn, resulted in fewer dollars available for all alloca- tions, including education. Education expenditures usually represented about 45 percent of monies avail- able in the state general fund.
Initiative 732 – School employee cost of living adjustment
This initiative appeared on the November 2000 ballot and was approved by 63 percent of Washington state voters. I-732 requires that all school employees re- ceive an annual cost of living adjustment (COLA) in accordance with the Puget Sound (Seattle, Tacoma and Bremerton) consumer price index (CPI). The all-school employee category includes all K-12 school employees, community and technical college faculty, and technical college classified employees.
Initiative 728 – The student achievement act
Billions
This initiative appeared on the November 2000 ballot and was approved by nearly 72 percent of Wash- ington state voters. It directs surplus state revenues to dedi- cated funds to provide additional resources for K-12
$7
$6
$5
$4
$3
$2
$1
Historical Expenditures
2000 Constant Dollars
$0
79-80
81-82
83-84
85-86
87-88
89-90
91-92
93-94
95-96
97-98
99-00
Figure SF-1: Historical expenditures on public schools. Source:
Organization and Financing of Washington Schools, OSPI, p. 119
public schools in six areas, which are listed below. I-728 avoids the I-601 spending limitations by establishing a new dedicated fund, the Student Achievement Fund (SAF), which will receive most of I-728 revenues and will pay for the expanded programs described in the ini- tiative. In effect, I-728 is an “end run” around the ex- penditure limit.
The SAF money will be distributed to public school districts based on enrollment, and will provide funding to:
reduce class sizes in K-4
make selected class size reductions in grades 5-12
provide extended learning for students in K- 12.
provide additional professional development for educators
provide early assistance for children who need pre-kindergarten support
provide improvements or additions to school facilities that are directly related to class size reductions and extended learning opportuni- ties
Although the initiative identifies six major goals, local communities will determine just how the money is spent. Essentially, I-728 amounts to a sizable discre- tionary grant. Time will tell whether the funds are spent as advertised to the voters and to educators.
State revenues: Where does the money come from?
The finances used to run school districts comes from three primary sources: state, federal and local allocations. Almost half the state’s general fund is spent on public schools. In the 1999-2000 biennium, 72.58 percent of school district general fund revenues came from the state government. See Table SF-3. Taxes are the major sources of state general fund revenues; chiefly sales tax, occupa- tion (B & O) tax, and property tax. With the original passage of I-601 the motor vehicle excise taxes are no longer a general fund tax source.
A school district’s funds are divided and described as follows:
General fund – Accounts for all financial
resources of the district except those required by law or financial management purposes to be in another fund.
Millions
Capital projects fund – Accounts for the costs of constructing or remodeling school buildings or acquiring property. Bond proceeds for construction or remodeling are deposited in this fund.
Transportation vehicle fund – Ac-
counts for the purchase, major repair, and rebuilding of pupil transportation vehicles.
Debt service fund – Accounts which
accumulate resources for the payment of long term debt principal and interest. Property taxes levied for this purpose are deposited in this fund.
Associated student body fund –
Accounts for the activities of the associated student body. Revenue from fund raising activities is used for sports, clubs, or other student activities.
The amount of money each district receives
5,000
4,500
4,000
3,500
3,000
2,500
2,000
1,500
1,000
500
0
State Local
Federal
1979
1981
1983
1985
1987
1989
1991
1993
1995
1997
1999
Figure SF-2: Major sources of general fund revenue. Source: 1999 Data Book, Office of Financial Management, p. 88.
is determined by the use of various formulas, but the major funding factors controlling school district alloca- tions for basic education are the number of students and district employees, and employee salaries (with av- erage experience and education of the teaching staff be- ing the driver).
State funding formulas are applied to the number of students in each grade level to determine how much money the state will provide to the district to support basic education programs. Most of this amount is used for teacher salaries and benefits. The number of stu- dents in a classroom, the student-teacher ratio, and the state salary schedule fixes the funding that the district will receive for teachers salaries. In actual practice, dis- trict-level collective bargaining may cause a difference in the rates of teacher and staff pay compared to the legislatively fixed schedule. As a result of the passage of I-732 in November 2000, districts will receive funding
S ources of general fund revenue, 1999-2000
State | 72.58% |
L ocal | 18.93% |
Federal | 7.71% |
Other | 0.78% |
Table SF-3. Source: School Financial Summary, OSPI
to pay most of its employees an additional 3.7% effec- tive on September 1, 2001.
Additionally, school districts also receive state rev- enues for funding specific programs, such as handi- capped education, the highly capable (gifted) student program, pupil transportation, the learning assistance program, bilingual education, block grants, property tax levy equalization and school construction.
The formulas adjust for districts with small num- bers of enrolled students, districts with a small number of high schools, secondary vocational and skills centers, large enrollment increases in a given month, private school and summer enrollments, and home-based stu- dent services. Running Start students enrolled in a com- munity or technical college are reported and funded separately.
Supplies, equipment, utilities, and other non-people costs are referred to as “non-employee related costs” (NERCs). The state allocates an amount, set by the legislature, for each teacher, administrator, or state cer- tified district employee. The state money is given to the districts in monthly payments, which vary somewhat month-to-month.
Other state-funded programs include:
Special Education and Safety Net
State Institutions Educational Programs
Learning Assistance Programs
Better Schools
Transitional Bilingual Programs
Student Achievement Funds (I-728 based)
Traffic Safety Education
Highly Capable Students Programs
Local Education Enhancement Programs
Day Care
School Food Service
Pupil Transportation Services
Federal revenues
In the 1998-1999 school year, almost eight percent of the school districts general fund (maintenance and operations) came from federal sources. See Table SF-3. These funds were for programs like:
The Improving America’s Schools Act (ISA)
School food services (lunch and snacks)
Special Education, supplemental
Day care
Head Start
Indian Education programs
Bilingual programs
Eisenhower Professional Development
Vocational Education
Skills Centers
Youth training programs
The Technology Literacy Challenge
Other special purpose grants
Districts also receive federal funds for reimburse- ment of losses due to reduced property revenues and the increased cost of educational programs created by military bases and Indian reservations. This is known as “federal impact aid.”
Local revenues
Local revenue sources made up nearly19 percent of the total school district general fund revenues for the 1998-99 school fiscal year. See Table SF-3.
The state constitution gives school districts the au- thority to levy local property taxes with the approval of the voters in a district. Such local levies are often called “excess levies” or “special levies” because they are in ex- cess of the one percent statutory limit on property tax and because they require voter approval.19
These levies may fund general maintenance and op- erations needs, capital needs, or be used to redeem bond principal and interest. School districts may issue bonds, given the approval of 60 percent of the voters, up to a statutory limit of 5 percent of assessed values. The bonds are amortized over a number of years, authorized at the
time the bond issue is approved. Some-
2001-02 K-12 Salary Allocation T able for Certificated Ins
Years of Service BA BA+ 15 BA+ 30 BA+ 45 BA+ 90 BA+ 135
times bond funds are not immediately needed and are tem-
porarily invested. The resulting interest | ||||||||
0 | 27,467 | 28,209 | 28,977 | 29,746 | 32,219 | 33,811 | 3 | is a minor source of |
1 | 27,836 | 28,588 | 29,366 | 30,171 | 32,668 | 34,252 | 3 | local revenue for the |
2 | 28,464 | 29,231 | 30,025 | 30,900 | 33,414 | 35,030 | 3 | district. |
3 | 29,401 | 30,192 | 31,009 | 31,931 | 34,490 | 36,177 | 3 | Reliance on lev- |
4 | 30,063 | 30,896 | 31,727 | 32,689 | 35,290 | 37,007 | 3 | ies declined and then |
5 | 30,750 | 31,595 | 32,443 | 33,468 | 36,085 | 37,853 | 3 | slowly increased fol- |
6 | 31,147 | 31,974 | 32,850 | 33,928 | 36,531 | 38,308 | 3 | lowing the 1977 |
7 | 32,164 | 33,010 | 33,909 | 35,055 | 37,724 | 39,569 | 3 | Doran Decision and |
8 | 33,195 | 34,088 | 35,008 | 36,248 | 38,954 | 40,867 | 3 | the resulting passage |
9 | 35,205 | 36,169 | 37,455 | 40,223 | 42,201 | 4 | of the Basic Educa- | |
10 | 37,344 | 38,724 | 41,529 | 43,572 | 4 | tion Act of 1977. | ||
11 | 40,029 | 42,895 | 44,979 | 4 | These actions re- | |||
12 | 41,293 | 44,298 | 46,446 | 4 | quired the state to | |||
13 | 45,736 | 47,947 | 4 | fully fund basic edu- | ||||
14 | 47,181 | 49,505 | 4 | cation. Prior to | ||||
15 | 48,408 | 50,792 | 4 | 1977, maintenance | ||||
16 or more | 49,376 | 51,808 | 4 | and operations levies |
Table SF-4. Source: http://www.k12.wa.us/safs/PUB/PER/salsch.asp
made up as much as 30 percent of district general fund revenues.
Inter-district transfers are made from non-high school districts (districts without high schools make payments to neighboring districts for a portion of the costs of educating non-high district residents). This mechanism protects taxpayers in districts with high schools from subsidizing the education of students re- siding in non-high school districts.
Other local sources of revenue include:
payments for inter-district cooperative programs
student fees and tuition
investment earnings
grants and gifts
donations
lunch reimbursement
sales of materials
fines
insurance recovery monies
School district budgets
Writing the budget
The school board must adopt its budget prior to the beginning of the school year (September 1 to Au- gust 31 is the fiscal year). By law, the school district budget must be prepared by July 10.
The Washington State School Directors Association publishes excellent information regarding the school budget process, so only the basics are described in this document (www.wssda.org).
However, from years of experience analyzing nu- merous school budgets, we issue a strong challenge and caution: Most school board members neither understand nor investigate basic assumptions and financial trend data as it is presented to them by the district staff. For some reason, normally intelligent and frugal individu- als have difficulty applying the same sensibilities to a school budget as they do their household or business budgets. This is not to suggest that school directors should challenge every expenditure or micromanage every administrative decision. It underscores the reality that school directors must have the unvarnished and un- altered facts before they can be expected to make wise decisions.
Furthermore, school directors should feel free to explore opportunities outside the existing public edu- cation structure to deliver services in more cost effective,
efficient ways. The reason public schools exist is to pro- vide the opportunity for an excellent education to all students residing in our state’s borders. Public schools do not exist to provide guaranteed jobs for grown-ups. Before writing the budget the district must make some assumptions and projections about the coming
year(s). The assumptions are made for:
educational programs and goals – usually part of the district long range plans
enrollment, buildings needed, and courses to be offered
staffing, class room support, and administra- tive staff
salary negotiations, leaves, vacation, sick leaves, and employee benefits
inflation over the budget period
equipment purchases and replacements
pupil transportation – both mandatory and other
fund balances
extra-curricular activities
With these assumptions and projections in hand, the district creates the budget methodically filling-in the specific details on form F-195, the official school dis- trict budget document supplied by the OSPI. A com- pleted F-195 form will typically exceed 120 pages.
The budget will contain estimates of (a) revenues and expenditures for each fund for the budgeted year, for the current fiscal year, and actual revenues and ex- penditures for the last completed fiscal year; (b) begin- ning and ending fund balances, and (c) any self-balancing equity transfers, where applicable.
In addition to a completed F-195, the district must estimate state revenues using form F-203. All revenues are listed on F-203 and must be in agreement with the data used on the budget form (F-195).
Drafting successful budgets
Advance planning is critical to draft or approve an accurate and useful budget.
Develop a calendar for budget completion and work backwards assigning tasks, responsi- bilities and interim deadlines as necessary
Involve the administration and appropriate staff
Make certain board members understand and agree with the district’s strategic plan and long-range goals, since budget priorities are based on these decisions
General fund expenditures by program
S chool Year 1999-2000
Direct Program Dollars P ercent $
B asic Instruction | 2,841,095,307 | 44.9 |
Special Education | 581,393,637 | 9.2 |
Vocational / Skills Center | 241,611,769 | 3.8 |
Pupil T ransportation | 252,508,754 | 4.0 |
F ood services | 213,481,314 | 3.4 |
Compensatory Education | 321,905,642 | 5.1 |
Remediation | 108,843,054 | 1.8 |
Learning Assistance | 72,573,208 | 1.1 |
Bilingual Education | 52,356,305 | 0.8 |
S pecial and Pilot | 33,362,004 | 0.5 |
Institutions | 660,277 | 0.0 |
All Other | 54,110,794 | 0.9 |
Other Instruction | 167,415,137 | 2.6 |
Local Ed. Prog. Enhance. | 37,064,488 | 0.6 |
T raffic S afety Education | 15,241,895 | 0.2 |
Highly Capable | 12,046,097 | 0.2 |
All Other | 103,062,657 | 1.6 |
Community Service | 32,507,497 | 0.5 |
Other Support Services | 1,680,570,556 | 26.5 |
T otal Expenditures | $6,332,489,613 | 100.0 |
Table SF-5. Source: School District & ESD Financial Reporting Summary 1999-2000, OSPI, Section One.
district administration office, and that a copy will be furnished to any person who calls upon the district for it. The district is required to pro- vide a sufficient number of copies of the budget to meet reasonable demands of the public.21
In addition, every school district must publish a notice stating that the board of directors will meet for the purpose of fixing and adopting the budget for the coming fiscal year. The notice must tell the time and place of the meeting, which must occur no later than August 31 for first-class school districts (August 1 for second-class school districts). Such notice must be published at least once a week for two consecu- tive weeks in a newspaper of gen- eral circulation in the district. At the board meeting, any person may appear and be heard for or against any part of the budget.
Similarly, emergency or addi-
tional appropriation resolutions must be voted upon at public meet- ings with notice given in the man- ner described above. Any person may appear at the meeting at which the appropriate resolution is to be voted on and be heard for or against the adoption of the resolution.
Gather accurate trend/historical data
Review significant variables from the previous and current budget
Gather and review financial reports and forecasts
Involve the public in meaningful ways
When are school district budgets available to the public?
School district budgets for first-class districts are required, by law to be available to the public by July 20 (July 10 for second-class school districts) for the fiscal year beginning on the following September 1.20
Upon completion of their budgets, every school district must publish a notice stating that the district has completed the budget, placed it on file in the school
Also for the Student Achievement Fund (SAF) mon- ies, each district has the authority to decide the best use of the funds to assist students in meeting and exceeding the new education standards. Annually, on or before May 1, the school district shall meet for a public hear- ing on the proposed use of those funds to improve stu- dent achievement for the coming year. Any person may appear or by written submission have the opportunity to comment on the proposed plan for the use of the funds.22
Many school districts now have web sites on which board meetings, agendas, and meeting minutes are pub- lished.
When a district completes its budget, it must for- ward it for preliminary review and edit by the educa- tional service district (ESD).23 When the budget passes
General fund expenditures by object
S chool Year 1999-2000
Object of Expenditure Dollars P ercent $ / S Salaries & B enefits 5,213,732,919 82.3
Certificated 2,997,610,536 47.3
Classified 1,093,422,961 17.3
B enefits 1,122,699,422 17.7
ESD review, the budget documents are then submitted to the OSPI. The OSPI performs a final review and, if approved, a signed budget confirmation page is sent back to the school district.
Reading a school district budget
P urchased Services
Central/B uilding/Admin.
T eaching/T eaching Support Food S ervices
Utilities Insurance
Information Systems PupilT ransportation
Other
The current detailed budgets for each school district in Washington are available on the website of the Office of the Superintendent of Public Instruc- tion (www.K12.wa.us). Printed copies of the budget of each individual district are available at the business office of each school district.
Table SF-6. Source: School District & ESD Financial Reporting Summary 1999- 2000, OSPI, Section One.
T otal Expenditures
Supplies & Materials Capital Outlay
T ravel
The OSPI web site includes a fi- nancial profile for each district. This page displays the FTE enrollment, the staff count (certificated instructional, certificated administrative, and classi- fied staff ), revenues (state, federal, lo- cal levy, and other), expenditures (broken down by administration, in- struction, facilities, pupil transporta- tion, food service and other), the dollars of revenue and expenditures per student, and fund balances. Actual numbers are shown for the last two school years with the budgeted numbers for the last com-
pleted school year and the budget numbers for the cur- rent year.
The school district budget gives information on school expenditures—where the money goes—with four classifications. The classification of expenditures are by fund, program, activity, and object.
Expenditures by program represent major opera- tional components of the school district. These expen- ditures describe the categories that are directly involved with the instruction and education of students. Ex- amples of program categories are basic instruction, spe- cial education, vocational/skills centers, pupil transportation, food services, compensatory education, other instruction (like local educational program en- hancement), and community services. See Table SF-5.
Expenditures by object represent the goods and ser- vices acquired by a school district to accomplish the ob- jectives of a given program and activity. Examples of these object expenditures categories are salaries and ben-
597,743,983
58,681,192
188,407,689
17,755,742
153,308,636
27,430,211
24,565,293
61,793,322
65,801,898
9.4
0.8
2.9
0.3
2.4
0.5
0.5
1.0
1.0
405,739,093
94,890,798
20,382,820
6.5
1.5
0.3
$6,332,489,613
100
$
efits (certificated salaries, classified salaries, and benefits), purchased services (such as central administration, teach- ing/ teaching support, utilities, insurance, supplies and materials, capital outlays, and travel). See Table SF-6.
Expenditures by activity represent functions of school district operations that may cross program lines. The activities classification describes function areas that are directly involved in the object of the programs. Ex- amples of activity categories are administration (and su- pervision), instruction, facilities, transportation and food service. See Table SF-7.
The formal school budget gives little information on such items as changes in demographics, student suc- cesses and needs, programming successes and problems, community concerns, or details of special situations or conditions. Grasping these aspects of a school district requires a thorough understanding of the rationale be- hind the decisions that led to the budget document. This includes the district goals and plans and the strategies for achieving them. Becoming intimately involved in
General fund expenditures by activity
S chool Year 1999-2000
Activity Dollars P ercent
Administration | 831,812,341 | 13.0 |
Principals' Office | 392,546,926 | 6.2 |
Instruction - Supervision | 170,725,127 | 2.7 |
Superintendents' Office | 67,197,298 | 1.0 |
Business office | 77,085,279 | 1.2 |
Human resources | 39,915,256 | 0.6 |
Pupil T rans. - Supervision | 25,089,800 | 0.4 |
B oard of Directors | 24,060,620 | 0.4 |
Facilities - Supervision | 20,544,548 | 0.3 |
Food S ervice - Supervision | 14,647,487 | 0.2 |
Instruction | 4,388,956,209 | 69.4 |
T eaching | 3,718,622,146 | 58.8 |
Guidance & Counseling | 163,903,139 | 2.6 |
Learning Resources | 136,876,830 | 2.2 |
Extracurricular | 121,119,594 | 1.9 |
Pupil Management & S afety | 46,877,261 | 0.7 |
Health Related | 179,407,431 | 2.7 |
Payments to Other Districts | 22,149,808 | 0.4 |
School F acilities | 558,987,226 | 8.9 |
Operation of Buildings | 220,070,428 | 3.5 |
Utilities | 156,841,237 | 2.5 |
Maintenance | 137,426,830 | 2.2 |
Grounds Maintenance | 35,835,478 | 0.6 |
Plant S ecurity | 8,813,253 | 0.1 |
P upil T ransportation 226 160 076 3 6
Table SF-7. Source: School District & ESD Financial Reporting Summary 1999-2000,
OSPI, Section One.
the budgeting process and par- ticipating in the discussions and negotiations from which the bud- get is shaped during the preced- ing year is the only reasonable path.
One other approach to ex- amining a district’s finances is to compare the budgets of several other districts of similar size and regional characteristics for the same fiscal year. Comparing dis- tricts of similar regional charac- teristics means those with similar tax bases, personal income levels, numbers of English speaking and special needs populations, and cultural preferences. Compari- sons to districts with significant differences in services provided, those with vastly different levy and bond issue successes, or those experiencing recent annexations or consolidations should be avoided.
Comparing data from dis-
tricts of the same approximate size will tend to eliminate trends that arise from scaling factors alone. Examining how similarly sized districts fund their educa- tional operation and how and where they spend their dollars can point to potential problem areas or highlight facets of district op- eration that require further study. Another approach is district trend analysis. This involves ana- lyzing the trends in the operation of a single district by examining patterns of revenues, expendi- tures, staffing, and program em- phasis. Asking questions which highlight changes or continuing trend directions in one or more areas may point to aspects of dis- trict operation that need more analysis—questions like the fol-
lowing:
Is a significant increase or decrease
Thousands
in expenditures being proposed? $7
What seems to be the trend in
staffing levels and experience relative $6
to changes in student populations or $5
demographics?
Are the principal goals outlined in $4
the budget being accomplished as
planned and with the expected $3
outcomes? $2
Do past years’ budgets accurately
reflect the actual spending? $1
Have levels of funding kept pace
with mandated special service $0
79-80
programs like handicapped or non- English speaking student programs?
2000 Constant Dollars
Dollars per FTE Student
81-82
83-84
85-86
87-88
89-90
91-92
93-94
95-96
97-98
99-00
Are trends of revenue, spending, staffing, or programming reflected in the quality of output—in for
Chart SF-3: Dollars per FTE student. Source: Organization and Financing of Washington Schools, OSPI, 119
example graduation rates, college placements, or test scores?
During the budget year, financial statements and reports are prepared by the district on a monthly basis. A monthly budget status report is prepared for each dis- trict fund, summarizing the most current approved bud- get amounts and the fund balance at the beginning and end of the period under analysis. All monthly reports are made available by the administration of the district to each member of the district board of directors and to any person or organization upon request, pursuant to the policies of the board of directors.24
A board member or interested person can monitor the administration of the budget by asking questions such as:
How does actual enrollment compare to the budgeted number?
How does actual staffing compare to the budgeted amount?
Do the actual fund balances compare to the budgeted numbers?
Do year-to-date revenues and expenditures seem reasonable and are they consistent with historical patterns?
Does there appear to be sufficiently budgeted amounts for the individual programs?
Are there significant changes in enrollment, levy revenues, payments to vendors, borrow- ing, or cash balances?
Conclusion
Washington state has spent an ever-increasing amount of dollars on its K-12 education system. Over the last 20 years, from 1980 to the year 2000, this amount of money has increased by a factor a little over
fold. The increase is greater than expected simply due to inflation. In constant year 2000 dollars the amount spent in year 1980 nearly doubled by year 2000.
In enrollment terms, the number of students served has also increased from approximately 750,000 in 1980 to just under 1,000,000 students in year 2000. This increase is approximately one-third more students served than 20 years ago and significantly less than the two- fold increase in constant dollars spent in support fund- ing.
The dollars spent each year per FTE student has increased by a factor of about 3 during the 20 years from 1980. Summarizing expenditure curves, the num- ber of students served has increased by about one-third and the dollars expended has increased by about the same factor in year 2000 constant dollars.
Because resources for K-12 education will always be finite, and because demand from the public and vari- ous special interest groups for broader services increases, school directors must look for ways to reduce expendi- tures or to get the biggest bang for every buck spent. This means looking for solutions wherever they can be found, and sometimes this is outside the traditional school building. The “make or buy” discussion is not new, yet it is foreign in most public education circles. It
is not possible or even sensible for public education to “make” every service it decides to provide. Oftentimes the service can be “bought” on the free market for bet- ter value.
Budgets almost always drive policy—a fact too of- ten overlooked. To be sure, managing large budgets within the constraints of the law, collectively bargained contracts and immoveable predetermined expectations is difficult. But to restate an earlier theme, public schools exist for students, not for adults. Nothing is gained for students, taxpayers or society at large if school directors are unable to challenge assumptions and outcomes, whether it is because accurate information is unavail- able, or because they are intimidated by staff. On the other hand, continual carping by school directors who are unwilling to help craft alternatives and solutions is demoralizing to the administration, teachers and staff.
Recommendations
School directors must take seriously their obliga- tion to understand the “innards” of the budget and the process used to adopt it. All budget assumptions should be reviewed against facts and historical trends to determine soundness.
Directors should determine the elements of revenue and expenditures that they can control at their statutorily delegated level of authority.
Make a clear-headed evaluation to determine whether the greatest value is being achieved for the amount of money spent.
Address the “make or buy” question. It is insen- sible to assume that being responsible to “provide for” an educational outcome means that every district must create the product and deliver it. For example, many services for students receiving learning assistance can be provided outside the traditional public school institution.
Build a reasonable reserve. Expect the unex- pected.
Review contracts for opportunities to make changes in service delivery whenever it can be determined that efficiency, effectiveness and cost- savings is the likely result.
Ask lawmakers to 1) further deregulate public schools, and 2) allow more of the dollars to follow the child to the public school of his/her parents’ choice.
Endnotes
1. Wash. Constitution, Art. IX, §1, 2. 2. RCW 28A.150.210
3. Wash. Constitution, Art. III, §22. 4. RCW 28A.300.040
5. RCW 28A.150.210
6. The rules adopted by the SBE are found in Title 180 of the WAC and the administrative rules adopted by the SPI are found in Title 392 of the WAC.
7. RCW 28A.305.130
8. RCW 28A.345
9. RCW 28A.310.010
10. RCW 28A.150.230
11. RCW 28A.600.010
12. RCW 28A.600.020
Seattle School District v. State, No. 53950, (Thurston Co. Sup. Ct. March, 1977); aff ’d as modified, 90 Wn.2d 476 (1978).
Seattle School District v. State, 90 Wn.2d 476 (1978).
Seattle School District v. State, No. 81-2-1713-1 (Thurston Co. Sup. Ct., April, 1983).
Washington State Special Education Coalition vs. State of Washington, et al, No. 85-2-00543-8 (Thurston Co. Sup. Ct., February, 1988), declaratory judgment.
17. 1995 Wash. Laws, Ch. 77, §6.
Amalgamated Transit Union Local 587 et al. v. State of Washington, 142 Wn.2d 183 (2000); License Tab Fees, 2000 Wash. Laws, 1st Special Session, Ch. 1.
Wash. Constitution, Art. VII, §2. 20. RCW 28A.505.040
21. RCW 28A.505.050
22. Initiative 728, School Class Sizes, 2001 Wash. Laws, Ch. 3.
23. RCW 28A.505.060
24. WAC 392-123-110
K-12 education statistics
Year | FT E Enrollment | $/Student | Classroo T eachers | ||
81-82 | 725,856 | $2,689 | 35,004 | ||
82-83 | 714,975 | -1.5% | $2,795 | 3.9% | 34,117 |
83-84 | 714,789 | 0.0% | $3,097 | 10.8% | 34,890 |
84-85 | 718,712 | 0.5% | $3,333 | 7.6% | 35,727 |
85-86 | 726,411 | 1.1% | $3,463 | 3.9% | 36,200 |
86-87 | 740,958 | 2.0% | $3,805 | 9.9% | 37,127 |
87-88 | 753,256 | 1.7% | $4,008 | 5.3% | 37,949 |
88-89 | 768,545 | 2.0% | $4,259 | 6.3% | 38,818 |
89-90 | 788,961 | 2.7% | $4,556 | 7.0% | 40,337 |
90-91 | 818,656 | 3.8% | $4,984 | 9.4% | 41,919 |
91-92 | 836,827 | 2.2% | $5,196 | 4.3% | 42,924 |
92-93 | 860,764 | 2.9% | $5,417 | 4.3% | 44,329 |
93-94 | 880,700 | 2.3% | $5,532 | 2.1% | 45,456 |
94-95 | 899,203 | 2.1% | $5,702 | 3.1% | 46,347 |
95-96 | 917,652 | 2.1% | $5,845 | 2.5% | 46,900 |
96-97 | 936,395 | 2.0% | $5,953 | 1.8% | 48,213 |
97-98 | 949,349 | 1.4% | $6,169 | 3.6% | 49,015 |
98-99 | 959,541 | 1.1% | $6,292 | 2.0% | 49,598 |
99-00 | 961,449 | 0.2% | $6,586 | 4.7% | 50,239 |
81-00 | 32.5% | 144.9% | 43.5% |
EVERGREEN FREEDOM FOUNDATION • SCHOOL DIRECTORS’ HANDBOOK • SF-15
Table SF-8. Source: Superintendent of Public Instruction
FTE Enrollment includes preschool special education, vocational technical institutes through 1990-91 and state institutions. Dollar per student expenditures include in addition to K-12 education and support programs, state institutions, preschool special education, summer school, community services, adult education, youth training programs, day care programs and vocational technical institutions through 1990-91.
BUIILDING A BETTER SCHOOLHOUSE
When it comes to building a better mousetrap, inventors aren’t so much concerned about how it looks, but about how it works and how much it costs. The same principle should apply to the buildings where children receive their education.
“As thousands of students return to school for the 2002-2003 academic year, administrators . . . are whipping out their calculators and studying where to put reams of students now and in the future,” writes the Tacoma News Tribune.1 In various pockets around Washington, there is a growing need to increase the number of classrooms and school buildings to accommodate an expanding student population.
Fortunately for school administrators, placement for pupils now and in the future may not be as arduous a task as they expected. Fortunately for taxpayers, the exorbitant bill they would normally foot for the construction of a new school may be significantly reduced. In fact, a number of options are available for the acquisition of new, more
efficient classroom space. In a report card on the state of school facilities, the American Society of Civil Engi- neers awarded a D-minus to the nation’s schools.2 Ac- cording to the National Clearinghouse for Educational Facilities, 2,400 new schools will need to be built by 2003 in order to meet the demands of a growing stu- dent population,3 and of the 86,000 public schools in the United States, 59,400 need renovation or modern- ization.4 The price-tag may be as high as $268 billion, if
In Washington, it is estimated that 89 percent of schools need to renovate their building or construct a new one.
financed through traditional bonds.5
In a traditional bond fi- nance plan, the school district must purchase land and pay the costs of lobbying voters for a bond referendum. If the refer- endum passes, the revenue from property taxes is earmarked for the construction of new schools or the renovation of existing buildings.
Washington state’s chal- lenge with school construction has become more press- ing than most other states. In Washington, it is estimated that 89 percent of schools need to renovate their build- ing or construct a new one.6 The size of the median high school is nearly 1,600 students.7 Four high schools in Washington have enrollment exceeding 2,000 stu- dents:8 Battle Ground High School, 2,059; Auburn High School, 2,343; South Kitsap High School, 2,094; and Marysville-Pilchuck High School wins the largest school award with 2,764 students.
For years, there has been statewide demand to re- form the way schools are built. This is due, in part, to our reliance on using timber harvest revenue off state school trust lands to pay for the state’s portion of school construction. The Washington state Constitution estab- lishes the Common School Construction Fund that con- tinued to be a sufficient source of funding through the 1980s.9 Revenue from this source has fallen from 61 percent in 1985 to around 30 percent today,10 due in great part to the Endangered Species Act and the ban on the export of raw logs.11 Although lumber prices have risen over the past decade, the ability of sales to keep pace with demand has diminished. As a result, the local property tax burden has been driven up to pay for ex- pensive school construction bonds.
In 1995, many of Washington’s leaders in business, education, and construction—including the American
Institute of Architects, Associated General Contractors, Washington Association of Maintenance and Operations Administrators, Council of Education Facilities Plan- ners, Washington Association of School Business Offi- cials, and Washington State School Directors Association—signed a resolution to the legislature to “establish or facilitate innovative funding methods.”12 In 1998, King County Executive Ron Sims appointed a panel to give recommendations to the legislature for “speeding up and streamlining the way we now finance local school construction.” The Executive’s Task Force on School Construction Financing Alternatives recom- mended “long-term lease purchase agreements [that] would provide an option to the traditional construc- tion process by enabling districts to quickly respond to explosive enrollment growth and changing student de- mographics with fewer up-front costs.”13
Innovative solutions used elsewhere around the
country are public-private partnerships for school con- struction. In a report for the Virginia-based Thomas Jef- ferson Institute, David Guhse writes, “Based on the experiences of school districts around the country, it is increasingly clear that no school district with unmet school construction, expansion, and renovation needs can afford to ignore the option of public/private arrange- ments to address all or part of their comprehensive in- frastructure plan.”14 With hundreds of successful public-private partnerships in schools around the coun- try, there is plenty of proof with which to assess its po- tential for prospective school district projects in Washington state.
School board members may not be aware that there is a provision in the Economic Growth and Tax Relief Act of 2001 allowing the creation of tax-exempt, pri- vate activity bonds to be used in the construction of public school facilities.15 Because of this new tax code policy, school districts can create agreements with pri- vate sector investors to finance the construction of school buildings. Once the construction of facilities is com- pleted, the school district may lease them from the in- vestors at rates far below typical costs of full public ownership.
A Pennsylvania firm specializing in these partner- ships, Stainback Public-Private Real Estate, says, “One of the great qualities of the public/private partnership approach to real estate is the ability to customize deal structures to meet the constraints and opportunities of both the public and private partner.”16 There are several
forms of alternative construction financing that can be tailored to fit the needs of school districts.
Municipal/Capital Lease
One alternative construction method is a “munici- pal/capital lease” plan, where a private party agrees to construct a new building and own it for a typical period of 25 years. When the lease term ends, school districts may pay a token amount for the purchase of the facili- ties. A similar plan may be used for the renovation and upgrading of deteriorating or inadequate facilities. The school district will sell its property to a developer who completes the renovation efforts. Then, the developer will lease it to a foundation established by the district. In the long run, a school district can look forward to savings of anywhere from 5 to 10 percent.17
When the Niagara City School District in upstate New York became interested in public-private partner- ships, it was blocked by New York law. The district con- vinced legislators that such partnerships were a worthy investment, and an exception was made for the district. In only 18 months, a developer had completed construc- tion saving nearly $12 million. Today, the school dis- trict leases its building, including funding for facility maintenance, for $5 million per year. In 2030, the dis- trict will plan to purchase the building for one dollar. Nearby school districts, envious of the results in Niagara, have begun to make appeals to the legislature for addi- tional exceptions to the state law.18
Another state that changed its laws in order to al- low public-private partnership is Texas. In 1996, the Independent School District of Houston was in need of two new high schools, but its bond referendum failed at the polls. Superintendent Rod Paige, now U.S. Secre- tary of Education, pushed for new private financing solutions. The school district made a municipal/capital lease agreement with Gilbane Building Company that resulted in the construction of Cesar Chavez High School and Westside High School one year sooner than originally planned, with savings of $20 million.19
The Canadian province of Nova Scotia imple- mented several municipal/capital lease plans in response to its declining economy in 1997. Nova Scotia negoti- ated with its investors to pay only 85 percent of the lease, but to allow the developer to retain ownership of the building to rent it out to child-care services, higher education night classes, tutoring, community events, and
religious groups. According to Nova Scotia’s Ministry of Finance:
The key objective is to enable Nova Scotia taxpayers to get better value for their tax dollars by shifting the responsibility for the operation and/or financing of non- core activities to the private sector. In the process, the potential exists for service to improve within the same public expendi- ture framework, or for the same level of public service to be provided at a lesser cost to the taxpayers.20
Within four years, 22 new schools had been opened in Nova Scotia, and 11 more are in the works.21
Operating Lease
A second model of public-private school construc- tion partnerships is an “operating lease” plan. In this case, as in the municipal/capital lease plan, the devel- oper constructs and owns the facility for a 25-year pe- riod; however, using this plan, the lease is classified as a security to the developer. The school district may be without the option to purchase the property for a token amount at a later time. Instead, the district’s ownership payment for the school building will accumulate as the lease is paid. Because lease payments contribute to even- tual ownership, the interest remains taxable. Even so, the school district stands to save 10 percent to 15 per- cent in the long run.22
District of Columbia Public Schools did not expe- rience the opening of a new school from 1981 until 2001. In 1995, the district was planning to shut down James
F. Oyster Bilingual Public Elementary School because the costs of renovation were too severe.23 Then, some innovative parents initiated a bold new public/private partnership that turned a negative into a long-lasting positive. The parents commissioned a developer to fi- nance, design, and construct a new school building on the same property as the old one. Since the district was unable to underwrite the costs of construction, the de- veloper agreed to exchange the construction of Oyster Elementary for district-owned property adjacent to the school. The developer built a 211-unit residential apart- ment building, the property taxes for which are fully designated for payment of the $11 million construction bond.24
District of Columbia Superintendent Paul Vance reflected,
The bottom line is that we in the D.C. Pub- lic Schools see [public-private partnerships] as an opportunity and valuable tool in the arsenal of school facility improvements and accommodation of educational program needs.25
Service Contract
A third way school districts have renovated school facilities is through a “service contract” structure. Should the school district wish to conduct the upgrade without selling its property, it may contract out to a private con- tractor who agrees to operate and maintain the school during renovation, for a set period of time. The con- tractor funds the renovations using private, tax-exempt debt, and is reimbursed for capital costs and interest and compensated for services.26
The school board in Greenville County, South Caro- lina had once planned to spend $1.8 billion construct- ing or remodeling 72 schools over a 24-year period. When it decided to contract its entire operation to In- stitutional Resources in 2000, it was able to count on savings of $500 million and twenty years. In fact, the developer agreed to complete all 72 projects within only four years for only $780 million!27
Using a lease model may be a solution for the Tacoma School District as it faces a nearly $90 million dollar renovation of the historic Stadium High School. Developers could quickly buy the property for a signifi- cant amount, making it an excellent investment for both the private sector developers and the Tacoma Schools.28
Satellite
A fourth model for school facilities is the “satellite” plan in which non-profit charitable foundations and malls, airports, or other existing buildings form a coop- erative effort to begin a school. The satellite concept was pioneered by the Miami-Dade County Public Schools in 1987 when American Bankers Insurance Group agreed to be the test case. ABIG employees were encouraged to enroll their children in the satellite school located at the company headquarters.
Today, Miami-Dade operates four successful Satel- lite Learning Centers (SLC). The largest Miami-Dade SLC is Spring Valley Elementary, a school serving chil- dren Miami International Airport Employees. Forty-five satellite schools operate in the United States.29
Amazing results have been achieved with inner city, at-risk youth in satellite learning centers operated by the Simon Youth Foundation at fifteen Simon Corporation shopping malls around the country. Simon’s Educational Resource Center program works with local school dis- tricts to focus on planting alternative education pro- grams in shopping centers for disadvantaged and at-risk students. One of Simon’s most successful resource cen- ters is Mall Academy which opened in fall of 2001 at Northgate Mall in Seattle.30 Located on the second floor of the mall near the management and security offices, Mall Academy allows Seattle School District students to fulfill all necessary graduation requirements while attending elective classes at the University of Washing- ton and Seattle Community College. Eddie Reed, di- rector of the Seattle Mall Academy, advises, “Education funding should be reshaped to allow a team effort of both public and private sectors, acting in unison, in or- der to provide a truly more equitable and equal educa- tion experience for all public school children.”31
The National Council for Public-Private Partner-
ships gave a project award to Hillsborough County School District in Tampa, Florida for its satellite part- nership with First Presbyterian Church of Tampa. In this case, the school district entered into a lease agree- ment and agreed to renovate parts of the church for
$350,000. Computers and school uniforms were do- nated by private contributors in the community. Be- sides resolving overcrowding, the Downtown Partnership Elementary School raised parental involvement, elimi- nated the costs and hassle of constructing a new school building, and enhanced the overall environment in downtown Tampa.32
A similar model was developed in Iowa by the Des Moines Business Education Alliance and the Des Moines School District. In 1993, the Alliance made its case for establishing a school in downtown Des Moines that was convenient for working parents. That year, a small facil- ity was donated by Principal Financial Group. Enroll- ment demands at Des Moines Downtown School led to the establishment of a second campus on land owned by the City of Des Moines in 1996.33
Conclusion
It is clear that public-private partnerships for the construction of schools can have amazing results. The opportunities for innovation and efficiency should not be overlooked by school district administrators
in Washington. Whether a small elementary school in Eastern Washington is in need of an upgrade, or the Marysville School District decides to find a solution to overcrowding in Marysville-Pilchuck High School, there can be benefits for everyone in the community.
Public-private partnerships save taxpayers precious money.
Public-private projects are typically built in far less time than other projects.
Public-private partnerships allow parents the opportunity to be more involved in their child’s education, especially if the school is a partnership with the parent’s place of employ- ment.
Public-private projects can serve as both a school and a community center.
Public-private partnerships are a good solution to failed methods of traditional construction financing.
Public-private partnerships are an efficient way to reduce class size.
Public-private partnerships enhance the local economy.
The list could go on. The examples presented in this report only touch the surface of the potential that public-private partnerships can have for schools around Washington. Consider the possibilities:
Seattle-Tacoma International Airport could establish a school for children of Sea-Tac employees.
A church in downtown Seattle could lease out its unused weekday space for educational purposes.
Tacoma Schools could save millions of dollars on the renovation of Stadium High School.
Recommendations
Provide state tax incentives in addition to those provided by the federal government to encourage the use of public-private partner- ships. Tax incentives can be designed to accommodate a variety of potential investors. Many businesses in Washington view the state’s tax structure as unfavorable to small business and big business alike. The state can offer an exemption on business and occupa- tion taxes or property taxes to businesses that
engage in public-private partnerships. The state should view such incentives as tradeoffs for the educational results and savings yielded by public-private partnerships.
Remove any unnecessary regulations that
impede the ability of school districts to innovate and find solutions to construction finance. The state of Florida has been the nation’s leader in public-private partnerships because it took away such regulations. As the governor and the legislature consider mean- ingful regulatory reform, school construction finance should be another area for a WAC- reduction exercise.
Enact a law allowing workplace schools that
limit enrollment to the children of employees. Allowing this option for school establishment not only provides new schools in a cost effective manner, it provides businesses another bargaining chip to attract workers. As Washington faces the highest unemployment in the nation, opening the door to workplace schools can provide a much-needed boost for businesses.
Enact a law authorizing public-private partnerships. The state should leave no doubts about the full legality of alternative school construction. A possible model for legislation would be the 2002 Virginia law called the Public-Private Education Facilities and Infrastructure Act of 2002 that authorizes private entities to acquire, design, construct, improve, renovate, expand, equip, maintain or operate qualifying projects after obtaining approval of a public entity that has the power to take such actions with respect to such projects.34
As school districts search in vain for a better tradi- tional funding route, they may overlook key alternatives that will likely become the future of public school con- struction financing in the United States. Joint efforts by the public sector and private parties are an extraordi- nary investment for everyone involved.
Endnotes
Kris Sherman and Debby Abe, “Doing well with less: South Sound area school districts face challenges in a time of shrinking budgets and swelling enrollments,” The News Tribune, 1 September 2002.
Greater Philadelphia Regional Review, “Bad Grades for America’s Infrastructure,” On Point, Summer 2001,
<http://www.metropolicy.org/pdfs/on-point-RR.pdf>, 1.
American Society of Civil Engineers, “Schools,” 2001 Report Card for America’s Infrastructure, <http:// www.asce.org/reportcard/pdf/schoolslh.pdf>.
Ibid.
Ibid.
Northwest Regional Educational Laboratory, “State of disrepair,” Northwest Education Magazine, Summer 2001, <http://www.nwrel.org/nwedu/summer01/ disrepair.html>.
Peter Li Education Group, “2002 Construction Report: Regional Details,” School Planning and Management,
<http://www.peterli.com/spm/special/constrpt/2002/ 2002regions.htm>, 12.
Marty S. Daybell, “Minority Enrollment Summary for 2001-02 School Year,” OSPI, April 2002, <http:// www.k12.wa.us/dataadmin/EnrlSum01.pdf>.
Rethinking School Impact Fees (Seattle: Washington Research Council, February 1995), 2.
Ibid., 3.
Sclater, Balbo, Laford, Bolden, Rivers, Gillmore, Moraites, Swift, “Resolution in support of stable Common School Construction funding sources,” 18 December 1995.
Executive’s Task Force on School Construction Financing Alternatives, “Recommendations to King County Executive,” King County, 30 November 1998,
<http://www.metrokc.gov/smartgrowth/ schoolreport.htm>.
David Guhse, Innovative and Workable Ideas for
Building Schools, (Springfield, Virginia: The Thomas Jefferson Institute for Public Policy, October 2001), 10.
Ronald D. Utt, New Tax Law Boosts School Construction with Public-Private Partnerships, (Washington, DC: Heritage Foundation, August 2001).
“SPPRE: Creative, Realistic, Practical Results,” Stainback Public/Private Real Estate LLC, <http:// www.sppre.com/brochure.html>.
Phil Bomersheim, Alternative School Financing Approaches (Richmond, Virginia: Commonwealth Competition Council, October 2001), 1.
Guhse, 8.
Ibid., 9.
Ronald D. Utt, How Public-Private Partnerships Can Facilitate Public School Construction (Washington, DC: Heritage Foundation, February 1999).
Guhse, 6.
Bomersheim, 2.
“Case Studies: James F. Oyster Bilingual Elementary School,” The National Council for Public-Private Partnerships, <http://ncppp.org/cases/oyster.html>.
Guhse, Workable Ideas for Building Schools, 9.
For the Good of the People: Using Public-Private Partnerships to Meet America’s Essential Needs (Washing- ton, DC: The National Council for Public-Private Partnerships, 2002), <http://ncppp.org/presskit/ ncpppwhitepaper.pdf>, 10.
Bomersheim, 3.
Guhse, 8.
Debbie Abe, “Seeing What Hides Inside Castle Walls: Experts pore over Stadium High to prepare for major remodel,” The News Tribune, 18 March 2002.
Matthew D. Taylor and Lisa Snell, Innovative School Facility Partnerships: Downtown, Airport, and Retail Space, (Seattle: Washington Policy Center, December 2001).
“ERC Programs: Northgate Mall,” Simon Youth Foundation, <http://syf.simon.com/servlet/ SYFViewer?pn=erc_program&mid=0&rs=0&id=236>.
Eddie Reed, “Making a Case for Innovative School Facility Partnerships: Seattle’s Mall Academy,” (Seattle: Washington Policy Center, December 2001).
“Case Studies: Downtown Partnership Elementary School,” The National Council for Public-Private Partnerships, <http://ncppp.org/cases/tampa.html>.
Ibid.
REMOVING THE BARRIERS
The origins of bilingual education date to the 1960’s, when Florida was flooded with Cuban refugees, most of them middle to upper class. These new immigrants fully intended to return to Cuba to restore freedom to their nation. Consequently, they considered themselves temporary residents of the United States and did not want their children to lose the ability to speak Spanish.
The parents of the Spanish-speaking children lobbied Florida public schools successfully, with the result that the schools would not only be responsible to teach their children English, but also to preserve Spanish, their native language. The experiment was a success. The students learned English, kept Spanish, and performed well academi- cally in other subjects.
Washington state law
The Washington Administrative Code, Chapter 392-160 and the Revised Code of Washington, Chapter 28A.180 outline the state’s transitional bilingual education program.
The Transitional Bilingual Instruction Act of 1979, amended in 1984, funds school district bilingual …programs for eligible students.
House Bill 1673, Jan 21, 1998, allows parents to decline placement of their child in the transitional bilingual education program.
E2SHB 2025, effective August 23, 2001, requires the Superin- tendent of Public Instruction to review when the Washington Assessment of Student Learning (WASL) is administered to limited-English-proficient students to determine if it is develop- mentally appropriate for them and to implement an evaluation system to measure increases and progress of LEP students in academic and English language skills.
Senator Ralph Yarborough (D-Texas) saw the suc- cess of the Cuban refugees and championed the cause for other non-English speaking children who were do- ing poorly academically. In 1968, he helped pass the Bilingual Education Act, an amendment to Title VII of the Elementary and Secondary Education Act of 1965.1 Yarborough said the goal was “not to keep any specific language alive. It is not the purpose of the bill to create pockets of different languages…but just to try to make those children fully literate in English.”2 This created a relatively small $7.5 million dollar program of educa- tion for Hispanic students in the Southwest, where school districts were awarded grants by the U.S. De- partment of Education to try new bilingual education methods. In later acts the Office of
Civil Rights (OCR) and the Office of Bilin- gual Education and Minority Language Af- fairs (OBEMLA) were created.
Six years later, in 1974, the U.S. Supreme Court ruled in Lau vs. Nichols3 that, for lim- ited-English-proficient (LEP) students, iden- tical education is not equal education. In other words, being given the same text, same teacher, and same classroom as other students does not necessarily constitute a meaningful edu- cation. The high court determined that any student entering school speaking a language other than English has the right to a mean- ingful education.
The Supreme Court, however, did not de- fine meaningful, nor did the justices provide
any certain remedies. They did indicate stu- dents could be taught in their native languages while they learn English or could be given intensive instruction in and extra help with English. But determining specific steps to take was left to the lower court.
Principal instructional models for LEP students
Transitional Bilingual Education (TBE): Students are taught to read and write and do subject matter in their native tongue. English is taught for a small portion of the day and, over a period of years, instructional time in English is increased.
English as a Second Language (ESL): Students participate in regular classrooms with a pull-out period for English language instruction.
Structured immersion: Self-contained classrooms of LEP children learn English and subject matter simultaneously, but subject matter is introduced only as English comprehension allows.
Submersion: Sometimes called sink-or-swim, students are placed in English-only classrooms and receive no special language or subject matter instruction.
In response to the 1974 Supreme Court ruling in Lau vs. Nichols, OCR created the “Lau remedies” which insisted transitional bi- lingual education (TBE) was the best—if not the only approach—to teaching limited-En- glish-proficient students. In succeeding years, the selection of the TBE model and its effec- tiveness has become controversial. As re- searcher Sheldon Richman states in his review of TBE, “This approach was chosen without public discussion and without research to back it up. In the years since the 1974 ruling, in
spite of a lack of conclusive research supporting such actions, the federal government has consistently favored TBE programs by channeling funding in their direc- tion ”4
In 1988, a three-year limit was placed on student participation in TBE and alternative programs, except under special circumstances.
A look at Washington state
In the school year 1999-2000, according to the Su- perintendent of Public Instruction’s 2000 Report: Edu- cating Limited-English-Proficient Students in Washington State,5 66,281 students were served by the transitional
7%
6%
5%
4%
3%
2%
1%
0%
86- 87- 88- 89- 90- 91- 92- 93- 94- 95- 96- 97- 98- 99-
87 88 89 90 91 92 93 94 95 96 97 98 99 00
Figure BL-1: Percentage of LEP students statewide. Source: Educating Limited-English-Proficient Students in Washington State, OSPI Report,
December 2000
bilingual education (TBE) program. To be eligible for this program a student must 1) use a language other than English to communicate in the home and 2) lack the necessary English skills to survive in a mainstream classroom without special services. Such students are known as limited-English-proficient (LEP).
for this increase may be attributed to higher birth- rates among minority groups, higher levels of im- migration, an increase in districts with approved TBE programs, and a higher rate of LEP students entering than exiting the TBE program. For ex- ample, in 1999-2000, 20,545 students entered the TBE program while 16,474 exited the pro- gram: a net difference of 4,171 students.
Transitional bilingual education programs exist in 185 of Washington’s 296 school districts. These 185 districts represent 63 percent of total districts and enroll over 95 percent of the total student population.
19 districts have a TBE program whose LEP students represent at least 25 percent of the student body.
19 districts have a TBE program serving more than 20 languages.
56 districts have a TBE program whose LEP students are at least 95 percent Spanish- speaking.
20 districts have a TBE program that serves at least 1000 LEP students.
Students in the TBE program make up 6.7 percent of Washington’s total student population. Of these LEP students (half of which are in grades K-3) 52.8% are males and 47.2% are females—a proportion that has remained fairly constant for the past 15 years.6 As can be seen in Figure BL-1, the percentage of LEP students has continuously increased since 1986. The Superinten- dent of Public Instruction (SPI) speculates that reasons
10000
8000
6000
Total LEP Students New LEP Students
4000
2000
0
K 1 2 3 4 5 6 7 8 9 10 11 12
Grade levels
Fifty percent of all LEP students are in grades K-3. In school year 1999-2000, kindergarteners represented
percent of the new LEP population. The percent- age of LEP students gradually declines after first grade. However, in 9th grade, there is an increase in the num- ber of new and total LEP students.7 Figure BL-2
One program administrator in Grandview attributes the re-entry of LEP students who have previously been served by the TBE program to insufficient language preparation in elementary school and a more challeng- ing curriculum in high school.8
Languages
A total of 159 primary, non-English languages were represented among the students served by the program in school year 1999-2000. Some districts could not identify the names of the languages spoken by their LEP students, so more than 159 languages may exist.9 Fig- ure BL-3 shows the most common languages.
A majority (61%) of LEP students in Washington speak Spanish. Nationwide, seventy-five percent of the United States’ LEP students speak Spanish. Figure BL-
shows a steady increase in Spanish-speaking LEP stu-
Figure BL-2: LEP students by grade, 1999-2000. Source: Educating dents in Washington.
Limited-English-Proficient Students in Washington State, OSPI
Report, December 2000
Tagalog Cambodian
Korean Ukrainian
Vietnamese Russian Spanish
0 5 10 15 20 25 30 35 40 45
Student Enrollment (Thousands)
Students (Thousands)
Figure BL-3 Languages of LEP students. Source: Educating Limited- English-Proficient Students in Washington State, OSPI Report, December 2000
45
40
35
30
25
20
15
10
5
0
Spanish
Other Languages
86-87
88-89
90-91
92-93
94-95
96-97
98-99
Figure BL-4 Spanish-speaking students. Source: Educating Limited-English-Proficient Students in Washington State, OSPI Report, December 2000
Entrance and exit criteria
Entrance. To be eligible to participate in the TBE program, a school district determines that a student’s primary language is not English and that the student is unable to communicate in English “to any practical ex- tent” (WAC 392-160-015). The student’s inability to communicate is determined in an interview with ap- propriate school district staff. If the interviewer deter- mines that the student is eligible for TBE, no other test is needed. However, if a student’s eligibility isn’t appar- ent in an interview, then s/he must score below a mini- mum level on an oral proficiency test administered by the district. According to the OSPI, most districts use the Language Assessment Scales (LAS), or Pre-LAS oral proficiency tests. The bilingual advisory committee, at the time of publication of its 2000 report, was studying assess- ments to recommend that only one be used statewide.10
Exit. A student must be reassessed annually to con- tinue in the TBE program. To exit, a student must score above the 35th percentile in the reading and language arts portions of an approved normed written test. The tests taken in Washington are the Iowa Test of Basic Skills (ITBS) and the Washington Assessment of Student Learning (WASL). Once a student scores above the 35th percentile, s/he must exit the TBE program.11
New Legislation. New state legislation (HB 2025),
effective August 23, 2001, requires the OSPI to review the criteria determining when LEP students are required to take the WASL. Currently, all students take the WASL in grades 4, 7, and 10, and the test scores of LEP stu- dents are included with all district scores when they are reported to the state.
According to HB 2025, the review by the OSPI shall determine if the testing criteria are “developmentally appropriate for students.” The OSPI is also to develop an evaluation tool to measure increases and progress in the academic and English proficiency of LEP students. The legislation further states that districts are to as-
sess potential LEP students within 10 days of school reg-
istration using state-approved tests, reporting results to the OSPI.12 Previously, districts were required to estab- lish eligibility within 20 days after a student began at- tendance in a school district.
HB 2025 also states that districts shall annually as- sess LEP students at the end of the school year, reporting results to the SPI. Districts used to evaluate LEP stu- dents annually “before the conclusion of each school year” to measure improvement in learning the English language and overall academic progress, an evaluation that must include a standardized test in reading and lan- guage arts (RCW 28A.180.040, WAC 392-160-015).
The new addition to this portion of the law seems to be that districts must test students at the end of the school year and must report test results to the OSPI.
In summary, the effects of HB 2025:
LEP students may no longer be required to take the WASL until it is deemed develop- mentally appropriate.
Development and implementation of an assessment tool that will measure LEP progress in English proficiency.
Determination of student eligibility for the TBE program within 10 days instead of 20, reporting results to the SPI.
Annual assessment required at the end of the
school year, reporting results to the OSPI.
$40
State Funding* (Millions)
$35
$30
$25
$20
$15
$10
$5
85-86
86-87
87-88
88-89
89-90
90-91
91-92
92-93
93-94
94-95
95-96
96-97
97-98
98-99
$0
99
Not adjusted for inflation
Figure BL-5 Growth in TBE funding. Source: Educating Limited-English- Proficient Students in Washington State, OSPI Report, December 2000
Where funds are spent
Most expenditures in the TBE program are staff related.14 In 1999- 2000, ninety-five percent of non-fed- eral spending paid staff benefits and salaries, totaling about $47,785,000. As the Superintendent of Public Instruction report states, “Districts have relied more heavily on instruc- tional aides than certificated teachers when it comes to teaching LEP stu- dents.”15 In school year 1999-2000, a total of 2,556 staff were involved in providing instruction in the TBE pro- gram: 1,772 were aides, more than double the 834 teachers. Of the state- funded teachers instructing LEP stu-
What does it cost?
Districts receive extra state funding based on the average number of LEP students enrolled each month. In 1999-2000, districts were awarded about $691 per student for 55,651 students—the average enrolled each month. The total number of students served was 66,281. The amount provided by the state in 1999-2000 totaled
$38.4 million, an 11% increase from the previous year. For the school year 2000-01, districts were awarded
$711 per student, a three percent increase from school year 1999-2000. The appropriations for the biennial budget of 2000-2002 were $73.5 million. Appropria- tions are adjusted annually.
Total LEP funding is about 18 percent more than the base amount provided for all students. Figure BL-5 shows growth in Washington’s TBE program funding since 1985.
School districts rely not only on state funding to support TBE, but also use local and federal funds. In school year 1999-2000, Washington districts used $11.9 million in local funding for LEP students. Federal fund- ing is minimal compared to state and local funding. Expenditures including local, state, and federal funding totaled $52.3 million and break down as follows:
73% state
23% local districts
4% federal (includes Title I and Special Education) 13 Figure BL-6 shows the number of students also receiving funding from other programs.
dents, only 45 percent had an English as a Second Language (ESL) endorsement and 17 percent had a bi- lingual endorsement (some have both). The state has no data on qualifications and training of staff hired by a district with funds not provided by the state.
Figure BL-7 shows Washington’s five-year full-time
equivalent (FTE) trend of staff involved in the TBE pro- gram. In 1999-2000, aides represented about 56 per- cent of total FTEs, which is less than the two previous years. In the five years shown, FTE staff has increased by 250, while state funding has increased from $28 mil- lion to $38 million, a total increase of about $10 million.
Learning Assistance Program
Special Education (state or Federal)
Title I Migrant Education
Title I (any program)
0
10
20
30 40
LEP students (thousands)
Figure BL-6 LEP students in other programs, 1999-2000. Source: Educating Limited-English-Proficient Students in Washington State, OSPI Report, December 2000
1995-96 1996-97 1997-98 1998-99 1999-00
400
300
200
100
0
Teachers Instructional Aides
700
600
500
Total FTE Staff
Figure BL-7 FTE staff in TBE. Source: Educating Limited-English- Proficient Students in Washington State, OSPI Report, December 2000
What are we getting for the money?
Some glaring deficiencies exist in Washington’s TBE program.
LEP students stagnate in “separate but equal” education classes. Nearly one-half (40%) of LEP students have not, after the three-year time limit, been transitioned out of the TBE program. Presum- ably this means that they are unable to succeed in an English-speaking school system. Figure 3-8 shows length of stay in the program, excluding new students in school year 1999-2000. Students represented in the graph have been enrolled in the TBE program at least since 1998-99.
TBE has officially existed in Washington since 1979, but the Superintendent of Public Instruc- tion has not yet implemented a useful system of collecting statewide data to determine which
More than 3 years
28%
Less than 1 year
33%
2-3 years
15%
1-2 years
24%
Figure BL-8 TBE students by time in program. Source: Educating Limited-English-Proficient Students in Washington State, OSPI Report, December 2000
aspects of the program are beneficial to students and which are not. However, an improved system has been in the works for the past two years and should be finished in 2002. Without access to more detailed data, accurate analysis cannot be completed.
Less than half of teachers instructing LEP stu- dents are certified to do so, and the qualifications of instructional aides are either unknown or unreported.
The Superintendent of Public Instruction’s goal of providing instruction in the primary language would require an impossible number of teachers speaking and teaching in the languages of LEP students—a goal all the more difficult as the number of different languages increases.
Increases in funding have not produced increases in results.
Back to TBE’s beginning—almost
For decades researchers have been reporting an achievement gap between white and minority students. Christine Rossell and Keith Baker, longtime researchers of bilingual education, explain succinctly the reason that bilingual education was instituted: “All-English instruc- tion didn’t eliminate the achievement gap. So it was re- placed by its opposite.”16 The Bilingual Education Act was implemented in 1965—with good intentions but no scientific foundation to support a policy and ideol- ogy favoring native language instruction over English instruction.
The rationale behind TBE relies on two hypotheses as explained by James Cummins, a professor of Educa- tion at the University of Toronto. The hypotheses are based on the facilitation theory.17 Supporters of TBE, including Washington’s Superintendent of Public In- struction, use these two premises as the basis for the necessity of instruction in a student’s native language:
For young children, learning to read first in
the native language is necessary for optimal reading ability in English.18 In other words, for a child to read to the best of his/her ability in English, s/he must first learn to read in the primary language.
For all children, learning a second language takes time and students should not lose ground in other subject matters.
James Cummins first wrote about the facilitation theory in 1978. It has two parts:
The threshold hypothesis states that an LEP child must attain a high level of ability in the native language before transitioning completely to English to avoid cognitive disadvantages.
According to Rossell and Baker, the theory is vague regarding the exact level of proficiency in the native lan- guage that meets the required threshold where complete English instruction may begin without damaging the child. The writings of Cummins imply that it takes up to seven years before the threshold is attained.19 If TBE is implemented according to the facilitation theory, a child would be taught in his or her native language for up to seven years before transitioning fully to English instruction. Why? Not to become bilingual, but to avoid theoretical and unproven cognitive disadvantages. Kenji Hakuta, a researcher and supporter of bilingual educa- tion, admits that there are no known links between cog- nitive ability and bilingualism.20
The developmental interdependence hypoth- esis states that acquisition of a second language (En- glish) is facilitated by reading skills already developed in the first language.
Certainly, an immigrant child with a higher level of education from his or her home country will initially acquire English at a faster rate than a child of the same age with less education. Knowing this, should we then educate Joaquin in Span-
ish—pretending that he is still in Nicaragua—so that
A serious flaw of the facilitation theory is the lack of attention it gives to languages that are not based on the Roman alphabet and that have no similarity to En- glish. For children from such a language background, it may very well be more difficult to learn to read in the native language than in English. Rossell and Baker found no non-Roman-alphabet bilingual programs in the United States that taught initial literacy in the native language.
Rossell and Baker, whose breadth of work analyz- ing bilingual programs research surpasses most, sum- marize findings on the facilitation theory by stating that it “has been overwhelmingly accepted by educators in bilingual education as a proven fact and as the explana- tion for TBE’s superiority to all other second language acquisition techniques, even though more than 15 years of research and literally thousands of studies have con- firmed neither the theory nor the predicted effective- ness of bilingual education programs.”22
In fact, two important studies suggest that the threshold hypothesis may work in reverse, meaning that a certain level of English ability needs to be achieved, not native language ability, before instruction in En- glish is consistently superior to native language instruc- tion.23
Regarding literacy and the facilitation theory, a re- view of additional research is necessary. For now, suffice it to say that bilingual education research shows that
his eventual transition to English will hopefully be easier than for an illiterate child? Since it takes 3-4 years to acquire literacy in Roman-alphabet lan- guages, he will not com- pletely acquire English literacy until 5-7 years af- ter bilingual instruction begins.21Assuming Joaquin enters school in 1st grade, he will not start learning to read in English (optimisti- cally) until third or fourth grade, and won’t have ba- sic reading skills in English until sixth or seventh grade.
70%
60%
50%
40%
30%
20%
10%
Palisades
Orondo
Toppenish
Wahluke
Roosevelt
Bridgeport
Brewster
Pasco
Prescott
Manson
Othello
Warden
Yakima
Wapato
Royal
0%
North F
Figure LP-9 Percent of students in TBE >3 years, Districts with at least 25% LEP. Source:
Educating Limited-English-Proficient Students in Washington State, OSPI Report, December 2000
teaching students to read and write in their native lan- guage is at least “marginally detrimental to overall edu- cation and acquisition of English.”24 It is not necessary for students to learn to read in a native language before doing so in English.25 In fact, it is not only unnecessary, but teaching literacy in English first has no ill effects.26 It is extremely important to note that a child’s reading level in 1st grade is a predictor of reading achievement into high school.27
Kenji Hakuta, in Mirror of Language, concludes:
There is a sober truth that even the ardent advocate of bilingual education would not deny. Evaluation studies of the effectiveness of bilingual education in improving either English or math scores have not been over- whelmingly in favor of bilingual education
. . .. An awkward tension blankets the lack of empirical demonstration of the success of bilingual education programs. Someone promised bacon, but it’s not there.28
It takes time!
One year is not enough time to learn English, claim supporters of bilingual education. Hakuta, Butler, and Witt write about oral and academic proficiency, con- cluding — along the same lines as the facilitation theory
that oral proficiency takes three to five years, and academic proficiency takes four to seven years.29 This may very well be true, as anyone who has studied a lan- guage knows that it usually takes years to obtain flu- ency.
However, the research conclusions of Hakuta et al., focus on how long until a student is fluent, not on how long a student needs services. Nearly all students under- stand enough English within the first year to compre- hend English instruction.30 It must be recognized that the length of time it takes to achieve parity and to par- ticipate with native English speakers does not equal the length of time a student should be in separate ESL or TBE classes.31
Another side of the story
In a review of the National Research Council’s re- port, Charles Glenn, a professor of educational policy at Boston University, asks, “Why have we kept mandat- ing a particular form of schooling for language-minor- ity children if we know so little about whether it is working?”32 This is a valid question, since more than thirty years of research have come to contradictory con- clusions about the efficacy of bilingual education and
in fact relatively few studies have been carried out in such a way as to render the results scientifically valid.
A major argument by those who oppose bilingual education is that the amount of time a student spends studying English determines the extent to which En- glish is learned. This is known as the time-on-task theory, which implies that bilingual instruction is inferior to all-English instruction. However, Rossell points out that if time on task were the most important factor, “all- English instruction would always be superior to any form of bilingual education.” Time on task does indeed have a significant effect on language acquisition. Other vari- ables, however, such as classroom atmosphere, pace of instruction, curriculum content, a child’s family char- acteristics, intelligence, classmates, and the intelligence and talent of his or her teacher also greatly influence achievement.33
In a study by Rossell and Ross, some factors are outlined that may explain why “some methodologically sound research studies show TBE (i.e., less English lan- guage time on task) to be no different from or superior to submersion.” (Submersion means placing LEP stu- dents in a mainstream classroom without any special language assistance). First, much of the learning in a submersion environment is initially not effective because the student does not understand what is going on. As English becomes more understandable, more time spent on English becomes more advantageous. Therefore, at the end of three years, Rossell explains, students in sub- mersion and TBE “may end up with the same amount of effective learning time in the English language, with TBE producing more at the beginning and submersion more at the end.”34
The second factor “explaining the lack of harm of TBE…is that the supporters of bilingual education may be at least partially right—bilingual education may have important psychological effects that compensate for the reduced English language learning time.” If TBE pro- vides an environment where students feel protected and safe, where they do not feel alienated or inferior, and that makes school more enjoyable, students may come to school more often and pay better attention.35
Definite disagreement exists among educators of LEP students as to when English instruction should begin. It is important to note that age of exposure is directly related to second language proficiency. Glenn, in a review of the NRC report tells us that older lan- guage learners (such as a teenager) are able to learn gram- mar and vocabulary more efficiently but lack ability to
pronounce a new language without an accent, especially when the language is learned as an adult. Glenn states, “‘The earlier the better’ is not a good rule if efficient learning is the goal, though no harm seems to be done by early exposure to learning a second language and often…it can result in greater language proficiency over the long run.”36
Middle Ground?
Does an effective middle ground exist built upon the effective components of both TBE and immersion programs? Likely, yes. Following is a brief list of com- ponents common to both TBE and immersion:37
Some native language instruction, especially initially when a child knows no English
Native language used to clarify instructions
A relatively early phasing-in of English instruction
Teachers specially trained in instructing English-language learners
Schools that are prepared for the needs of newcomers
Eighty percent of class time used for aca- demic learning
Content areas (such as math and social studies) taught in English
Washington state’s goals
The stated goal of transitional bilingual education in Washington state is to develop competent and ad- equate English language skills—a worthy goal. The means set by the state to achieve that goal, however, have proven unrealistic and seemingly impossible.
Let’s take a quick look at Washington’s statistics again: at least 159 languages; 66,281 limited-English- proficient students; only 45 percent of teachers teach- ing LEP students have ESL certification, 17 percent have bilingual certification (some have both); between 1995 and 2000, a mere 8.1 percent (average) of LEP students were transitioned out of the program into mainstream classes. These statistics paint a picture of a troubled TBE program.
Superintendent Terri Bergeson believes the locus of the problem is non-native language instruction, stating:
The problem is, most LEP students in Wash- ington receive little or no instruction in their primary language. The lack of qualified teachers who speak other languages and the sheer number of different languages spoken
by students limit schools’ ability to provide comprehensive instruction in both English and the primary language.
However, if one agrees with Superintendent Bergeson’s analysis of the problem, to remedy the teacher shortage so all LEP students can be taught in their pri- mary language requires funding and recruitment on a massive scale. Currently, an estimated 20.1 percent of LEP students are educated in a program that utilizes the native language for instruc-
“Thepurposeofthe programistoprovide temporaryservicesfor uptothreeyearsuntil limited-English- proficientstudents candevelopadequate Englishlanguage skills.Thus, instructionisprovided ina‘transitional’ program.”
–SPI report, p. 31
tion; 68 percent are edu- cated primarily in an English as a Second Lan- guage (ESL) program; and
11.7 percent are in an un- known type of program.34 It is clear that most students are not being educated ac- cording to the goals of the TBE program: they are not transitioning within three years, and the majority are not even in what could be labeled transitional bilingual education.
The Colorado Depart- ment of Education’s Hand- book on Planning for LEP Student Success cites four conditions to place on the goals for LEP students:39
Their meaning should be clear to the people involved. [Students, parents, educators, school districts, lawmakers]
They should be agreed upon by educational planners and decision makers. [Parents, educators, school districts, lawmakers]
They should be clearly identifiable as dealing with an end product.
They should be realistic in terms of the time and money available.
The last requirement suggests reasons for the state of Washington to reevaluate its TBE program since, as the Superintendent of Public Instruction has noted, our state contains so many speakers of other languages that it is would be impossible to provide all LEP students with instruction in their native language. Such a vast expansion of instructional staff hasn’t happened yet, and it’s not likely that it will.
Accountability for results
The fact remains that the goal of Washington state’s program is to help LEP students achieve English lan- guage success. This is a broad goal that renders itself achievable by any number of avenues, but, upon closer scrutiny, lends itself to confusing, inefficient, and often ineffective methods of implementation.
In Texas, a state with one of the largest LEP popula- tions, the League of Women Voters of Houston con- ducted a survey and found “confusion and disagreement among educators and community leaders about the defi- nition, purpose, and goals of bilingual education.”40 This finding is not uncommon and is, in fact, one of the defining elements that causes bilingual education to be such a hot topic.
The origins of bilingual education in America were noble. As Linda Chavez states, “The original intent of the law was to teach English so that students could be- come full participants in society and citizens of the USA.”41 That ideal has changed. Instead it has been re- placed with a desire to preserve culture and language. (While this may be valuable, the question revolves around who has the preservation responsibility: our pub- lic education system or families?) For many people in the bilingual bureaucracy, native language instruction has become the goal, rather than the means to a better education.42
Wemustdecide whetherourmission istomaintain languagesand cultures,orto overcomebarriersto successful
Oftentimes, fear that students will lose their na- tive language outweighs the importance of learning En- glish.43 We must decide whether our mission is to maintain languages and cultures, or to overcome barriers to successful parti- cipation in society. Our de- cision should bring about the full participation of LEP students in their edu- cation, helping them to be-
come productive citizens. Schools must be held accountable to achieve such results within a reasonable amount of time.44
A different agenda?
Bilingual education has earned the distrust of many citizens because of attitudes within the education ad- ministration that seem to use bilingual education as a
tool to advance an agenda unrelated to student academic welfare. For example, bilingual education is supported by some as the means to advance a movement to recog- nize Spanish as the second national language of the United States.
Spanish “should no longer be regarded as a ‘foreign’ language,” according to Josuè Gonzàlez, director of bilingual education in the Carter Administration and now a pro- fessor at Columbia University Teachers Col- lege. Instead, he writes in Reinventing Urban Education, Spanish should be “a second na- tional language.”45
According to Rosalie Pedalino Porter, herself an immigrant and previous director of bilingual and ESL programs in Newton, MA, the initial expectations of bilingual education were: “better and more rapid learn- ing of English, better mastery of school subjects, and higher self-esteem among students by using their native language in the classroom, which could lead to higher academic achievement and lower rates of school drop- outs.”46 Unfortunately, for too many students in bilin- gual education none of these goals have been achieved. Yet the bureaucracy of bilingual education seems to ig- nore the fact that the status quo and ever increasing fund- ing has done little to change the achievement gap for the very students it originally intended to protect.
Who has the responsibility to maintain native lan- guages and cultures: families or schools? In Forked Tongue, Rosalie Pedalino Porter submits that the goal of education is not to teach each group only about its own family and culture.47 Rather, the focus must be on preparing students to become empowered par- ticipants in society.
National Action
Arizona
In November of 2000, voters passed Proposition 203 by a 2-1 margin.48 The new legislation, affecting about 100,000 LEP students (or nearly 1 in 8 students)49 requires that all students be “taught English as rapidly and effectively as possible” in one-year structured En- glish immersion programs. Students may be placed in an alternative program only by receiving a parental waiver.
A look at Arizona test scores gives some insight as to why Arizona has followed California’s lead in eliminating bilingual education. The Center for Equal
Opportunity reported that in 1998-99, students in bi- lingual programs scored between the 25th and 17th per- centiles on the Stanford 9 test in English, while those in ESL programs scored at the 41st percentile (native En- glish speakers scored at the 53rd).50
At the request of the Arizona Department of Edu- cation, the Institute for Research in English Acquisition and Development (READ) analyzed a model bilingual program to identify key elements of its success.51 Creighton Elementary School District was selected be- cause it provided TBE instruction to a large number of LEP students, it had a high transition rate, and it was recommended by leaders in the bilingual education field. Parental involvement in program choice is a key component to Creighton’s success. The three programs choices offered are: 1) traditional bilingual/bicultural, which develops native language literacy before English literacy; 2) pull-in ESL, where ESL is provided within a mainstream classroom; 3) a dual language program which puts LEP and native English speaking students together in order to teach proficiency in both languages. The student population is over 50 percent LEP and growing. The district has a year-round schedule with three inter-sessions and a preschool program to provide remedial assistance as needed. There is a strong com- mitment to training and professional development of both teachers and aides; Creighton receives federal Title VII funds to assist with this. All teachers who work with LEP students are either bilingual/ESL certified or are currently seeking certification. Interestingly, Creighton does not use smaller class sizes for LEP students; in- stead, LEP students are integrated as much as possible
with mainstream students.
As a result of Proposition 203 (requiring students to be mainstreamed in one year), for the 2001-2002 school year, the old ESL program will become a new Structured English Immersion program; the bilingual program will become a language support program with at least fifty percent of instruction in English and with literacy instruction beginning in English instead of Span- ish; and the dual language program will remain un- changed.
Salient features contributing to Creighton’s success:
Parents choose how their child is educated
All teachers and aides who work with LEP receive special training
LEP students are integrated as much as possible with native English speakers
Extra help is offered for students that need remedial assistance
California
This is a state with 1.4 million LEP students as of school year 1999-2000,52 representing about 50 percent of the nation’s LEP population, 82 percent of whom speak Spanish. Understandably, California has been the focal point of dramatic changes in bilingual education. Frustrated with bilingual programs that didn’t deliver what they promised, California voters passed Proposi- tion 227 in June 1998 requiring that all LEP students be educated through structured English immersion with the firm goal of mainstreaming after one year. Students can be placed in a bilingual program by receiving a pa- rental waiver.
Some of the consequences of this change are as fol- lows:53
Since the implementation of Proposition 227, test scores on the Stanford-9 achievement test have shown greater improvement in the younger grades, suggesting immersion works well for younger LEP students.
Oceanside Unified School District fully imple- mented Proposition 227, completely doing away with bilingual instruction. Since then, Oceanside has experienced amazing test score increases. Other districts, such as Ceres and Santa Barbara, that chose to fully implement English immersion programs, also showed great test score increases among LEP students. It is difficult to isolate what influenced the change in test scores since a switch from bilingual education to English immersion was accompanied by a reduction in class size in grades K-2 and implementation of a phonics approach to reading. Dr. Joseph Farley, assistant Superintendent of Oceanside School District and former bilingual educator, testifying before a U.S. House Subcommittee on June 24, 1999, com- mented on the results: “Our Superintendent [Ken Noonan] was the founding president of the California Association for Bilingual Education and we all campaigned against the initiative, but these results are forcing us to reevaluate our position on bilingual education.”
Only one district, San Jose Unified School
District, is legally exempt from complying with Proposition 227 because of a court-ordered consent decree mandating bilingual education.
San Jose also showed some of the least impressive improvements in LEP test scores, especially in reading and language, remaining below average for the past two years.
Many districts aren’t complying with Prop 227 or have used the parental waiver process to pressure parents into continuing their children in bilingual programs. Three districts maintaining bilingual programs are Santa Ana Unified, Vista Unified, and Ocean View (Ventura County). These districts are cited by bilingual advocates as providing good bilingual programs, but did not produce test score results that were better than the previously listed districts that switched to English immersion.
Other districts, such as San Francisco Unified and Oakland, selectively administered the Stanford-9 test only to LEP students who were thought likely to pass, therefore skewing test results to create the appearance of a successful bilingual program.
California will be closely monitored to see how LEP students are fairing in school systems that implement English immersion. So far, the harsh criticism of wide- spread English immersion—which predicted harm and failure for California’s 1.5 million LEP students—has not been proven accurate.
Colorado
Voters in 2002 will choose whether or not to re- place bilingual education with a one-year immersion program. Last year a similar proposal was challenged by a court and taken off the ballot.54 The latest petition would require schools to implement a one-year English immersion program unless parents choose otherwise.
Connecticut
After twenty years of mandatory placement in bi- lingual education, schools must now seek parental con- sent before enrolling students in bilingual programs. Public Act 99-211, An Act Improving Bilingual Educa- tion, went into effect in the Fall of 2000. Connecticut has well over 19,000 LEP students, about 3.6 percent of the student population.55
Massachusetts
Massachusetts has more than 122,000 LEP students (over 13 percent of the student population).56 On July 31, 2001, a ballot initiative similar to those in Califor- nia, Colorado, and Arizona was launched on the front steps of the Statehouse in Boston. Thirty years ago, Mas- sachusetts was the first state to establish a mandate for
bilingual education. Now, many education leaders—who themselves taught in the bilingual system and have be- come disenchanted with it—are lobbying for change with the English for the Children campaign. Support- ers hope the initiative will be on the 2002 ballot.57
New York, NY
As one writer for the New York Times put it, “Over the last 25 years, bilingual programs at many schools have become foreign-language ghettos from which many children never escape.”58 The New York City Board of Education enacted a policy in March, 2001, suppos- edly overhauling the bilingual education program with a 7-to-0 vote. The purpose: to expose more LEP stu- dents to English during the school day. It gives parents the right to choose whether their child will be educated in new classes that emphasize instruction in English, or to remain in classes with native language instruction.
Previously, about half of the 176,000 students en- rolled in the bilingual program participated in ESL classes (subjects are taught in English). The rest of the bilingual students received some instruction in English but other courses—such as math and social studies— were taught mainly in their native languages. Parents will now be given several choices ranging from tradi- tional bilingual to virtually full-time English immersion, with the goal of moving students into mainstream classes as quickly as possible. Speculation exists as to how many changes will actually be enacted due to funding con- flicts.
March 2001 also began the first phase of Saturday school classes: 34,000 children were invited to partici- pate, 16,000 of whom were offered English classes if they had been in bilingual or ESL classes for more than three years.59
Research
Two competing theories exist when it comes to bi- lingual education models:
Teach students first in their native language
Teach in English as soon and as much as possible
Each is either accused of linguicide and cultural imperialism, or ethnic separatism and self-interest.60 Re- search can be found to support both of these conflicting theories, however, relatively few studies are methodologi- cally sound.
Is one year enough?
This is quickly becoming the most asked question regarding LEP students. Before answering the question, it must first be expanded. Is one year enough to become as fluent as a native English speaker? Not usually. Is one year enough to participate in mainstream classes with native English speakers? Usually.61
Rossell points out that research focuses on how long until a student is fluent, not on how long a student needs services.62 Predictions of three to seven years until flu- ency is achieved do not mean that a student must be in TBE classes the entire time.
In fact, a look at the methods used to educate im- migrant children in other Western democracies (France, Germany, Australia, Canada, Belgium, the Netherlands, Denmark and Switzerland) will prove insightful. Two types of programs have been implemented. The first is a one-year reception class, where newcomers intensively study the language of the school for one year (two if necessary) and then are integrated into regular classes with ongoing support as needed. Kindergarteners are placed directly into a mainstream classroom, and older students’ previous education is assessed for the best place- ment so classes will continue in subjects previously learned.63 Accountability for results is essential to the effectiveness of such an approach.64
The second program offers students the opportu- nity to voluntarily continue development of their na- tive language as an elective, sometimes after school.
The goal of both of these programs is to integrate immigrant students as quickly as possible into the main- stream while supporting native language development. One-year immersion programs are also found in the U.S., although they do not all carry the same label. In The ABC’s of English Immersion: A teacher’s guide, Rossell lists many cities across America with “newcomer”
schools, and quotes a description of them:
The newcomer schools in our sample are impressive places: In their clear sense of mission, innovative curricula, professional teaching staff, and links to the larger com- munity, they represent the kinds of schools to which all children, immigrant and native born, should have access…. The newcomer schools in our sample are all self-contained programs that students attend full-time for one or two semesters, and all but the Los Angeles high school operate in physically separate locations. However, there are a
variety of other newcomer models, includ- ing ones that students attend for half the day and then spend the remainder of the day in mainstream classes.65
Researchfocuseson howlonguntila studentisfluent,not onhowlongastudent needsservices
Rossell concludes by addressing why California’s Proposition 227 limits to one year the time a student can be placed in a separate below-grade level classroom: not because anyone thinks non-English speaking chil- dren will have mastered English in one year, but be- cause evidence suggests that sometime during their first year, immigrant children
will understand enough English so that they will be better off in a grade-level mainstream classroom than in a remedial class- room.66
In addition, the school year is packed with subject material students must learn. Stressing maintenance
of the native language or balanced bilingualism distracts from instruction that produces improved English ability.67 The fact of the matter is that when a new subject such as native language maintenance is added, a trade-off is made between English language instruction or subject matter. Beneath all the rhetoric remains the fact that students can understand and function effectively in English long before they have achieved parity.68
Assessment
An essential, but disappointingly undefined and inaccurate area of bilingual education is the assessment of LEP students. English proficiency tests and standard- ized achievement tests are both used to assess fluency in the English language. However, determining fluency based on these tests is inaccurate because the tests can- not separate fluency from academic ability. In other words, a wrong answer may be wrong for one of two reasons: either the student didn’t know the answer (aca- demics), or they couldn’t understand the question (lan- guage fluency). In addition, standardized tests are designed on a bell curve so that 35 percent of students taking a test—even if they are fluent English speakers— will score at or below the 35th percentile.
With these odds, one can see why it could be very hard to test out of the TBE program. Another strike against the likelihood of testing out of the program is that students with lower socioeconomic status score
significantly lower on achievement tests, and immigrant children tend to be a high poverty group.69 In Washing- ton, 49.3 percent of LEP students were served by Title I in the 1999-2000 school year. Also, if the percentage of LEP students in a school district rises above 15 percent, the level of students meeting Math and Reading stan- dards decreases below the state average. Districts with higher levels of LEP students have a higher percentage of low-income students and lower achievement test scores.70 See Figures BL-10, BL-11.
Percent meeting standard
It is no wonder that 40 percent of our state’s LEP students stagnate in segregated classes when the state requires a test score above the 35th percentile on an achievement test to exit the TBE program, a score which
50%
45%
40%
35%
30%
25%
20%
15%
10%
5%
0%
Math 4th grade
Math 7th grade
District percent of LEP students
50%
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20%
10%
0%
<=25
<=20
<=15
>10 & >15 & >20 & >25
>5 &
<=10
State <=5
Percent Meeting Standard
Figure BL-10 District math scores by percent of LEP students. Source: Educating Limited-English-Proficient Students in Washington State, OSPI Report, December 2000
70%
60%
Reading 4th grade
Reading 7th grade
District percent of LEP students
<=25
<=20
<=15
>10 & >15 & >20 & >25
>5 &
<=10
State <=5
Figure BL-11 District reading scores by percent of LEP students. Source: Educating Limited-English-Proficient Students in Washington State, OSPI Report, December 2000
35 percent of fluent-English students taking the test would not achieve.
Proficiency Tests
Proficiency tests fare no better than achievement tests. Rossell verifies that all English proficiency tests, whether oral or written, are known to be (1) unreliable— the same outcome cammpt be attaomed in subsequent tests of the same child; and (2) invalid—they do not accurately determine who is LEP.71
Defining proficiency itself is no easy task, as evi- denced by a recent study for the U.S. Department of Education by Hakuta, Butler, and Witt, which found no agreement as to what proficiency is, concurring with a previous report by the National Institute of Educa- tion for the U.S. Department of Education, and verify- ing Rossell and Baker’s conclusion that, “Language proficiency is one of the most poorly defined concepts in the field of language education.”72
To test the reliability and validity of proficiency tests, the same proficiency test that is predominantly used in Washington State—the LAS—was administered to above average, monolingual English-speaking children in Chicago. It misclassified nearly 50 percent of them as LEP. The study also showed an intriguing trend: 78 per- cent of the English-speaking five-year olds, but only 25 percent of the 14 year olds, were classified as LEP.73 It is interesting to compare this finding to the distribution of LEP students across grade levels in Washington state, with 50 percent of LEP students enrolled in grades K-3.
A similar study in 1984, by the U.S. Department of Education, administered the Language Measurement and Assessment Instrument (LMAI) to a “nationally rep- resentative sample of monolingual English speaking school-aged children. The test classified 42 percent of them as LEP,”74 even though each child spoke only English.
The basic flaw is this: Neither standardized achieve-
ment tests nor proficiency tests can tell the difference be- tween a student who does not know English and a student who does not know the answer.75 Indeed, students classi- fied as LEP also may score as non-proficient in their native language because the tests do not measure flu- ency alone, but also academic ability.76
Sharon Duncan and Edward De Avila studied lan- guage proficiency among Hispanic students in Califor- nia in 1979. A majority (54) of the 101 students classified by the LAS as limited or non-English proficient were also classified as limited or non-Spanish proficient by
the Spanish LAS. Of the total 96 students classified as LEP, fewer than half (42) were considered proficient Spanish speakers according to their Spanish test score.77 Another study by Heidi Dulay and Marina Burt in 1980 found that in a sample of California school districts, “only half the Hispanic students identified as LEP…were more fluent in Spanish than they were in English. In one school district, almost 40 percent of the Hispanic LEP children spoke no Spanish at all.”78
The American Institutes for Research (AIR) national evaluation of Title VII programs (containing The Bilin- gual Education Act) found that “less than one-third of the students in Title VII classrooms were there because of their need for English instruction as judged by their class- room teacher. Only 16 percent were monolingual Span- ish speakers. When asked what happens to the Spanish-dominant child after he or she is able to func- tion in English, 86 percent of the project directors re- ported that the child remained in the bilingual project. [Emphasis added.]”79
Teacher judgment
Standardized tests for LEP students were intended to replace teacher judgment. Many studies have been conducted comparing teacher ratings with achievement and proficiency test data. They show the inaccuracy of the latter and the accuracy of teacher judgment in pre- dicting both language proficiency and academic achieve- ment. Indeed, a survey conducted in 1979 by the Southwest Regional Laboratory for Educational Research and Devel- opment found the experience of users of these tests to be less than satisfying:
They expressed little confidence in the tests. Generally users felt that teacher judgment was more likely to be a valid measure of both language proficiency and capability of suc- ceeding in an all-English-medium classroom than any test that they had been using. How- ever, project staff had continued to employ the tests in the entry/exit process in order to satisfy state or federal regulations or to give the appearance of objectivity in project de- cision making. 80
A 1989 study by Nancy Russell and Alba Ortiz spe- cifically analyzed the Language Assessment Scales (LAS). They found that the LAS predicted language compe- tence neither in spontaneous conversations nor in read- ing achievement. Rather, the best predictor of reading achievement was the teacher’s rating of language proficiency.
They concluded: “the LAS and the Pre-LAS…are of lim- ited value in making placement decisions or planning educational programs for LEP students.”81
Washington state law allows teachers to assess stu- dents for TBE eligibility by first conducting an in- terview with the child, an excellent step toward eliminating misclassifica-
Neitherstandardized achievementtestsnor proficiencytestscan tellthedifference betweenastudent whodoesnotknow Englishandastudent whodoesnotknow theanswer.
tion—if the interview is conducted by a trained and experienced ESL or bilin- gual teacher. However, based on Washington’s philosophy of transitional bilingual education, stu- dents who speak English most commonly but are classified as LEP may be taught to read in Spanish (or any other language) on the basis that this will help them learn English.82
Literacy
Opponents of transitional bilingual educationcontend that it relegates students to years of classroom instruction that is below grade level and that it inhibits LEP students from participating in school life with their English-speaking peers.
One must ask the question: If Rosa learns to read first in Spanish, when does she switch to English? Once she learns to read in English, when does she stop at- tending classes taught in Spanish and instead attends classes with the rest of the student body? At some point along the continuum of her educational career, English instruction must replace Spanish instruction. But de- laying such a switch makes it more difficult as concepts and vocabulary become increasingly complicated in each grade level.
Early literacy development is extremely important because, as research shows, a child’s reading level in first grade is a surprisingly accurate predictor of reading achievement into high school.84 In “When Older Stu- dents Can’t Read,” Louisa Moats describes the common characteristics of poor readers and effective, intensive research-based instruction that will overcome—within one to two years—the gap between poor readers and their grade-level peers. Moats asserts that “reading fail- ure begins early, takes root quickly, and affects students for life.” Over time, the effects of poor reading skills
spread like a cancer affecting comprehension, spelling, writing, and even speaking skills.85
Rossell and Baker, summing up research findings
It’safallacythatchildren cannotspeakorwritein Englishbythetimethat theyleavekindergarten. Wearelivingproof.When theyleave,theyhavethe foundationnecessaryto beginthefirstgrade.
Somemakethetransition toanEnglish-speaking class.Italldependson thechild.
–Mrs. Urove-Martinez, teacher at P.S. 83 in New York City, speaking about students who enter kindergarten un- able to speak English.83
from across the coun- try, find that teaching LEP students to read and write in their na- tive language is at least marginally detrimental to their ability to suc- ceed in school and their ability to acquire English.86 In addition, it is certainly not nec- essary for an LEP child to learn to read first in his or her native lan- guage.87
Various programs have successfully taught LEP students to read in English first. The Success for All reading program for third graders teaches all children equally with the goal that each child will leave third grade reading at or above
grade level.88 Herein lies the magic to this program’s suc- cess: it caters to no culture but instead focuses on effec- tively challenging students in a way that enables them to succeed. Children from low-literacy homes can learn to read in a second language when given quality instruc- tion.
Other programs are reporting success in teaching elementary-aged LEP students to read in English. Oceanside School District’s LEP student test scores in- creased tremendously after eliminating bilingual educa- tion and implementing a phonics-based reading program instead of a whole language approach.89 When working with LEP students, phonics works better than whole language. “Direct instruction in phonics and other ‘pro- cessing’ skills is more important for these children than it is for middle-class English monolingual children.”90
Still other research further negates the belief that students must be taught first in the native language. Three pertinent conclusions regarding the education of LEP students can be drawn from a 1997 National
Research Council (NRC) study.91 The fact that these findings come from pro-bilingual authors makes them all the more remarkable:
There is no positive or negative effect from teaching in the native language
Teaching to read English first is not damaging
Emphasizing cultural and ethnic differences is not helpful
Opinion surveys: what parents want
Educators, parents, and researchers across this nation testify that an invaluable element of a child’s education is the involvement of his or her parents. With that in mind, a look at what language minority parents desire for the education of their children is fitting. A review of opin- ion surveys conducted since the 1980’s was compiled by Rossell and Baker.92 Their conclusions are insightful and intriguing.
First, it must be said that support for native lan- guage instruction varies among minority groups. Asian parents tend to be less supportive of native language instruction than are Hispanic parents. Also, most par- ents often support both continued native language in- struction and all-English instruction at the same time—two mutually exclusive options.
One survey of great importance was contracted by the U.S. Department of Education to the Educational Testing Service (ETS) in 1988.93 The survey elicited lan- guage minority parents’ opinions of bilingual education programs. What is apparent from the results is that fa- voritism toward bilingual education varies depending on the question asked, from over 80 percent to less than 1 percent. For example, 70 percent of parents said they wanted the school to teach literacy in both languages. But only 12 percent of Mexican-American parents wanted Spanish taught in school if it meant less time for teaching English. No more than 22 percent were willing to give up art or music to have their child taught the native language. Rossell and Baker assert that “at a minimum, 42 to 52 percent of Mexican-American par- ents wanted no reduction in English or any other sub- ject in order to include Spanish, and they wanted the schools to teach literacy in both languages!”
Trade-off
What many parents don’t automatically consider is that there is a trade-off. Adding a second language to the curriculum means that the use of English at school will decline. Parents forget that adding another subject
to the school day usually means that something else must be subtracted. When parents are not specifically asked if they are willing to give up English language instruction or subjects taught in English to have their child learn a native language, survey results change dramatically.
Rossell and Baker show that polls about bilingual education “overestimate support for native tongue in- struction” because “when the trade-off question is asked support plummets about 60 points.” When it is not asked, parents often support mutually exclusive alternatives.94
It may very well be, according to Rossell and Baker’s review of the surveys, that bilingual education is not an issue of importance to language minority parents. This is inferred from responses to a non-directive 95 question from the ETS survey, asking parents to rank the three most important things they wanted their child to learn at school. Teaching the non-English language came to the minds of only 4 to 10 percent of the parents, and almost no one mentioned teaching ethnic heritage.
In answer to another question, almost 98 percent of language minority parents said that learning English was very important, and fewer than half the parents thought that the school had the primary responsibility to teach literacy in the native language.
Rossell and Baker conclude:
Learning academic subjects like math,
history, & science
Learning to read, w rite & speak English
Some of the support shown for bilingual education reflects general support for any special program for language minority chil- dren . . . although more parents surveyed support English language programs for LEP students than support native language pro- grams for LEP students, the differences in support are not large. Support for bilingual education programs is undoubtedly inflated by the fact that parents do not completely understand what they are beyond the fact that they are special help programs for LEP children.96
CEO Survey
The Center for Equal Opportunity commis- sioned a national survey in 1996 97 to discern what Hispanic parents want their LEP children to learn. For part of the survey participants were asked to rank a list of five educational goals according to which was most important, second most impor- tant, etc. The results can be seen in Figure BL-12,
ranked as second most important with 25.5 percent of the votes, behind learning academic subjects (30.7 percent).
Another question on the survey provided evidence about the educational priorities of parents not by ask- ing which is most important, but by asking which should come first. “In your opinion, should children of His- panic background, living in the United States, be taught to read and write Spanish before they are taught En- glish, or should they be taught English as soon as pos- sible?” Over 60 percent favored teaching English first. Figure BL-13.
It is interesting to note that a higher percentage of parents interviewed in English (81.4 percent) favor teach- ing English as soon as possible compared to a smaller majority (59.2 percent) of those interviewed in Span- ish. As the survey reports, “Intensity on this issue varies directly with educational level. The higher the educa- tional level of the respondent, the more likely it is that he or she will prefer that English be taught as soon as possible. A similar pattern prevails with respect to the length of time respondents have lived in the United States.” The longer immigrants have lived here, the more likely they are to favor English being taught as soon as possible, especially among Cuban-Hispanics who favor English first by 70 percent.
A final question dealt with the trade-off issue of preserving Spanish versus less time learning English:
In general, which of the following comes closest to your opinion?
My child should be taught his/her academic courses in Spanish, even if it means he/she
51.0%
23.3%
Learning to read, w rite & speak
Spanish 11.0%
Learning about Hispanic culture 4.3% Learning extras like music, arts, & 3.7%
sports
0% 10% 20% 30% 40% 50% 60%
showing that parents label as most important En- glish and academic subjects. Learning Spanish is
Figure BL-12 Hispanic parents ranking each goal “Most Important.”
Source: The Importance of Learning English, A National Survey of Hispanic Parents, commissioned by Center for Equal Opportunity
will spend less time learning English (12.2 percent)
My child should be taught his/her academic courses in English, because he/she will spend more time learning English (81.3 percent)
Unsure (6.5 percent)
The implications of this and other surveys clearly demonstrate that parents may want their children to learn native language skills, but not usually at the expense of learning to read, write, and speak English or before stu- dents learn these skills in English.
Program evaluation
Washington’s Superintendent of Public Instruction has come to some general conclusions about the state of the current TBE program. A bilingual advisory com- mittee is exploring the possibility of:
Selecting one English proficiency test to determine program eligibility
Developing English language achievement standards to monitor student progress toward English fluency [now required by HB 2025]
Designing a data collection system that would enable ongoing assessment and monitoring of program effectiveness98
Of these three projects, the latter is the most critical for determining future direction of the program. The current data collection system allows for almost no com- parisons to be made that would quantitatively deter- mine how effective the program is for certain language groups, districts, socioeconomic groups, etc. Accord- ing to Helen Malagon, state supervisor of bilingual
Not sure
3%
Same time
17%
English as soon as possible
63%
Spanish before English
17%
Figure BL-13 How soon should Hispanic children be taught English? Source: The Importance of Learning English, A National Survey of Hispanic Parents, commissioned by Center for Equal Opportunity
education, for the past two years, the Bilingual Educa- tion Office has been working on creating a new method of collecting data. In addition, the state auditor is exam- ining a sample of districts to determine if students are being transitioned out of the TBE program properly.99 For LEP students in Washington, results speak louder than good intentions, and the results don’t show that TBE is working: 40 percent of LEP students stag- nate in the program for more than three years. Transi- tional bilingual instruction is an unnecessary waste of money in a state where 159 languages are represented. Nationally, transitional bilingual education most usu- ally means “transitional Spanish to English education.” Although it is difficult to ascertain exactly from the district data collected, it appears that a majority of LEP students are educated in an ESL program. Something is wrong, however, when 40 percent of those students re- main in the program for more than three years. Of course, there is no telling what kind of special assistance the students are receiving—if they are mainstreamed with pull-in or pull-out programs, if they really can’t speak English at all or if they are simply receiving minimal help, such as tutoring outside of school or within the
classroom.
Culture war: Priorities
The Washington OSPI declares that, “Schools need to provide LEP students with cognitively complex aca- demic instruction through their first language for as long as possible.”100 Instruction in English would then be pro- vided for part of the school day in increasing amounts as fluency increases.
The claim that LEP students need to be taught in
their native language as long as possible is unproven by accurate research and demonstrates a stubborn adher- ence to theories that were created to support the bilin- gual education laws decades ago. One could say that we are involved in a cultural war, as many bilingual educa- tors are more concerned with cultural and linguistic maintenance than with the educational achievement of language learners.
The great tragedy is that the casualties of such a war are the futures of LEP students who are left sitting in native language classes. A line has been drawn in the sand, and the ideology of each side could be defined as believing either that native language instruction is nec- essary to guard language fluency at any cost, or that na- tive language should be used only as a support while English is prioritized to achieve complete participation
in an English speaking education system and society. From opinion surveys of parents, it is obvious that their educational desires for their children line up with the second set of priorities.
Elements of successful programs
As the OSPI report recommends, focusing on pro- gram labels (since programs with the same name, such as TBE, vary widely in practice) is less helpful than iden- tifying effective methods of educating LEP students at the school, district, state, and classroom levels. That is precisely what we hoped would have occurred by now, given the decades that the TBE program has existed in Washington state. Washington does not differ much from the national scene where bilingual education has provided little accurate research, much failure for those it was intended to help, and a stubborn ignorance of the need for change. Thankfully, to create successful pro- grams we need not start from scratch, since researchers have identified common characteristics of successful bilingual and immersion programs.101 They include:
Some native-language instruction, especially initially when a student knows no English.
English instruction is phased in relatively early and the native language is then used only to clarify instructions.102
Content areas such as math, social studies, and science are taught in English.
80 percent of class time is used for academic learning tasks.
Specially trained teachers to instruct English language learners.
High expectations of LEP students’ ability to achieve the same high standards that are expected from native English speakers.
Integration and Communication
Two more elements could be added to the list: (1) early and consistent integration with native English speakers.103 (2) Constant communication between teach- ers about LEP students. ESL/TBE teachers need to know of problem areas in the regular classroom to provide the best assistance to LEP students, and to tackle areas of confusion or misunderstanding before they become major hindrances to comprehension.104
Plan for Newcomers
Washington state’s LEP students tend to be a mi- gratory population, as evidenced by the monthly aver- age of LEP students (55,651) compared to the total LEP students served (66,281). 19.7 percent (13,058) are
federally funded by the Title I Migrant Education pro- gram. To better deal with this, school districts should plan for the needs of newcomers and design strategies to meet their needs so new students don’t hold back the class. The European model of one-year reception classes for newcomers is a recommended example of effective integration of immigrant students.
Teacher training
Returning to the previously listed characteristics of successful programs, number four is: teachers who are appropriately trained to teach LEP students. Washing- ton state has much room to improve as far as training is concerned. Of teachers providing instruction to LEP students in school year 1999-2000, 45 percent had an ESL endorsement and 17 percent had a bilingual en- dorsement. Only fifty-two percent of the 185 school districts with LEP students provided in-service training for teachers on ESL and bilingual education, and 64 percent of the districts provided such training to instruc- tional aides.105 No information is presented in the SPI’s report that identifies the number of instructional aides trained to work in ESL or bilingual programs.
An important distinction to be made is that teacher and instructional aide training does not mean that in- structors are bilingual. Various studies have shown that the bilingual ability of a teacher, or lack thereof, does not affect student achievement.106 Others show that hav- ing a bilingual teacher has a negative effect on English achievement, but having a teacher who is merely famil- iar with the child’s native language has a positive effect.107 Some native language ability is helpful, but too much can actually be detrimental (if the goal is English lan- guage proficiency) unless the bilingual teacher is able to minimize the amount of time spent instructing in the native language of the students. (In other words, when the Facilitation Theory is subverted, students benefit).
Recommendations
Mandate the results, not the means. Districts should be allowed to implement whatever educa- tional programs they think best target LEP students. Education programs for LEP students that fail to achieve their stated goals within the time allowed should not be maintained (at peril of lost funding). Accountability is essential in such an approach, which is why this shift in policy must go hand-in-hand with the next recommendation.
Change the three-year transitioning goal to one year. Early results in California indicate LEP students have nothing to lose by making this change and may have a great deal to gain. This would also allow funds to be shifted to teacher training and assistance. After transitioning, LEP students should participate fully in mainstream classes while receiving, as necessary, extra services such as after-school programs, tutoring, and pull- out ESL assistance. To avoid unnecessary segrega- tion, prior to transitioning, ESL students should be integrated into as many activities with their English-speaking peers as possible.
Do not place students in a separate program
without parental consent. In Washington, the burden is placed on language minority parents to request the removal of their child from special classes. Current law must be amended to require the district to obtain parental consent to enroll a student in a special program.
Base entrance and exit criteria principally on teacher judgment, not test scores, until a valid and reliable test is develped or adopted. Research shows that (1) teachers are a more accurate predictor of LEP student success than standard- ized tests, and (2) that standardized tests are invalid and unreliable predictors of achievement and proficiency.
“Improve the instruction of the growing number of LEP students while operating under staff- related constraints.”– SPI 2000 report. While acknowledging the constraints Washington faces (“The sheer number of languages spoken in many districts and a shortage of well-trained staff who can provide bilingual or ESL instruction poten- tially makes LEP students more at risk of fail- ing…”), the state superintendent continues to recommend an impossible and extremely costly shift to native language instruction for as long as possible. This is not sensible.
Provide better research and district data about program variations. School districts should be required to keep data that will enable state researchers to explore program variations and their effects on LEP students. In addition, an entity outside the state should also analyze the data collected. Washington state TBE program administrators have been designing a more detailed data collection system for the past two
years. Only with heightened analysis and quality research will we know exactly which areas of LEP education require improvement, and which are successful.
Endnotes
Bilingual Education Act, 20 U.S.C. §7401-
§7491(1999)
Rosalie Pedalino Porter, “The Case Against Bilingual Education: Why even Latino parents are rejecting a program designed for their children’s benefit,” Atlantic Monthly, May 1998.
3. 414 US 563 (1974)
Sheldon Richman, “Bilingual Education: A Failed Experiment on the Children,” Independence Issue Paper #6-97, (Golden, CO: Independence Institute, 1997).
Washington State Superintendent of Public Instruc- tion, Educating Limited-English-Proficient Students in Washington State, (Olympia, WA: OSPI, 2000), 18-19.
Ibid.
Ibid., 22
Minerva Morales, Curriculum Coordinator for Grandview, WA, telephone conversation with Sharon Davis, EFF Research Analyst, 7 August 2001. Grandview is one of five school districts with an LEP population that is 95 percent Spanish or more and with a percentage of students remaining in the TBE program more than three years that is under six percent. Only 1.2% of their 518 students were in the program longer than three years in 1999-2000. Morales attributes this to staff training and trained instructional aides that assist LEP students in the mainstream classroom. This year, ESL training will begin for all teachers that don’t already have it.
Superintendent of Public Instruction, Educating
Limited-English-Proficient, 25.
10. Ibid., 6, 7.
Ibid.
Limited English Proficient Students, Ch. 6, 2001 Wash. Laws 1st Special Session.
Educating Limited-English-Proficient, 5-6.
Ibid., 8.
15. Ibid., 10.
Christine Rossell and Keith Baker, Bilingual Education in Massachusetts: The Emperor Has No Clothes, (Boston, MA: Pioneer Institute for Public Policy and Research, 1996), 54.
Porter, “Case Against Bilingual Education.”
Rossell and Baker, Bilingual Education in Massachusetts,
5.
19. Ibid., 53, 54.
Kenji Hakuta, Mirror of Language: The Debate on Bilingualism, (New York, NY: Basic Books, 1983), quoted in Rosalie Pedalino Porter, Forked Tongue: The Politics of Bilingual Education, (New York, NY: Basic Books, 1990), 198.
Rossell and Baker, Bilingual Education in Massachusetts,
53, 54.
Rossell and Baker, Bilingual Education in Massachusetts, 65.
G.J. Burkheimer, Jr., A. Conger, G. Dunteman, B. Elliott, and K. Mowbray, Effectiveness of services for language minority limited English proficient students, (Raleigh-Durham, NC.: Research Triangle Institute, 1989); J. Ramirez, S. Yuen, D. Ramey, and D. Pasta, Final Report: Longitudinal Study of Structured English Immersion Strategy, Early-Exit and Late-Exit Transitional Bilingual Education Programs for Language-Minority Children, Vols. I and II, prepared for U.S. Department of Education, (San Mateo, CA: Aguirre International, 1991).
Rossell and Baker, Bilingual Education in Massachusetts, 2.
Charles Glenn, “What does the National Research Council Study Tell us About Educating Language Minority Children?” (The READ Institute: 1997), a critique of Diane August and Kenji Hakuta, editors, Improving Schooling for Language-Minority Children: A Research Agenda, (Washington, DC: National Research Council, 1997). Glenn served as an invited reviewer of the draft of the National Research Council report
August and Hakuta, Improving Schooling, 23; cited by
Rosalie Pedalino Porter, “The Benefits of English Immersion,” Educational Leadership, January 2000. The study also found, in a review of 30 years of bilingual education research, that “there is yet no conclusive evidence that native language programs are superior to English immersion or [ESL] programs.”
Louisa C. Moats, “When Older Students Can’t Read,”
Educational Leadership, March 2001.
Kenji Hakuta, Mirror of Language, 219.
Kenji Hakuta, Yuko Goto Butler, and Daria Witt, “How Long Does It Take English Learners to Attain Proficiency?” Policy Report 2000-1 (The University of California Linguistic Minority Research Institute, 2000), cited by Superintendent of Public Instruction, Educating Limited-English-Proficient, 114.
Christine H. Rossell, “Different Questions, Different Answers: A Critique of the Hakuta, Butler, and Witt Report, ‘How long does it take English learners to attain proficiency?’” (Washington, DC: Institute for Research in English Acquisition and Development, 2000).
Christine Rossell, “Is One Year Enough?” The ABC’s of
English Immersion: A Teacher’s Guide (Center for Equal Opportunity, 2000).
Glenn, “National Research Council Study.”
Rossell and Baker, Bilingual Education in Massachusetts, 60, 204.
Christine Rossell and J. Michael Ross, “The Social Science Evidence on Bilingual Education,” Journal of
Law and Education (1986) cited in Rossell and Baker,
Bilingual Education in Massachusetts, 61.
Ibid.
Glenn, “National Research Council Study.”
Rossell and Baker, Bilingual Education in Massachusetts,
59.
Superintendent of Public Instruction, Educating Limited-English-Proficient, 14.
Handbook on Planning for Limited English Proficient (LEP) Student Success (Denver, Colorado: Colorado Department of Education, 1997), 71.
Barbara Swartz, “Problems with Bilingual Education Clearer Now,” Houston Chronicle, 27 March 2001.
Linda Chavez, “Bilingual Education: Conformity in the Name of Diversity”, American Experiment Quar- terly, Summer 1998.
Porter, Forked Tongue, 5.
43. Ibid., 83.
Rossell and Baker, Bilingual Education in Massachusetts, xii.
Linda Chavez, “One Nation, One Common Lan- guage,” The Failure of Bilingual Education (Washing- ton, DC: Center for Equal Opportunity, 1995), 9.
Porter, “Benefits of English Immersion.”
Porter, Forked Tongue, 163-4.
Mary Bustamante and Dina Doolen, “Bilingual ed: Fight goes on,” Tucson Citizen, 9 July 2001.
Jacques Steinberg, “Arizona teachers look to end of bilingual era,” New York Times, 18 December 2000.
David Gersten, “Report Finds That Bilingual Programs Fail Arizona Students,” (Washington, DC: Center for Equal Opportunity, 1 November 2000).
Arizona Department of Education, “English Acquisi- tion Program Cost Study—Phases I through IV,” (2001). The ADE contracted with the READ Institute and Sjoberg Evashenk Consulting, LLC to analyze a model bilingual program and the cost elements related to it.
California State Department of Education, “DataQuest,” <http://data1.cde.ca.gov/dataquest>.
Jorge Amselle and Amy C. Allison, “Two Years of Success: An Analysis of California Test Scores After Proposition 227,” (READ Institute, August 2000).
John Sanko, “Activists take cue to put English on ballot,” Denver Rocky Mountain News, 4 July 2001, Front Page.
National Center for Education Statistics, Common Core of Data (U.S. Department of Education, 1998-99).
Ibid.
“Ballot Initiative Campaign Launched to Dismantle Bilingual Education in Massachusetts,” English for the Children, <http://www.onenation.org/0107/ pr073101.htm> (31 July 2001).
“Repairing Bilingual Education,” New York Times, 22 December 2000.
Anemona Hartocollis, “Thousands of pupils start Saturday classes in English, math and science,” New York Times, March 27, 2001.
Glenn, “National Research Council Study.”
Rossell, “Is One Year Enough?”
Rossell, “Different Questions, Different Answers.”
Rossell, “Different Questions, Different Answers”; Glenn, “National Research Council Study.”
Glenn, in forward to Rossell and Baker, Bilingual
Education in Massachusetts, xiii, xiv.
Lorraine M. McDonnell and Paul T. Hill, Newcomers in American Schools: Meeting the Educational Needs of Immigrant Youth, (Santa Monica, CA: Rand Corpora- tion, 1993), 97-98; quoted in Rossell, “Is One Year Enough?” 6-7.
Rossell, “Is One Year Enough?” 8.
Porter, Forked Tongue, 207.
Jorge Amselle in introduction to Rossell, “Different Questions, Different Answers.”
See Rossell, “Different Questions, Different Answers.”
Superintendent of Public Instruction, Educating Limited-English-Proficient, 35-37.
Rossell, “Different Questions, Different Answers.”
Rossell and Baker, Bilingual Education in Massachusetts, 126.
C. Perlman and W. Rice Jr. “A Normative Study of a Test of English Language Proficiency.” (Paper presented at the annual meeting of the American Educational Research Association: San Francisco, CA: 1979), cited in Rossell, “Different Questions, Different Answers.”
U.S. Bureau of the Census, Data for the Office of Planning, Budget and Evaluation, Decision Resources, “1984 Analysis.” (Washington, DC: GPO 1984.), cited in Rossell, “Different Questions, Different Answers,” 2000.
Rossell, “Different Questions, Different Answers.”
Rossell, “Is One Year Enough?”
Sharon E. Duncan and Edward A. De Avila, “Relative Language Proficiency and Field Dependence/Indepen- dence.” (Paper presented at the annual meeting of TESOL: Boston, MA: 1979); cited in Rosell, “Is One Year Enough?”
Heidi Dulay and Marina Burt, “The Relative Profi- ciency of Limited English Proficient Students,” Georgetown University Roundtable on Language and Linguistics, ed. J. Alatis, (Washington, DC: Georgetown University, 1980); cited in Rossell and Baker, 134.
Malcolm N. Danoff, Gary J. Coles, Donald H. McLaughlin, and Dorothy J. Reynolds, “Evaluation of the Impact of ESEA Title VII, Spanish/English Bilingual Education Program: Overview of Study and
Findings,” (Palo Alto, CA: American Institutes for | elementary LEP students. D. Cardoza, A. Sanchez, and | ||
Research (AIR) 1978); cited in Rossell and Baker, 132- | R. Mendoza, “Attitudes Toward Bilingual Education | ||
133. | and Foreign Language Instruction Among Four | ||
80. | Southwest Regional Laboratories for Educational | Ethnolinguistic Groups,” (Los Alamitos, CA: National | |
Research and Development (SWRL), “Development of | Center for Bilingual Research, 1985); poll of 200 | ||
Entry/Exit Criteria and Associated Assessment Proce- | adults from each of four groups, two Hispanic and two | ||
dures for Bilingual Education Projects”, (Los Alamitos, | Asian. Leonie Huddy and David O. Sears, “Qualified | ||
81. | CA, 1981), 9; cited in Rossell and Baker, Bilingual Education in Massachusetts, 138-139. Nancy L. Russell and Alba A. Ortiz, “Assessmentof | Public Support for Bilingual Education: Some Policy Implications,” The Annals for the American Academy of Political and Social Science, March 1990, 508: 119- | |
Pragmatic Skills of Kindergarten Limited English | 134; poll of 1,170 non-Hispanic adults nationwide. | ||
Proficient Children in a Dialogue Model of Communi- | Kenji Hakuta, “Bilingual Education in the Public Eye: | ||
82. | cation,” (paper presentedat annual meeting of Ameri- can Educational Research Association: San Francisco, CA, 1989), 18; quoted by Rossell and Baker, Bilingual Education in Massachusetts, 138. Rossell and Baker, Bilingual Education in Massachusetts, | A Case Study of New Haven, Connecticut,” NABE Journal (1984), 9:53-76; poll of 216 adults in New Haven. Joan Baratz-Snowden, Donald Rock, Judith Pollack, and Gita Wilder, “Parent Preference Study,” (Princeton, N.J.: Educational Testing Service, 1988); | |
132. | poll of 867 Asian, 904 Mexican-American, 631 Puerto | ||
83. | Alan J. Borsuk, “Milwaukee Elementary School Studies | Rican, and 502 Cuban language minority parents | |
84. | Success with Structured Lessons,” The Milwaukee Journal Sentinel, 8 March 2001. H.W. Catts, M.E. Fey, and J.B. Tomblin, “Language | 93. | nationwide. Cited by Rossell and Baker, Bilingual Education in Massachusetts. Baratz-Snowden, et al., “Parent Preference study”; cited |
basis of reading and reading disabilities: Evidence from | in Rossell and Baker, Chapter7. | ||
a longitudinal investigation,” Scientific Studies of Reading, 1999, 3, 331-361; and A.E. Cunningham & K.E. Stanovich, “Early reading | 94. 95. | Rossell and Baker, Bilingual Education in Massachusetts, 162-63. Non-directive questions do not directly ask about the | |
acquisition and its relation to reading experience and | topic of interest to avoid prompting respondents to | ||
ability 10 years later. Developmental Psychology, 1997, 33, 934-945; and | address a certain topic. In the ETS survey this indirect question was asked before questions specifically | ||
S.E. Shaywitz, J.M. Fletcher, J.M. Holahan, A.E. | mentioning bilingual education or related topics were | ||
Shneider, K.E. Marchione, K.K. Stuebing, D.J. Francis, | asked. | ||
K.R. Pugh, & B.A. Shaywitz, “Persistence of dyslexia: The Connecticut Longitudinal Study at Adolescence,” | 96. | Rossell and Baker, Bilingual Education in Massachusetts, 183. | |
Pediatrics, 1999, 104 (6), 1351-1359; cited by Moats, “When Older Students Can’t Read.” | 97. | “The Importance of Learning English: A National Survey of Hispanic Parents,” (Washington, D.C.: | |
85. | Moats, “When Older Students Can’t Read.” | Center for Equal Opportunity, 1996). | |
86. | Rossell and Baker, 2. | 98. | Superintendent of Public Instruction, Educating |
87. | Glenn, “National Research Council Study.” | Limited-English-Proficient, 43. | |
88. | Ibid. | 99. | Helen Magalon, conversation with Sharon Davis, EFF |
89. | Jacques Steinberg, “Increase in test scores counters dire | Research Analyst, 27 August 2001. |
forecasts for bilingual ban,” New York Times, 20 August 2000, Front Page.
Glenn, “National Research Council Study.”
Ibid.
Phi Delta Kappan Poll, September 1988, 2,118 adults nationwide. Institute for Social Inquiry Poll, February 1987, 500 Connecticut adults. Roper Poll, Roper Reports, June 1982. Media General/Associated Press Poll #9, November 1985, 1,462 adults nationwide. Gallup Poll, Gallup Organization, January 10, 1991, 995 registered voters. “Berkeley Unified School District, Bilingual Education Parent Survey, Spring 1988,” (Hayward, CA: California State University, 1988); poll of 106 Hispanic and 122 Asian parents of
Superintendent of Public Instruction, Educating Limited-English-Proficient, 43.
W. J. Tickunoff, An emerging description of successful bilingual instruction: executive summary of part I of the SPIF study, (San Francisco, CA: Far West Laboratory for Educational Research and Development, 1983); cited in Rossell and Baker, 59; Glenn, “National Research Council Study.” This study of 58 teachers from six nationally representative sites, identifies elements of successful bilingual programs.
Research on Chinese students learning English found that the most successful teacher knew Cantonese but taught 90% in English. Teachers in Austin Indepen- dent School District’s TBE program—found to be
superior to submersion—used English as the language of instruction 82% of the time. Rossell and Baker, Bilingual Education in Massachusetts, 57-59.
Glenn, “National Research Council Study.” 104.Porter, Forked Tongue, 132, 146; Rossell, “Is One Year
Enough?”, 12.
105.Superintendent of Public Instruction, Educating Limited-English-Proficient, 10. Note: these numbers apply only to staff employed by the state, not to staff employed by other sources of funding.
106.G. Ligon et al., ESAA bilingual/bicultural project, 1973- 74 evaluation report, (Austin, TX: Austin Independent School District, 1974); J. Curtis, “Identification of exemplary teachers of LEP students,” (paper presented at the annual meeting of the American Educational Research Association; New Orleans, LA; April 1984); Malcolm N. Danoff, Beatiriz M. Arias, Gary J. Coles et al., Evaluation of the impact of ESEA Title VII Spanish/ English Bilingual education program, (Palo Alto, CA: American Institutes for Research, 1977); Malcolm N. Danoff, Gary J. Coles, Donald H. McLaughlin, and Dorothy J. Reynolds, Evaluation of the Impact of ESEA Title VII Spanish/English Bilingual Education Program, (Palo Alto, CA: American Institutes for Research, 1978); Christine Rossell, “The Effectiveness of Educational Alternatives for Limited-English-Proficient Children,” in Learning in Two Languages, (New Brunswick: Transaction Publishers, 1990).
107.G.J. Burkheimer, Jr., A. Conger, G. Dunteman, B. Elliott, and K. Mowbray, “Effectiveness of services for language minority limited English proficient students,” (Raleigh-Durham, NC: Research Triangle Institute, 1989), 5.43; L.W. Fillmore, “Learning a Second Language: Chinese Children in the American Class- room,” Georgetown University Roundtable on Language and Linguistics, (Washington, D.C.: Georgetown University Press, 1980); K. Carsrud and J. Curtis, ESEA Title VII Bilingual Program: Final Report, (Austin, Texas: Austin Independent School District, 1980); F.B. Moore and G.D. Parr, “Models of bilingual education: Comparisons of effectiveness,” The Elementary School Journal (1978), 79:93-97; cited in Rossell and Baker, Bilingual Education in Massachusetts, pp. 58-59.
Various students at all levels of the Washington state K-12 system require special attention, among them the highly capable. The resource allocation for these students, however, is startlingly different. During the 2001-03 biennium, state lawmakers allocated $12,840,000 to help fund programs for highly capable students, while pro- grams for special needs students received $839,908,000.1 As a result, the majority of funding for highly capable students generally originates from sources other than state funding, typically local school board levies.
Funding permitting, a variety of methods exist to provide opportunity and motivation for highly capable stu- dents to excel. Leading educators differ on whether these students should be mainstreamed, separated from their peers, challenged within their own classrooms, advanced to higher grades, or a combination of approaches.
Some educators say that removing highly capable students from a classroom of similarly aged peers will adversely effect their social development. Others advo- cate pulling students out for special advanced classes or permitting grade advancement, reasoning that these chil- dren adapt easily, usually due to greater levels of matu- rity. Differences such as these indicate that state programs for the highly capable should be analyzed, evaluated, and discussed thoroughly to ensure that highly capable students are enabled to achieve at the highest level.
What constitutes a highly capable student?
Defining a highly capable student is difficult. State law leaves much of the responsibility for specific deter- mination to local school districts. Districts offering such programs are required to create identification procedures in accordance with the following:
“School districts shall implement procedures for nomination, assessment and selection of their most highly capable students. Assess- ment shall be based upon a review of each student’s capability as shown by multiple criteria intended to reveal, from a wide va- riety of sources and data, each student’s unique needs and capabilities.”2
Most definitions for gifted and highly talented stu- dents come from other sources, usually researchers or organizations that study the development of programs for such students. Beverly Parke, a writer for KidSource Online states that “these students potentially differ from their classmates on three dimensions: (1) the pace at which they learn; (2) the depth of their understanding; and (3) the interest that they hold.” Parke continues, “gifted youngsters tend to get their work done quickly and may seek further assignments or direction.”3 She states that they usually ask more probing questions dis- playing a greater understanding of the material. In the cognitive realm, their interests tend to be much more mature than that of their peers.
An article by the Linda Kreger Council for Excep- tional Children gives further insight into the definition of highly capable. It states that “gifted children develop cognitively at a much faster rate than they develop physi- cally and emotionally [and] tend to experience all of
life with greater intensity, rendering them emotionally complex.” Because of their unique qualities, these stu- dents require “modifications in parenting, teaching and
counseling in order for them to develop optimally.”4 The article also outlines potential early indicators , in- cluding a fascination with books, unusual alertness in infancy, extraordinary memory, and enjoyment and speed of learning for example.
At the federal government level, both the House and the Senate are exploring bills regarding program fund- ing for highly capable students. These bills define highly capable students as: “gifted and talented students [who]give evidence of high performance capability in specific academic fields, or in areas such as intellectual, creative, artistic, or leadership capacity, and require ser- vices and activities not ordinarily provided by a school in order to fully develop such capabilities.”5
Given the unique characteristics and special needs of highly capable students, it can be difficult for a child’s regular classroom teacher to provide the best education given the demands of the entire classroom. This raises the debate of whether or not to pull gifted students out of the classroom to ensure that they are being adequately educated.
Parke advocates that the student be challenged in the regular classroom by 1) developing a flexibly paced academic program that explores topics in detail, 2) work- ing and learning under an independent study or investi- gation, and 3) making use of mentor programs. Parke also mentions the possibility of placing the student in “classes at another school or institution of higher learn- ing.”6 Since no single definition for the highly capable student exists, no single method of educating this stu- dent exists either.
State statutes
The state’s mandate regarding education funding is to make “ample provision” for the education of all stu- dents. But since highly capable programs have not been included as part of “basic education,” the state has not been required to fund these programs on a statewide level. “Supplementary funds . . . may be provided by the state for this program . . . [with] funding on an excess cost basis based upon a per student amount not to ex- ceed three percent of any district’s full-time equivalent enrollment.”7 Currently, the state legislature has chosen to set the percent funded at only two percent instead of three as the statute permits. With state funding at such a low level, local school districts are forced to find money for these programs through levies and other sources.
Individual school districts“employ and pay special instructors and . . . [can] operate such programs jointly with a public institution of higher learning” commonly known across the state as Running Start.8 Community colleges and universities throughout the state offer courses in which students may enroll to earn concur- rent high school and college credit. Additionally, Wash- ington state school districts may work cooperatively with community colleges in Idaho and Oregon to allow elev- enth and twelfth grade students to enroll simultaneously, but without charging the student nonresident tuition fees.
The Office of the Superintendent of Public Instruc- tion (OSPI) is required to carry out a program for highly capable students that includes research assistance, dis- tributing related information and “supplementary” state funds to local school districts, and providing staff de- velopment opportunities.9 Such related information consists of notifying state senior high schools and other public schools of public and private entities offering programs for college credit. This also includes such ser- vices as advanced placement classes found online. Through mandated research assistance, OSPI is to in- vestigate various methods that could be used to address the unique needs of the highly capable student. OSPI has relegated this responsibility to the state-established Washington Commission on Student Learning.
Program implementation
Most of the authority for implementation of highly capable programs rests with local districts. School dis- tricts create their own plans, provide program develop- ment, and methods of program evaluation. Given that state dollars only fund a portion of these programs, school districts look to other funding sources such as federal grants and special levies. Keeping the authority to implement and design these programs at the local level is vital since it allows those close at hand to make the most informed decisions about how to solve prob- lems and meet the specific needs of highly capable stu- dents in their area.
At the school level, senior high schools and any other public school containing a ninth-grade class must pub- lish and distribute information that stipulates the en- trance requirements for programs that lead to college credit. Such programs include Advanced Placement (AP) classes, Running Start, tech-prep, skill centers, college in high school, and the International Baccalaureate.10
Schools also must designate enrollment and completion of these programs on student transcripts.
Working together
Nurturing a gifted child can be difficult. Parents are the first educators of their children and have signifi- cant impact on a child’s development. The individual- ized attention and assessment provided by parental involvement is crucial for all students, including highly capable students. Parents play a critical role in guiding highly capable students through emotional challenges and in choosing the most
Mostoftheauthority forimplementationof highlycapable programsrestswith localdistricts.School districtscreatetheir ownplans,provide program development,and methodsofprogram evaluation.
effective learning envi- ronment with the great- est opportunities for achievement.
Ideally, parents and teachers should work side- by-side, developing meth- ods to challenge and enrich the child’s education. Par- ents can assist teachers in finding supplemental ma- terial or by helping out in the classroom itself. By maintaining a good work- ing relationship with a child’s teacher, parents can help ensure positive, intel- lectual development for their children.
An active parent can also help teachers decide if keeping the child in the regular classroom is best for the student. Tremendous diversity exists among the gifted population. Gifted students can become bored, causing behavior problems leading some parents to advocate ad- vancing their child in a particular subject or an entire grade in an attempt to foster learning and dampen bore- dom. This may or may not be a good idea. Coordina- tion between parents and teachers is critical and “the decision to allow a child to accelerate educationally is one that must be made for each child, taking into ac- count his or her intellectual and emotional needs, and the services the school can provide.”11
Highly capable program funding
As previously stated, Washington state law permits funding at a maximum rate of up to three percent of a district’s full-time equivalent enrollment, though cur-
Sample Calculation
District’s FTE enrollment average = 8,926.74
Multiply by 2% = 178.53
Multiply by $328.10 allocation =
$58,575.69
rently the legislature has elected to fund two percent of a district’s enrollment. State funding is calculated by each district and then distributed to the respective school. The formula is quite simple: the district’s average full- time equivalent enrollment figure for the previous year is multiplied by two percent. This number is then mul- tiplied by a legislatively designated per funded student allocation figure to determine the district’s funding al- location. For the 2001-02 school year, this figure was
$328.10.12
In addition to the apportionment for district-cre- ated programs, the legislature also stipulates a portion of the money to be used for statewide gifted programs including the Centrum program13 and the Washington Imagination Network, formally Odyssey of the Mind.14 During the 2000-03 biennium, $350,000 was allocated to Centrum while $186,000 went to fund the Imagina- tion Network.15
Common programs across Washington
Educating gifted students presents unique obstacles, as previously mentioned. Changes in regular school pro- grams are necessary to keep these students challenged and learning to their capacity. “Pull-out” enrichment programs are frequently provided: honors classes; afterschool and summer programs; and mentor pro- grams. In Washington state, common programs at the high school level include Advanced Placement (AP) courses, International Baccalaureate classes, and Run- ning Start.
Advanced Placement
Clifford Adelman, Senior Research Analyst for the
U.S. Department of Education writes, “the best predic- tor of student success [in attaining a bachelor’s degree] is the academic intensity of course work taken in high school.” Adelman continues, “Advanced Placement course taking is more strongly correlated with bachelor’s degree completion than it is with college access.”16 This raises the question: Are attempts to equalize opportunities
for college access less effective in the long-term than programs like Advanced Placement?
What is Advanced Placement?
Advanced Placement (AP) is a national program sponsored by The College Board that offers students college-level courses and exams while still attending and receiving high school credit. The AP curriculum is de- termined by The College Board based on the curricu- lum of similar college classes. It is geared toward assisting the student in passing year-end AP exams. If a student scores sufficiently well on these exams – usually a three, four, or five out of a possible score of five – the college they attend will usually grant them specific credit for the given course, or general college credit applicable to- ward graduation. “There are 33 courses in 19 subjects, offered by 13,000 secondary schools around the world; in 2000, 1.2 million exams were taken by 750,000 stu- dents.”17 Subject matter covered includes everything from biology to studio art, from French to U.S. His- tory. The specific courses offered by particular high schools are determined by individual schools.
Many students enjoy the opportunity to interact
with other highly motivated classmates in these espe- cially challenging courses. The College Board states that “high school faculty find that AP courses enhance their students’ confidence and academic interest as well as their school’s reputation. College faculty report that AP stu- dents are far better prepared for serious academic work.”18
Selection for Advanced Placement
Selection criteria for student participation in AP programs varies across the nation, state, and even dis- tricts. Individual schools make the decision given their close proximity to students and a deeper understanding of each student’s abilities. The guidelines are developed over time, integrating teacher, administration, parent, and student input to stipulate expectations of student work in and out of the classroom.
Factors used to admit students commonly include grades, teacher recommendations, and parent/student requests. Some schools, though, allow nearly all students who apply to enroll, wishing to accommodate those stu- dents who seek the added challenge. Other schools are much more restrictive in selection, setting specific grade and course requirements to be met before admittance is granted.19
Advanced Placement for low-income students
Enrolling in AP courses costs very little for low- income students, but AP exams can be costly at seventy- seven dollars per exam. If a student scores well, this seventy-seven dollars can save thousands of dollars that would have to be paid to a given college for the same credits. To ensure that all students, including those from low-income families, have the ability to take such ex- ams, the state offers grant money from the federal gov- ernment to offset a portion of the cost. The school district and The College Board assist as well.
For the 2000-01 school year, the assistance offered was forty-three dollars through federal grant money managed by the Office of the Superintendent and twenty-two dollars through The College Board. Seven dollars in administrative fees are waived by the local school district, leaving just five dollars for the student to pay for each exam.20 Eligibility for such financial as- sistance is determined based on a family income sched- ule or other data including low-income housing qualification information.
How is an Advanced Placement program started?
Components necessary for developing a solid AP program include among other things, well-trained teach- ers, administrative support, academic counseling, and adequate funding. Well-trained teachers are the most important element. A week-long summer training event is offered every year in our state, as well as one-day pro- grams each fall and spring to update AP faculty on re- cent changes and information.
Administrative support is necessary to help deal with budget, student, and parental concerns. Counseling is included because academically gifted students need to be made aware of their educational and career options. Proper funding is needed for student and teacher texts and materials, as well as for the aforementioned teacher training to learn about curriculum changes and updates. Also advisable for any school interested in develop-
ing a successful AP program are methods in which co- ordination takes place between feeder schools and AP teachers to help prepare future incoming students. Internet access is nearly essential to keep up with current curriculum and new educational resource information.
Advantages offered by Advanced Placement enrollment
Some students and parents worry about taking an AP course, knowing they could receive a lower grade
than if they enrolled in a regular high school class. The trade-offs are usually worth the risk. According to The College Board, “an AP course gives you an opportunity to learn a subject in greater depth and helps you de- velop skills that will be critically important to success- ful study in college.”21 It can even help improve a student’s chances at being admitted into a competitive college, given that schools look favorably upon students who challenge themselves instead of sticking with the status quo.
Many students see the economic benefits offered by taking AP exams as a good investment. By taking AP courses and receiving proper preparation, students can pay a nominal fee now to
Manystudentsseethe economicbenefits offeredbytakingAP examsasagood investment.
receive college credit which would cost thousands more later. Many students understand that AP gives them a head start on the academic rigors of college and can actually help free up class schedule space.
Some students who are particularly driven and have the ability to take sev-
eral AP courses and their subsequent tests, can actually receive enough credits to attain sophomore standing once enrolled in a particular college. In the State of Washing- ton, institutions granting credit include among others, Gonzaga University, the University of Washington, Se- attle Pacific University, South Puget Sound Commu- nity College, and Western Washington University.22
Finally, exceptionally gifted and talented students who take several AP courses and the course exams, re- ceiving both high grades and high test scores, may qualify for AP Scholars Awards. These are not monetary awards, but are honors that hold high distinction and are ac- knowledged in any AP report sent to prospective col- leges.
International Baccalaureate
International Baccalaureate (IB) is a program simi- lar to AP, offering curriculum specific for primary and elementary years, as well as the high school years. Stu- dents not only complete state and national education requirements, they can receive an IB diploma which is usually recognized by universities and other higher learn- ing institutions across the world.
IB is administered by the International Baccalaure- ate Organization based out of Geneva, Switzerland. The program began in 1924 when several international schools wanted to try to “establish a common curricu- lum and university entry credential.” It is intended to place significant emphasis “on the ideal of international citizenship, to the end that IB students may become criti- cal and compassionate thinkers, lifelong learners and informed participants in local and world affairs.” IB wants students to be “conscious of the shared humanity that binds all people together while respecting the vari- ety of cultures and attitudes that makes for the richness of life.”23 Some educators and parents argue that this emphasis takes too much of the focus off basic educa- tion and is, therefore, not as effective as AP coursework.
Three International Baccalaureate programs
IB offers three academic programs beginning with the Primary Years Programme for students aged three to twelve. This program “focuses on the development of the whole child . . . [and] offers a framework that meets children’s several needs: academic, social, physical, emo- tional and cultural.”24 As previously stated, the IB pro- gram is controversial because of its emphasis on elements beyond academics.
The Middle Years Programme is designed for stu- dents from age eleven to age sixteen. Though it follows well with the Primary Programme, it is not a prerequi- site. Program curriculum includes studies in two lan-
RunningStartfunding canalsoprovide tuitioncostsfor vocationalprograms atlocalskillcenters.
guages, humanities, sciences, mathematics, arts, physical education, and technology. Students are also required to work on a personal project that “is intended to be the cul- mination of the student’s involvement.”25
Finally, the Diploma Programme is offered to
students ages sixteen to nineteen. It “is a demanding pre-university course of study that leads to examina- tions.” The grading system is criterion-referenced to stan- dards set by IBO. Full completion of this program leads to a special IB diploma. The program is intended to “emphasize critical thinking, intercultural understand- ing and exposure to a variety of points of view.”26
The Diploma Programme curriculum includes two languages; individuals and societies which includes history,
business, and philosophy; experimental sciences includ- ing biology, chemistry, and physics; mathematics; and arts and electives. Additionally, students are required to take a course called the Theory of Knowledge which is intended to help students learn to question where knowl- edge comes from. Service projects are also part of the program along with an essay requirement of 4,000 words.
International Baccalaureate for low-income students
Just as for participation in the AP program, low- income students who qualify for enrollment in IB yet cannot afford the examination fees can apply for finan- cial aid. Criteria for financial assistance is the same as with AP exam fees. The local school pays the test fee and then is reimbursed by OSPI through federal grant funding for 90 percent of the expenditure. The remain- ing amount is either to be paid by the student or the school program.
Advantages of International Baccalaureate coursework
The advantages of enrollment are similar to that of AP courses. Students can receive college credit simulta- neously with high school credit. “More than 1,000 uni- versities from 47 countries list their policies for entry and IB diploma recognition.”27
Running Start
Washington state, like many others, offers a pro- gram for students to enroll concurrently in college and high school courses. It is called Running Start and pro- vides highly capable and gifted students a means to be challenged and prepared for future studies if they have accelerated beyond courses provided by their high school. This program is offered to students in the eleventh and twelfth grades, but selection of eligible students is unique to each local school. Some high schools allow nearly any student to participate who is admitted to the par- ticipating college and who can pass the entrance exams. This program costs practically nothing for the stu- dent since these college courses replace their high school scheduled classes, usually one college class for every two high school courses. Students must provide their own
transportation and books.
Exceptional students have the potential to graduate from both high school and community college with their AA degree simultaneously, allowing them to transfer to a university as a junior. For some students this provides significant financial incentives, helping them to pay for
two years of college fees while aiding them in acquiring the knowledge needed to achieve success at the univer- sity level.
In addition to community colleges and universities, Running Start funding can also provide tuition costs for vocational programs at local skill centers. This al- lows meaningful options for students who are not pur- suing a college degree, but who desire to learn a marketable skill.
Colleges and universities participating in Running Start are required to report program enrollments to a student’s respective district, while the districts must re- port their overall Running Start enrollments to the State Superintendent (OSPI). Funds for this program come from basic education district allocations. OSPI distrib- utes the money to given school districts who, in turn, transfer the money to the participating higher learning institutions.
Funding for students enrolled in the Running Start program is less than for regular high school students. Because fees covered by the state only include tuition and not other administrative expenses, Running Start non-vocational students were funded at a rate of $3,573 in 1998-99 and at $4,252 for vocational students.28 Districts could only retain a maximum of seven percent of this money for their administrative costs, with the rest directed toward various institutions of enrollment. Some districts have determined that their actual costs exceed seven percent and have asked the legislature to revisit this issue.
Federal programs for the highly capable student
Congress passed the Jacob K. Javits Gifted and Tal- ented Students Education Act of 1994 which autho- rizes the U.S. Department of Education to offer grants to various states, local education agencies, higher edu- cation institutions, and other public and private agen- cies to fund programs for highly capable students. Grant awards range from $185,000 to $215,000 per year for three years. Programs should “incorporate high-level content and performance standards in one or more of the core subject areas; utilize innovative teaching strate- gies; provide comprehensive ongoing professional de- velopment opportunities for staff; incorporate training for parents in ways to support their children’s educa- tional progress; and include a comprehensive project evaluation”29
In addition to offering funding grants, this federal program is intended to offer informational and techni- cal leadership and assistance. The program also helps fund research on the gifted and talented at the Univer- sity of Connecticut at Storrs where the National Re- search Center on the Gifted and Talented is located.
As previously mentioned both the U.S. House and Senate are considering further programs for the gifted and talented because there is no current federally-man- dated requirement to serve the gifted and talented.30 The pending bills would allocate $160,000,000 to per- petuate grant funding for fiscal years 2002 through 2006 offered under the Javits program.
School district programs in Washington state
Program development and authority for the highly capable student in our state rests locally at the district and school level. In Seattle’s public schools, about 1,000 highly capable students are served through the Acceler- ated Progress Program which teaches at a level that is generally two years above normal grade level. The dis- trict has decided to serve those who typically score within the top one percent on standardized tests when com- pared with other students across the nation. Students are admitted through a nomination process during kin- dergarten through seventh grade for the following year. There is no admission at the high school level. In con- trast, the Port Townsend School District included the top three percent of its student population as eligible for its Reach enrichment programs. The definition clearly depends on the school district investigated.
Unfortunately, the lack of objective data on student performance makes it very difficult to determine the effectiveness of specific programs geared toward high achievers. We have highlighted two in-state programs, nonetheless, where test scores indicate high achieving students are well identified and challenged to reach their potential.
Olympia School District
The Olympia School District is well known for its extensive gifted programs. From elementary through high school level, the district provides programs to meet the diverse needs of various age groups, helping them to prepare for more rigorous coursework in future years.
Elementary school programs
At the elementary school level, Olympia School District instituted the Program for Academically Tal- ented Students (PATS) to challenge children who have advanced skills in math, reading, and language arts. Stu- dents in grades two through five are selected based upon evidence of high cognitive ability, high academic achieve- ment, and displayed learning characteristics often asso- ciated with high levels of creativity and problem solving skills. Program enrollment is based upon a nomination process in which parents can even be involved.
Middle school programs
At the middle school level, programs differ between schools to allow for greater effectiveness and individu- ality. At Jefferson Middle School, the REACH program is offered to students identified by the REACH instruc- tor and school counselors, utilizing test scores and teacher recommendations. “Program goals reflect the use of criti- cal thinking skills, problem solving skills, creative think- ing skills, and research skills” in these classes specifically designed for the academically talented.31
At Washington Middle School, those students who score in the 80th local percentile or above on the district’s own test qualify to participate in an enrichment pro- gram. Those who have previously participated in the program or students receiving certain recommendations are also eligible. Washington Middle School, much like Olympia High School, also allows students to “self-select,” meaning that students can recommend themselves for the program by choosing to take on these challenging classes. Enrichment includes two options, Student Interest Projects and Enrichment Clusters. Students choose to investigate some topic of interest in depth for one se- mester or for the entire year under Option 1. “Cluster Options meet from 2 days to 4 weeks, depending upon the grade level and project. Many involve in-depth study and preparation of a product (performance based) after the cluster unit has finished meeting.”32 Some project examples from the past year include, an architecture unit for grade six, creating a classroom newsletter for grade seven,
and a historical fiction writing seminar for grade eight.
High school programs
Capital High School offers students the opportu- nity to enroll in advanced classes through the Interna- tional Baccalaureate program which could earn students a full IB diploma. During the 1999-00 school year, 26 of 30 candidates earned their diplomas.33 Highly capable Capital students can also enroll in Running Start and
Contract Learning which allows students to develop independent study programs.
At Olympia High School, approximately 1,660 stu- dents are enrolled, while the number taking either hon- ors or Advanced Placement courses is nearly one quarter of that total. During the 2000-01 school year, 451 stu- dents were enrolled in either one or more honors or Advanced Placement courses. Students took 206 tests with an eleventh grade test average of approximately 87 percent while the twelfth grade average was approxi- mately 76 percent, superior scores for AP examinations. The AP U.S. History test score average was exception- ally high, a staggering 94 percent.34
Selection criteria for honors and AP classes at Olym- pia High, is based upon teacher recommendation, though students can “self-select” enrollment upon ap- proval of the AP Coordinator, if they decide they want the extra challenge offered through AP classes. AP courses offered include eleventh and twelfth grade English, Cal- culus B & C, U.S. History A & B, Psychology, Macro- economics, Biology A & B, and Chemistry A & B. In addition, students can choose from several other hon- ors and more advanced courses which will better pre- pare them for the subsequent AP exams including Honors physics, ninth and tenth grade Honors English, Honors Algebra 2A & 2B, Pre-Calculus, Calculus, and Honors World History.
Running Start is offered at Olympia High School through South Puget Sound Community College. Stu- dents may also develop independent study programs to further challenge themselves.
Ephrata School District
The Ephrata School District serves approximately 2,200 of the state’s children. Though this district is rela- tively small, programs for the highly capable are still offered based on local needs. At Ephrata High School, students may enroll in accelerated courses. Accelerated English 11 requires passage of a departmental test. Its equivalent twelfth grade class includes placement test passage and administrative approval as a prerequisite for enrollment. Accelerated English 12 offers five college credits for this year-long course, so it can serve as a “par- tial fulfillment of most colleges’ English composition requirements.”35 Five college credits can also be earned through English 101 and 102 courses open to students based on teachers’ recommendations, test scores, and a sample essay. Pre-Calculus, Calculus, Physics, and Ac- celerated Biology are offered to students as well.
Students may dual enroll at both Ephrata High School and Big Bend Community College in Running Start classes. Certain courses serve to replace specific Ephrata High School graduation requirements as the credits earned count toward both college and high school completion. For example, students can take Anthropol- ogy, Economics, Political Science, Psychology, or Soci- ology at BBCC to replace the credits necessary to fulfill their Civics and World Politics requirement. With the proper planning, a student may earn an associate’s de- gree and high school diploma concurrently.
Highly capable programs in other states
Most states operate programs in a similar fashion to Washington state, including Running Start and Ad- vanced Placement, though some are innovative and dis- tinct. We have highlighted two states where flexible programs have been developed for specialized local needs. But once again, a disclaimer must be issued since objec- tive program evaluations are hard to come by. This sec- tion should be viewed as providing information, not endorsement.
California
In the State of California, “the Gifted and Talented Education (GATE) program provides challenging cur- riculum and instruction to gifted and talented students capable of achieving significantly beyond the level of their peers.”36 The money allocated to the GATE pro- gram is designed to fund a differentiated program for the highly capable student who has special needs. Origi- nally founded in 1961 for those in the ninety-eighth percentile or above, enrollment criteria is now set by each district based on such categories as intellectual, cre- ative, or leadership abilities.
Currently, 801 districts participate in the GATE program, serving about 360,000 gifted students for the 2000-01 school year. Funding is approved by the State Board of Education for up to three years. During the 2000-01 school year, about $51.9 million were allocated statewide, divided among these 801 districts.37 Fund- ing is allocated per student unit and determined when the state budget allocation is divided by the statewide total number of units.
The GATE program is designed to help high schools begin AP, IB, and honors programs and to fund counseling for low-income students with high
potential to ensure they have access to proper college- prep courses.
In districts where only a few students are ready for accelerated learning, usually rural areas, GATE funding helps pay for distance learning programs “such as Stanford University’s EPGY-Education Program for Gifted Youth, which offers college level courses on CD- Rom to middle and high-school age youth.”38 Other services include both programs integrated into the regular classroom and pull-out classes, using the model that works best for the local districts and students. The GATE program also offers extended day classes and Saturday learning seminars.
Texas
The State of Texas began the Advanced High School Program in 1999-2000 for students who wanted to par- ticipate in an accelerated
Withtheproper planning,astudent mayearnan associate’sdegree andhighschool diplomaconcurrently.
academic program and de- sired recognition of their work to appear on their records. This program mandates completion of strict subject requirements beyond normal graduation demands including three science requirements in- stead of two, three and a half social studies credits rather
than two and a half, three years of foreign language instead of no language requirement; and a required fine arts credit. Local districts have the authority to design these special classes.
Texas provides an Advanced Placement Incentive Program, offering financial rewards to schools with stu- dents achieving a score of three or greater on AP exams. Financial rewards are also offered to educators who are preparing to teach AP courses for the first time, helping to offset some of the costs associated with the program’s establishment. For students, there is the possibility of reimbursement for a portion of the testing fee if a three or higher is received on the AP exam.
Correspondence course credit is offered through the University of Texas, Austin, Texas Tech University, and other public institutions with the approval of the Edu- cation Commissioner. Additionally, Texas offers credits for all grades by examination for six days each year. Dates of such test offerings must be publicized to the commu- nity and no charge can be levied for these tests. Grades
require a 90 percent or higher score on criterion- referenced tests for the particular grade the child wishes to skip in language arts, math, science, and social stud- ies. District representatives’ recommendation and pa- rental approval are also considered. For grades 6-12, a 90 percent or higher score must be earned on examina- tions in each applicable course in order to skip a par- ticular course.
Other related topics
In recent years, educators have identified a specific group of highly capable students, those with learning disabilities. “Many people have difficulty comprehend- ing that a child can be gifted and also have learning disabilities. As a result, children with special needs that result from both their high abilities and their learning prob- lems are rarely identified and are often poorly served.”39
According to Linda Brody and Carol Mills, three groups of such students have been identified. The first group is recognized as gifted, but has trouble in school usually attributed to lack of motivation or laziness. The second group “includes students whose learning disabili- ties are severe enough that they have been identified as having learning disabilities but whose exceptional abili- ties have never been recognized or addressed.”40 Finally, the last group includes students whose exceptional abili- ties and learning problems mask each other, so the stu- dent is not identified as part of either group and is considered average.
This unique group of students pose significant chal- lenges to current educational programs given the com- plexities associated with adequate teaching methods for these students.
Conclusion
Contrary to widespread belief, gifted individuals are rarely in positions or environments where they can sim- ply ‘make it on their own. These students frequently underachieve or strive for goals well below their poten- tial. When this occurs, the state is no longer fulfilling its legal obligations to these students. Therefore, the development of highly capable programs by local offi- cials is essential and must continue to ensure that these children receive a challenging basic education.
Recommendations
Retain local control while maintaining a commit- ment to utilizing best practices. Fundamental to
the success of programs for the highly capable is maintaining local control, allowing those closest to each individual student to make important structural and academic decisions. District administrators and individual school teachers know the needs of their students and can develop far better programs to meet those needs than a state central planner.
Promote internet and distance learning. The
internet offers nearly limitless educational oppor- tunities to gifted students to enroll in courses at other public schools across the state and across the nation. For high school students, especially those in smaller, rural districts, distance learning could be the key to adequately challenge highly capable students.
Promote Advanced Placement and Running Start.
Thousands of students have benefitted from AP and Running Start courses. Continuation of these programs is essential to the proper education of highly capable high school students. Elementary and middle schools need to work with high schools to develop Pre-AP curriculum to encour- age and identify qualifying students. OSPI can assist by distributing adequate information regarding program possibilities, funding changes and alternatives, and current research regarding highly capable students.
Reevaluate the Washington Imagination Network
and Centrum Funding. The state needs to reevaluate current spending for the Washington Imagination Network (WIN) and Centrum funding. WIN and Centrum funding consumed more than half a million dollars from district programs for the highly capable during 2000-01. These additional funds had to be acquired through other sources (generally local levies). In the competition for scarce resources, funding for established, successful, and challenging programs like AP and Running Start should be a priority.
Reevaluate program spending. Lawmakers and the courts have decided that the state must provide for the education of all children in Washington. Highly capable students are entitled to this opportunity as much as special education or learning assistance students, but funding parity does not exist.
Endnotes
Washington State Budget for the 2001-03 Biennium, Ch. 7, 2001 Wash. Laws 2nd Special Session, § 512, § 507.
2. RCW 28A.185.030.
Beverly N. Parke, “Challenging Gifted Students in the Regular Classroom,” KidSource Online, <http:// www.kidsource.com/kidsource/content/ challenging_gifted_kids.html>.
Linda Kreger Council for Exceptional Children, “How Parents Can Support Gifted Children,” Puyallup School District, <http://www.puyallup.k12.wa.us/programs/ quest/parent.html>.
5. H.B. 490, 107th Cong. (2001); S.B. 421, 107th Cong.
(2001).
6. Parke, “Challenging Gifted Students,” <http:// www.kidsource.com/kidsource/content/ challenging_gifted_kids.html>.
7. RCW 28A.185.020.
8. RCW 28A.185.030.
9. RCW 28A.185.010.
10. RCW 28A.300.118.
Sharon J. Lynch, “Should Gifted Students Be Grade- Advanced?” (June 1994), ERIC, ED370295.
Washington State Budget for the 2001-03 Biennium, Ch. 7, 2001 Wash. Laws 2nd Special Session, § 512 (2).
Centrum Arts and Creative Education: During the
2000-01 school year, Centrum program offerings focused on art, poetry, drama, graphic design, dance, or music for high school students. Centrum is intended to promote creativity and team-building skills while learning from experienced artists, actors, and writers.
Washington Imagination Network: The Washington Imagination Network is intended to be a team- building, problem-solving program to aid students in creative thinking. The program is designed to challenge students to create solutions to made-up problems under specific time constraints. Odyssey of the Mind still exists on the local level, but differs from the Washington Imagination Network in that it is no longer state funded. Odyssey challenges are usually competitions involving long-term projects in several different areas. Odyssey does require membership fee payment to participate formally in this national organization.
Washington State Budget for the 2001-03 Biennium, Ch. 7,
2001 Wash. Laws 2nd Special Session, §. 512 (3), (4).
Clifford Adelman, “Answers in the Tool Box: Academic Intensity, Attendance Patterns, and Bachelor’s Degree Attainment,” OSPI , <http://www.k12.wa.us/AP/ bestpredictors.asp>.
“Advanced Placement Program,” The College Board,
Ibid.
“Guidelines for AP Student Selection,” The College Board, <http://www.collegeboard.org/ap/ selection.html.>
“Advanced Placement Fee Reimbursement for Low Income Students,” OSPI, <http://www.k12.wa.us/AP/ AP2001FeeReduction.asp>.
“AP Student FAQs: Before Signing Up for an AP Course,” The College Board, <http:// www.collegeboard.org/ap/students/faq/faq001.html>.
“Advanced Placement Program: AP Sophmore Stand- ing List,” The College Board, <http:// www.collegeboard.org/ap/students/benefits/ soph_standing.html>.
“About the IBO,” IBO, <http://www.ibo.org/ibo2/en/ about/about.cfm>.
“The PYP Curriculum,” IBO, <http://www.ibo.org/ ibo2/en/programmes/prg_pyp_cv.cfm>.
“The MYP Curriculum,” IBO, <http://www.ibo.org/ ibo2/en/programmes/prg_myp_cv.cfm>.
“The Diploma Programme Curriculum,” IBO, <http:// www.ibo.org/ibo2/en/programmes/prg_dip.dfm>.
“The IBO provides a wide range of services to its partners,” IBO, <http://www.ibo.org/ibo2/en/services/ services.cfm>.
OSPI Data, “K-12 Running Start Program Statistics.”
“Jakob J. Javits Gifted and Talented Students Educa- tion Program,” US Department of Education, <http:// www.ed.gov/prog_info/Javits/brochure.html>.
30. H.B. 490, 107th Cong. (2001); S.B. 421, 107th Cong.
(2001).
“Curriculum”, Olympia School District, <http:// kids.osd.wednet.edu/jms/curriculum.htm>.
“Enrichment Clusters,” Olympia School District, <http:/
/kids.osd.wednet.edu/wms/classinfo/enrich/ enrichment_clusters.htm>.
“Capital High School,” Olympia School District, <http:/
/kids.osd.wednet.edu/capital.htm>.
Statistical information obtained from Olympia High School AP Coordinator, Donna Ensberg.
“English Department,” Ephrata School District, <http://
“Gifted and Talented Education Fact Sheet,” California Department of Education, <http://www.cde.ca.gov/ cilbranch/gate/facts.html>.
Ibid.
Ibid.
Linda E. Brody and Carol J. Mills, “Gifted Children with Learning Disabilities: A Review of the Issues.” Journal of Learning Disabilities 30, No. 3 (1997): pp. 282-262
Ibid.
EVERGREEN FREEDOM FOUNDATION • SCHOOL DIRECTORS’ HANDBOOK • HC-11
Remember the sage observation: Good intentions do not necessarily guarantee good results. Seldom is this counsel more vital—and more difficult to apply—than when educating students struggling to learn. Vigorous evalu- ation of learning assistance programs is essential, since programs negligently or mistakenly perpetuated for even a few years can have a devastating impact on vulnerable students’ lives.
Our state’s Learning Assistance Program (LAP) has a worthy goal, that of providing temporary assistance to students who are struggling in school. Achieving this goal, however, requires more than the good intentions of legislators, judges, administrators and teachers. In addition to combining local flexibility with an understanding and utilizing of best practices, reaching this goal requires proper incentives and accountability for results.
Until the mid-1970s, our public education system frequently ignored or institutionalized children with dis- abilities. To help end this public disgrace, Congress in- tervened with numerous federal laws and, in the process, gave parents of such children extraordinary rights. The intentions were good, but what about the results? Spe- cial education and various learning assistance programs have become a bureaucratically bound, legally entangled growth industry frustrating parents, teachers, adminis- trators and students.
Once a child has been designated learning disabled, districts must decide what the student needs in the way of services: medical or psychological specialists, uniquely qualified instructors, specialized learning environments, private aides, etc. A specially crafted plan, updated bi- ennially, must be established for each child in concert with a team of individuals, sometimes including a legal advocate for the child. Districts that do not pay for “appropriate” student assistance often find themselves facing a judge. Sadly, some parents have learned to “work the system” to obtain extremely expensive special ser- vices for their children, even when those services are unwarranted, or could be paid for privately.
While detailed and costly planning of this nature may be appropriate for students with serious problems, many students currently receiving learning assistance need far less complex and costly services. Getting extra help in a regular classroom is sometimes the best solu- tion, but extra funding is generally unavailable for this. The incentive, therefore, is to create specialized rem- edies for students so they and their schools will be eli- gible for federal and state funds.
History and purpose of the Learning Assistance Program
In 1979, as one part of the response to the first Doran court decision requiring the legislature to fund
basic education,1 lawmakers developed a program for students with special needs. Focusing on both actual learning problems and low academic performance, the legislature created the Remediation Assistance Program with the intention of helping low-performing children get the extra help they needed to attain basic skills. Origi- nally, the Remediation Assistance Program provided funds for grades two through six. It was expanded dur- ing the 1980’s to include kindergarten through ninth grade, adding grades ten and eleven in 1999. The name was officially changed to the Learning Assistance Pro- gram (LAP) in 1987.
Since a “special needs” student has never been for- mally defined, no objective measurent exists to deter- mine whether the program has accomplished its goals.
Federal funding
Title I
Many aspects of the Learning Assistance Program are influenced by the parallel federal program, Title I. Funding for the Title I program is primarily based on the number of children from low-income families in each district.3 Districts allocate funds to individual schools using the same criterion. Title I provides federal dollars to school districts for projects of a similar nature to those funded by LAP, as well as other activities such as school improvement funds and services to neglected or delinquent children.4
A school that has a fifty percent or higher poverty level can implement a Title I schoolwide program. Schoolwide programs permit schools to classify every child as a Title I student and expend money according to a plan to improve school performance as a whole, with hopes that the lower-performing students will be helped. In Washington state, 112,624 students are served in schoolwide programs.5
Program methods
Stated purposes of LAP
LAP has three stated purposes:
increasing the educational performance of students with “special needs” who are “deficient in basic skills achievement within the regular classroom”;
helping basic education teachers deal with learning problems in their own classroom; and
encouraging development of new methods to assist special needs students.2
Washington’s Learning Assistance Pro- gram has various forms, reflecting the differ- ent needs of the students and the local nature of much of the decision-making. The district is responsible to develop a plan after consul- tation with parents, teachers, principals, ad- ministrators, and school directors. The district must update the plan biennially.6
Each of these plans is required to in- clude the method used in determining student
eligibility for the program, specific services to be provided and an estimate of their costs, plans for the annual evaluation, and record keeping. The local school board must approve the plan. Often the plan incorporates specific programs developed by each eligible school. These schools then receive funding from their respective districts. The dis- trict plans are submitted to the Office of the Su- perintendent of Public Instruction (OSPI) for formal approval. OSPI is required to evaluate these plans at least once every three years.
Staffing
LAP is staffed by certified teachers, paraeducators or classified teachers, administra- tors, and other employees such as counselors and secretaries. In the 1999-00 school year, about 58 percent of all LAP employees—nearly 5,000 state- wide—were paraeducators or classified teachers.7
Number of Percent of Students Served Total | ||
Reading | 93,845 | 41.9 |
Mathematics | 73,137 | 32.7 |
Language Arts/Writing | 45,235 | 20.2 |
Study Skills | 7,465 | 3.3 |
Science | 2,062 | 0.9 |
Social Studies | 2,118 | 0.9 |
Total | 223,862 | 100 |
*Students are often served in more than one subject area, so the numbers reflected by subject area may be a duplicated count. |
Table LA-1: Number of students served by subject matter. Source:
Washington State Learning Assistance Program, OSPI Report, June 2001
LAP Facilitators are supposed to help teachers in the implementation of student education plans, with assess- ment, and with further training.
Of the money spent on LAP, nearly 92 percent pays for staff salaries and benefits.8
Program models
LAP teachers or educational assistants may work with students on an individual basis or as a group either in a normal classroom setting or in a specialized class. The “in-class” model is the most common and typically employs aides for targeted students working in a regular classroom.9 Another plan, known as the “pull-out” model, takes the child out of the regular class setting to receive one-on-one assistance or instruction in a small group. When the specialized assistance replaces a full period of class work, it is known as the “replacement” model. Many students use a combination of the “in- class” and the “pull-out” model, with emphasis placed on keeping the child in the regular classroom setting as frequently as possible.
Additional Program Services
In addition to teaching, counseling services may be available to students. Spokane Public Schools, for ex- ample, offers counselor assistance to improve student academic performance “by enhancing their self-esteem and social skills within the classroom setting.”10 Critics of this program question whether improving self-esteem with the goal of improved academic performance will be more effective than improving academic performance
with the benefit of enhanced self-esteem. The lack of objective program evaluation prevents educators and administrators from knowing whether this program ac- tually results in higher student achievement.
LAP also funds instruction time outside normal class hours, including tutoring times before and after school and special summer activities. Summer programs are intended to grant greater flexibility and enhance and strengthen skills studied throughout the regular school year. The school may also attempt to get parental in- volvement and reinforcement for the program, but this will not help those students who are struggling academi- cally because they already lack parental involvement.
Students served
Because the legislature has not clearly defined which students are to be served by LAP, those actually served are not necessarily the students who scored in the bot- tom quartile (the number used to generate funding). Research by the Legislative Budget Committee indicated that many districts also used the funds for students in the second-lowest quartile (25th-50th percentile.)11 The decision about which students will be assisted by the program is made by local assessments—usually testing and teacher recommendations.
The demographics of students served tend to fol- low patterns. Minorities are enrolled in LAP in greater percentages than their share of the overall student population.12 Approximately 15 percent of students identified as scoring below grade level were identified
80
70
60
50
40
30
20
10
0
Statewide
LAP
AK Native/ Asian or Amer. Indian Pac.
Islander
Black
Hispanic
White
Chart LA-1: Percent of students race/ethnicity. Source: Washington State Learning Assistance Program, OSPI Report, June 2001
60
50
40
30
20
10
0
Male
Female
Chart LA-2: Percent of students served by gender. Source:
Washington State Learning Assistance Program, OSPI Report,
June 2001
as having limited English proficiency.13 Males are con- sistently served more than females: 53.1 percent ver- sus 46.9 percent for females.14
Success measurements
In the past, LAP results were measured by pre- and post- standardized norm-referenced tests. However, this testing requirement as mandated by Title I, was dropped after the1994-95 school year. Statistics up to that year (94-95) indicated that low-performing students were improving when measured against the normal curve equivalents (NCE), or average student learning over a year’s time.15 Little information was available, however, on whether this improvement was attributable to LAP programs, to independent causes or both.
Currently, every district is required in its initial bi- ennial program plan to include a strategy for annual evaluation based on two components: “program objec- tives related to basic skills achievement” and develop- ment of a reporting method for the Office of the Superintendent of Public Instruction (OSPI).16 The OSPI is required to monitor school districts to ensure compliance with their own plans. Since each district de- velops individual plans, comparison between districts is difficult, if not impossible.
Exit statistics of students leaving LAP have never been gathered consistently. The Legislative Budget Com- mittee found that approximately 18 percent of students left LAP in the1992-93 school year, but only about a third of that number left because they no longer needed services. Length of time in the program was found to vary significantly based on local district philosophy. More commonly, students leave the program at one dis- trict because they have moved.17
Evaluation of the Learning Assistance Program tends to focus on the process: how many students are served, how much time is spent, etc., rather than on the stated goal, that of improving student performance. To date, no long-term studies have been completed to find the overall effectiveness of LAP. To investigate the issue fur- ther, the 2001 Legislature allocated funds to have the Washington Institute for Public Policy, a taxpayer- funded research group from the Evergreen State Col- lege, evaluate and study the LAP funding formula and to issue a report by June 30, 2002.
LAP funding
Test score factor
As previously stated, students who score in the low- est 25 percent on the state’s standardized tests are eli- gible for LAP programs. The funding formula is currently based on norm-referenced tests such as the Iowa Test of Basic Skills. The WASL (Washington Assessment of Student Learning) scores may be used by districts to assign need, but its scores do not affect funding.
The funding formula multiplies the district’s past av- erage test results in the lowest quartile by the full-time en- rollment to arrive at a number of eligible students. The number is then multiplied by 92%, and then by the legislature’s funding per student formula to arrive at the district’s total LAP allocation.18 For the 2001-02 School Year, $408.38 has been allocated per LAP unit.19
Because this is a funding formula, not an expendi- ture formula, the money thus obtained by the district can be spent on any student.21
Socioeconomic factor
In 1995 the legislature allocated additional LAP funding based on socioeconomic status. If the district’s prior year October headcount of students eligible for reduced cost or free lunches is above the state average, the district qualifies for greater funding. This is deter- mined by calculating the amount by which the district’s poverty percentage exceeds the
Total Direct Program Number of Students LAP Ex | |||
Expenditures | Served by LAP | per Pu | |
94-95 | $53,125,146 | 61,715 | |
95-96 | $54,572,349 | 71,770 | |
96-97 | $58,429,725 | 77,697 | |
97-98 | $61,195,779 | 96,146 | |
98-99 | $62,276,834 | 100,471 | |
99-00 | $72,573,208 | 119,957 |
state average and then multiply- ing it by the annual average en- rollment. This number is then multiplied by 22.3 percent, and then by the per student figure to arrive at the additional resources allocated for poverty.22 An ex- ample:
District average free and reduced price lunch percentage = 46%
Sample calculation for LAP funding
District’s FTE projected enrollment for K-6th grades = 806 students
District’s 5-year average for 3rd grade low-quartile percentage = 20.26%
Multiply (806 students x 20.26% = 163.30 students)
District’s FTE projected enrollment for 7th -9th grades = 411 students
District’s 5-year average for 6th grade low-quartile percentage = 19.56%
Multiply (411 students x 19.56% = 80.39 students)
District’s FTE projected enrollment for 10th and 11th grades = 250 students
District’s 5-year average 9th grade low-quartile percentage = 20.00%
Multiply (250 students x 20.00% = 50.00 students)
Add totals from numbers 2, 4 and 6, above:
(163.30 students + 80.39 students + 50.00 students =
293.69 students)
Multiply total from number 7 by 92% (293.69 students x .92 = 270.19 students)
Multiply total from number 8 by $408.38/pupil (270.19 students x $408.38 = $110,340)20
Subtract statewide free and reduced price lunch average (31%) from the district average (46%) =15%.
Multiply 15% x 1567 (estimated 2001-2002 K-12 FTE enrollment)
= 235.05 students
Multiply 235.05 students x 22.30%
= 52.42 students x $408.38 =
$21,407. 23
The legislative inclusion of the pov- erty factor reflects the controversial be- lief that the correlation between student performance and poverty can be best ad- dressed by focusing on poverty. Indeed, many are now advocating that the legis- lature tie LAP funding primarily or solely to poverty.
Program and funding growth
LAP usage and funding has increased dramatically since its inception. Over the past 22 years, LAP allocated funds have grown from $12 million in the 1979-81
biennium, to $108 million in 1993-95, to a projected allotment of $139.4 million for the 2001-03 biennium.24 This mirrors nationwide spending trends.) LAP expen- ditures rose especially dramatically for the 1999-00 school year, to $72.6 million, an increase of nearly 17 percent from the previous school year and about 37 per- cent since 1994-95.25
The number of students served by the program has increased even more rapidly. In the past eight years alone the number of students served has increased
Table LA-2: LAP Expenditure Trends. Source: Washington State Learning Assistance Program, OSPI Report, June 2001. These numbers do not reflect the socioeconomic allocation.
140
120
100
80
60
Total students served
40
20
Students served in
schoolw ide programs
0
92-93 93-94 94-95 95-96 96-97 97-98 98-99 99-00
Chart LA-3: Students served by LAP. Source: Washington State Learning Assistance Program, OSPI Report, June 2001
from approximately 64,000 in the 1992-93 school year to about 120,000 students during the 1999-00 school year.25
But the growth in students served is attributable to increases in the grades covered (Grades 10 and 11 were added in 1999), and to changes in counting student eli- gibility. Since the1995-96 school year, the Office of the Superintendent of Public Instruction (OSPI) has allowed three different counting procedures that can be used by schools with a Title I schoolwide program. These dis- tricts can now:
“Divide LAP dollars in the building by a per pupil amount and count the number of students that would be served.
Consider using one grade level within the building to represent the LAP students if the teacher is funded by LAP.
Select a group of students identified as needing LAP services.”27
These measurement systems resulted in an appar- ent increase in the count of students served, especially in schoolwide programs. The uncertainty stems from the funding formula where the number of eligible stu- dents may not translate into actual students served. As can be seen from Chart LA-3, all of the growth in the number of students served has been in the schoolwide programs (defined on page 2), which does not necessar- ily reflect students actually receiving assistance.
Students served vs. students funded
As previously mentioned, no direct link exists be- tween the formula used to calculate a school’s allocation under LAP and the students actually served by the pro- gram. A 1995 study released by the State of Washington
Legislative Budget Committee reported that “the num- bers served in LAP [we]re much lower than the num- bers of units generated by the funding formula. In
the 19 districts that were studied, the funding formula generated 28,853 units, while we found an average LAP enrollment in the districts of 12,145” (less than 50 per- cent of the number funded).28 Local schools tended to serve fewer students and have a much higher allocation per student than expected by the legislature.
Funding schedule
Currently, LAP funding is based on a district’s monthly enrollment. Enrollments can fluctuate enough to change LAP funding each month. The Office of the Superintendent describes this problem as requiring dis- tricts “to aim at a moving target as they structure the program, make purchasing decisions, and hire staff for the coming year.”29
This has prompted several districts to ask that they be permitted to use the previous year’s average enroll- ment to determine their funding allocation, even though this might cause a slight drop in dollar resources. For them, the stability created would be worth the tradeoff. Some stability in the funding formula was created start- ing in the 1994-95 school year, when districts were per- mitted to carry over up to ten percent of unspent LAP funds to the following year as long as the money was still used for LAP purposes.30 This does help alleviate the need to spend frantically at the end of a budget cycle.
Conclusion
It is one thing to determine that low-performing students need additional help to acquire basic academic knowledge. It is quite another thing to make sure funds appropriated for that purpose actually benefit the stu- dents who need the help.
Centralized programs like LAP provide an oppor- tunity for what economists call bureaucracy theory. Bu- reaucracy theory postulates that once a program/service becomes centrally administered and individual incen- tives are removed, the program will continue to grow and create its own bureaucracy. Original intentions are lost, incentives shift, and the new goal (sometimes un- wittingly) becomes perpetuation of the bureaucracy.
After more than twenty years of operation, policymakers and educators need to ask, “Is LAP fulfill- ing its mission to ‘increase the achievement of students with special needs in a shorter period of time’?”31 Some
of our recommended changes required action by law- makers. Others may be implemented by school dis- tricts with little or no legislative assistance.
Recommendations
The legislature needs to conduct a thorough study of LAP, which should include the following actions:
Clearly define the goals and scope of LAP. Answer the question: What is a “special needs” student? What are his or her rights under the law?
Objectively determine the components of a successful LAP program.
Require consistent pre- and post-testing across districts to evaluate whether students are improving.
Streamline the process and provide legal protection for educators and school districts allowing them more time to assist students rather than filling out reams of paper to ensure renewed funding and to stay out of court.
Consider a new funding model: Census-based
financing. As of this writing, two states, Califor- nia and Pennsylvania, as well as the federal government’s special education allotments are based on census-based financing. Schools are not reimbursed for special education costs. Assuming that special needs students occur with regular frequency, districts are reimbursed based on enrollment. The federal government’s allocation is also poverty-adjusted.
As it currently stands in our state, only a theoreti- cal connection exists between the way funding is calculated and the way funding is spent. Further, the current formula provides a perverse incentive for districts and schools to look for new ways to funnel students to learning assistance or special education programs.
Some have suggested removing this incentive and some of the funding uncertainties by basing the program entirely on a poverty calculation.
However, this separates the funding calculation from the program goals. If the goal of the LAP program is simply to send more money to some school districts, then its purpose should be open and the application process should be simplified
so that time is not wasted on meaningless paper- work. But if the goal of the LAP program is to improve student performance, funding based on poverty levels will provide no motivation to do so.
Coordinate aspects of similar programs. LAP and
the federal Title I program fund similar services. Some students served by LAP also receive services in other areas from special education funding or through bilingual education. The legislature and school districts should investigate the extent to which parallels in the programs increase adminis- trative costs or duplicate efforts. A clearer defini- tion of which students are to be served by LAP may help target resources to where they are needed.
Contract out for program services. Parents who
have the financial resources to do so often con- tract with private tutors to help their children when they struggle in school. Public schools should consider contracting out more tutoring services to help low-performing students.
Some cities and states have begun this process for special education students already. Florida began granting vouchers with extra funding for students with disabilities in 2000-01.
Invest in teacher training, especially for teachers
of students in K-3. Early intervention is critical, and many students may need less intensive and less costly remediation if problems are detected and addressed in the early primary grades.
Endnotes 24. Legislative Budget Committee, Report 95-2, ii. Superintendent of Public Instruction, LAP Report
Seattle School Dist. v. State, 90 Wn. 2d 476 (1978)
Washington State Superintendent of Public Instruction, Washington State Learning Assistance Program Annual Report 1999-2000. (Olympia: OSPI, 2001), 3.
U.S. Department of Education, “Title I Grants to Local Education Agencies,” 22 November 2000 <http:// www.ed.gov/offices/OUS/title1desc.html> (24 August 2001).
Superintendent of Public Instruction, “Title I/LAP,” 4 April 2001, <http://www.k12.wa.us/title1/lap/ lapcompare.asp> (24 August 2001).
Superintendent of Public Instruction, “WebApps 2000 Database Information,” 4 April 2001 <http:// www.k12.wa.us/title1/facts/facts.asp> (29 August 2001).
6. RCW 28A.165.040.
7. Superintendent of Public Instruction, LAP Report
1999-2000, 13.
8. Ibid., 15.
Washington State Legislative Budget Committee, K-12 Learning Assistance Program Fiscal Study: Report 95-2. (Olympia: Legislative Budget Committee, 19 January 1995), 8.
Spokane Public Schools, “Program Components”
<http://www.sd81.k12.wa.us/LAP/components.stm> (24 August 2001).
Legislative Budget Committee, Report 95-2, 15.
Superintendent of Public Instruction, LAP Report 1999-2000, 9.
13. Ibid., 11.
14. Ibid., 10.
15. Legislative Budget Committee, Report 95-2, 10. 16. RCW 28A.165.040(3).
Ibid., 9
Superintendent of Public Instruction, LAP Report 1999-2000, 27.
19. Ibid., 27.
Adapted from Superintendent of Public Instruction, “Learning Assistance Program,” <http:// www.k12.wa.us/title1/lap/lap.asp> (29 August 2001).
Superintendent of Public Instruction, “Learning Assistance Program” 8 March 2000 <http:// www.k12.wa.us/accountability/ Information%20Prior%20Meetings/030600/k12funda/ sld023.htm> (24 August 2001)
Superintendent of Public Instruction, LAP Report
1999-2000, 27.
Adapted from Superintendent of Public Instruction, “Learning Assistance Program,” <http:// www.k12.wa.us/title1/lap/lap.asp> (29 August 2001).
1999-2000, 27.
Superintendent of Public Instruction, LAP Report 1999-2000, 14.
Ibid., 4.
Ibid., 4.
Legislative Budget Committee, Report 95-2, 20.
Superintendent of Public Instruction, LAP Report 1999-2000, 17.
30. WAC 392-122-900(4).
31. RCW 28A.165.010.
Definition and description of distance learning
For most of human history, education has meant one of two things: a teacher instructing a student face to face or a person acquiring knowledge on his or her own. Beginning in the 1830s with the development of regular mail service, a hybrid of the two appeared in correspondence courses, offering prepackaged study plans and, sometimes, a measure of accountability or certification. Yet the slowness of mail service and the difficulty of communication made correspondence courses a solitary learning enterprise, one generally considered vastly inferior to in-person education.
In the 1960s, the development of videotaping added a new dimension to correspondence courses. Now students could watch the lectures, see demonstrations, and “visit” distant locations. Still, opportunities for interaction remained limited.
Personal computers and the development of videoconferencing in the 1980s made it possible to transfer greater amounts of information more quickly and added the possibility of human interaction. Nonetheless, most of the equipment was either prohibitively expensive, difficult to use, or limited in format. This restricted use to well-funded institutions and to students with technological savvy.
By the late 1990s, the Internet had become user- friendly and commonplace, especially among young adults. Suddenly, the technology necessary to provide information in any format and to allow interaction for students and teachers was widely available. It became familiar and relatively inexpensive, making distance learning an integral part of education’s future.
The objective of this study is to examine how new developments in technology can enrich and expand traditional K-12 education opportunities. Strictly mail-based correspondence courses are omitted, as are purely independent study courses with no accountability. The focus is on technology-based courses providing for interaction between an instructor/supervisor and a student over a distance.
The potential for distance learning
Does distance learning really have potential to change the face of education, or is it just a cool new toy? The answer to both is yes...in part. No amount of technology will fundamentally change the thinking process of students, the benefits of personal interaction, or the power of a great teacher. But distance learning can dramatically effect how education is produced and delivered. It increases the access of course offerings to a broader segment of students and ultimately expands the definition of public education.
Traditional education delivery systems operate within geographical confines. A student enrolls in one school and takes the courses offered at that school. Nothing else. Distance learning provides students with the opportunity to choose from courses offered by multiple institutions around the country and around the globe. The individual student is empowered to seek a course of study uniquely geared
to his needs, abilities, and interests. As pointed out by one researcher, educators have finally realized that they can no longer just offer the courses and expect people to enroll in the classes. They have realized that education is a product and that they must sell the product to the student.1
Some may criticize the multiplication of course options as unnecessary. Educators and students trying to choose courses may be bewildered by the variety. How many options for studying Algebra I does a student really need?
Research provides irrefutable evidence that students have different learning styles, needs, and goals. With distance learning, they are no longer limited to the teaching methods and schedules provided by a single institution or person. Perhaps they will find that a single institution, in person or online, meets all their needs. Or maybe they need to supplement a traditional schedule with one or two courses from an online provider. Perhaps they will want to select from multiple providers. Whatever students prefer, they now have that option.
Distance learning can provide a powerful tool for teachers. It allows course offerings, supplemental material and access flexibility previously unavailable in the average classroom.
Distance learning helps move the locus of power in education from an institution to the student and his or her teachers-a powerful change indeed, but one that will not be without controversy and turf wars.
Distance learning provides students with the opportunity to choose from courses offered by multiple institutions around the country and around the globe.
Impetus for a long overdue redefinition of how we measure education may be provided by distance learning its related legal and functional concerns. Mandated seat time becomes mostly irrelevant. Entire classrooms of students no longer need to progress essentially at the same rate, doing the same thing. As one witness to the Web-Based Education Commission put it, “If we are to be required to assess educational quality and learning by virtue of how long a student sits in a seat, we have focused on the wrong end of the
student.”2
Online education is not necessarily cheap. Initial design and presentation of an online class will be as time consuming as any traditional class, often more so. Technology must be purchased and maintained. Teachers and students must be trained in its operation. Yet, in the long run, it allows for greater efficiency and competition, which in turn will lead to reduced costs. As expertise and equipment become more readily available, costs related to distance learning should decrease.
Groups from teacher unions to rural school boards to homeschoolers are excited about the potential of distance learning. The remainder of this study will examine how that potential is being turned into reality.
Delivery methods
Non-internet based technologies
The simplest kind of technology-enhanced distance learning is a prerecorded video or audiotape. These may be distributed individually, or through local access cable or public television. One step beyond this is a live presentation over the radio or through satellite and cable. These may be further enhanced by the use of conference calls so students can give feedback and ask questions live.
An example of a system offering live video through satellite is the STEP Star Network, a program based in Spokane, Washington, offering programs for subscribing school districts that range from foreign language courses for primary students to professional development for teachers.3 Using conference calls, classes are able to give verbal feedback. For the receiving school, the only equipment needed is a television, cable line or satellite dish, and a telephone. Two-way videoconferencing is the highest end option. This requires a major equipment investment on both ends. The Washington K-20 network is making videoconferencing technology available between school districts, universities and other key locations, allowing even small, rural school districts to
have this opportunity.
As the internet becomes more ubiquitous, it is rare for any of these technologies to exist without some web component, even if it is only a simple website listing the course schedule. Similarly, Internet technology is increasing the ease of distributing video and audio
content.
Internet courses using synchronous computer-based instruction
Synchronous instruction occurs when the teacher and students are interacting live. This can take place at multiple levels. A chatroom allows live interaction, but only at a text-based level. This requires the students and teacher to be quick typists, and limits the types of instruction to those that can be communicated through text alone. Usually chat-type instruction occurs as a supplement to other communication methods, such as independent reading assignments or even videotaped lectures. Chat also provides a means for students and teachers to make connections outside of scheduled class times, greatly diminishing the isolation of distance learning. Software enabling basic text chat is widely available for free, making this a highly accessible enhancement to distance learning.
Chat is the bottom rung in synchronous
computer-based instruction. Applications such as ClassPoint now allow live video and audio of the teacher and students, live chat, file sharing, and a shared whiteboard to be used simultaneously. Teachers can set up interactive quizzes to gauge how the class is progressing and students can raise their hand to ask questions. The class may include an instructor-guided tour through web pages. Such software creates a full classroom experience not bound by location.
Internet courses using asynchronous computer-based instruction
High-end videoconferencing software may make the greatest demos, but asynchronous instruction, where students and teachers do not interact live, creates an education experience unique to the Internet. Asynchronous instruction is not bound by space or by time: students can log on, do coursework, and contribute to discussions whenever they have the most time or interest. Using asynchronous technology requires no special software or equipment at the receiving end–any computer with Internet access will work. This makes it efficient to use even if only one or two students at a given location are taking the class. On the course creation end, asynchronous instruction can be as simple as class assignments posted online, with class work posted and discussions conducted via email. Or it can involve the use of course
creation software, such as Blackboard, posting schedules, delivering content, tracking homework and grades, and providing threaded discussion groups. Course content may be delivered by books, online text with links to websites for research, cd-rom, streaming video, animations, or interactive demonstrations. Course schedules may have frequent, strict deadlines or be learn-at-your-own-pace.
In short, asynchronous computer-based instruction is probably the most widely used category of distance learning and the most varied. It ranges from simple courses posted on rudimentary websites as a hobby, to slickly packaged, for-profit online schools offering a complete, accredited high school curriculum.
Distance learning in K-12 education
Distance learning over the web got its initial push from higher education. Colleges competing for students found distance-learning options an attractive selling feature, especially for older students working on furthering their education while keeping up with their jobs and families. Yet the flexibility and options created by distance learning appealed to those reaching a younger audience as well, especially as Internet technologies became more widespread and familiar. Virtual schools, public and private, began appearing in the mid-90s; by 2001, a study by the Distance Learning Resource Network listed more than 100 resources for online courses.4
Distance learning providers
A virtual school has been defined as “an educational organization that offers K-12 courses through Internet or Web-based methods.”5 Although grade levels are expanding, the focus is still on providing courses for high school students, who are more likely to be capable of the technological navigation and independent study skills usually needed for an online course.
Discovering exactly how many students are enrolled in online courses is difficult, since students may be enrolled in multiple courses offered by multiple providers, but the estimated number for 2001-2002 was between 40,000 and 50,000.6 Only
21.7 percent of providers offer a full high school diploma program; the rest offer individual courses.7
The cost of virtual education ranges: virtual schools organized as public schools may be free of
charge to qualifying students, while some private schools may charge as much as $9,000 a year.8 The average cost for a semester course is under $300 per course.9
Virtual high schools are offered by a variety of providers. Several states have created virtual schools at the state level. These schools typically focus on providing supplemental or alternative courses for students enrolled in the public schools of that state. They are generally available at no charge to the schools. Perhaps the best-known of these is the Florida Virtual School (FVS),10 a program dating back to 1997 and offering 66 courses to over 8,000 students. Although FVS is free of charge to Florida students, the courses are also offered for a fee to out-of-state students. Students graduate not from FVS, but from their local school district.
Screen shots from distance learning courses
Several universities have long offered correspondence courses for high school students. With the rise of the Internet, many of these have switched to an online delivery system, sometimes nothing more than posting the assignments online and receiving papers by email. Others may have elaborate online interaction and course delivery. These programs often offer a complete degree and most often appeal to homeschooled students. They may also provide AP classes for students in regular schools. An example of a high school degree program offered by a university is the University of Oklahoma’s Independent Learning High School.11
Sometimes schools or districts band together to share courses online. These consortia usually are focused on providing supplemental classes or alternative schedules for students at the participating schools. Teachers can offer specialized classes for a small number of students - something that would be impossible in most local schools. A participating school will provide classes, and it will allow students to take classes from teachers at the other schools. The Virtual High School (VHS),12 a consortium of schools around the United States and world, offers over 100 different courses to students in participating schools. Virtual schools based out of local education agencies (local school districts) tend to focus on serving the needs of students located geographically within the district, often requiring face-to-face interaction at some point. They offer the opportunity for students to make up credits, to work out scheduling difficulties, or to accelerate their studies. They may also try to offer opportunities for dropouts, expelled students, or homeschoolers. Often schools will offer only a few courses online as their focus tends to be on supplementing rather than replacing a traditional course load. For example: SK Online13 provides courses primarily for students within the Salem-Keizer school district in Oregon; the course listing is extensive but is not a complete diploma- granting program. Students already attending school
in the district register through their local schools.
Local school districts or state agencies may also create chartered virtual schools. These schools generally do provide a full diploma-granting program, unless they focus solely on lower grade levels. Since they are public schools, they are usually free of charge to students living within the geographic area. Electronic Classroom of Tomorrow in Ohio even
provides the necessary computer equipment free to students.14 These schools tend to be marketed toward homeschoolers. This has generated concern among many homeschooling groups, since students in these electronic classrooms are back in the same environment homeschooling parents fled.
Virtual schools are also created by private companies. Some have some form of accreditation, but many do not. Content varies widely, from traditional correspondence schools with a website, to content specially designed for online delivery. A few break the mold entirely: A private company called Willoway delivers courses through a 3-D virtual city that students help construct.15
Although many virtual schools construct their own courses using basic internet technology, others use the software and even course content provided by private companies. Course management software is common: it provides a way to organize class materials, assignments, messages, and tests easily.16 Often the course management software will host the content. Companies may also offer full courses: for example, Apex Learning provides online AP (Advanced Placement) courses.17
In traditional education, the difference between a teacher and a textbook is easy to spot. In distance learning, the line may become blurred. A provider may offer a distance-learning course that is roughly the equivalent of a textbook–the student may study materials independently, or another entity may provide a course teacher, whether online or in-person. Or providers may offer varying levels of support to students that at some point rise to the level provided by a classroom teacher. A student may have an online teacher who guides the entire online class, an in- person teacher who supervises his or her independent study, or both.
Distance learning in practice
Distance learning typically brings to mind the image of an individual student working on his or her own. This is still a common model, but there are many variants, as well as many purposes for which students use distance learning.
Individual courses are usually offered for students whose academic needs do not fit into the normal school schedule. More than 72 percent of virtual schools offer remedial courses; over 60 percent offer advanced placement courses.18 Online AP courses
EVERGREEN FREEDOM FOUNDATION • SCHOOL DIRECTORS’ HANDBOOK • DL-5
allow students to pursue college credit even though their school may not be large enough to offer an AP course in the topic that interests them.
Virtual schools also offer core high school courses. Students may take these courses to resolve scheduling conflicts, make up credits, or advance their pace. Full core programs accommodate the needs of medically fragile students, students in juvenile correctional institutions, and student athletes and performers. Some virtual schools may offer college courses with dual enrollment so students can gain high school credit at the same time. Many offer specialty electives that allow students to take courses that would never draw enough interest to be available in a local school building.
Within a public school, students are often assigned a particular class period to work on a distance- learning course and usually have some sort of on-site supervision. They are usually able and expected to log on after school hours to continue working on their assignments.
Some distance learning courses may be designed for full class participation. For example, the STEP Star Network has language classes designed for a whole elementary class to participate at once, guided by their regular teacher.
The technology of distance learning may even be used to supplement a live class. A teacher may post assignments online, offer quizzes, or even host a discussion board. Although not technically distance learning, the crossover of this technology into the traditional classroom demonstrates some of the power of distance-learning methods.
Online resources may also be used within a traditional classroom setting. For example, museum websites may post portions of their collections online. Government websites may provide access to archives of photos, documents, and video; develop learning activities; or even set up live interaction for students, such as is done with the NASA Quest program.19
Programs that offer a high school diploma entirely online are usually targeted to students who would otherwise homeschool. This is true whether it is a program offered privately or one offered by a public education entity. Homeschooling secondary students often seek a way to get an accredited diploma, making distance learning particularly appealing to them. Public education providers sometimes also try to
appeal to school dropouts.
Regulatory challenges
Teacher certification issues
Public schools can only hire teachers who are certified in that state. In operating a distance-learning program, a school cannot hire a teacher from out of state. One way public schools have dealt with this challenge is by forming consortia, where rather than hiring out-of-state teachers, schools collaborate, exchanging teacher time in one online course for student slots in courses taught by teachers in other states. Distance learning is also often characterized more as the purchasing of individual courses, rather than as the hiring of any teacher involved. Nevertheless, the state may need to reevaluate its certification requirements to ensure they provide sufficient flexibility for schools seeking distance- learning options for their students.
Standards
The free-for-all nature of the Internet is reflected in the variety of quality in distance-learning content. Some distance-learning courses are merely lists of reading assignments in a textbook, or lists of links to websites on a particular topic. Others are carefully crafted courses integrating text, appropriate illustrations, animations, extra research, quizzes, independent assignments, and frequent interaction with teachers and other students. This may provide a learning experience that equals or exceeds that which can be provided in a traditional classroom
In this diversity, how can educators and parents ensure students are getting a high quality learning experience? Some consider the variety of options a problem in the making and are considering a call for national standards or regulation of content providers. But this approach is likely to undermine the great strength of distance learning, which is its broadening of the marketplace to give learners exponentially more choices than ever before. Ensuring high quality is imperative, but should be done through measures that strengthen rather than hamper the marketplace, and that enhance local control of education.
Differences in state standards do pose a difficulty for distance-learning providers, but textbook providers face the same challenges. Rarely do dramatic differences exist between state standards overall, although there may be slight differences in sequence or
emphasis. States manage to select appropriate textbooks off the shelf without too much difficulty. Private companies providing material adapted for online presentation have even more ability to adapt than do textbook publishers, since they can set up programs allowing teachers to subtract, add, or rearrange content.
In choosing an online curriculum, selectors need adequate information about curriculum standards, instructional models, hardware
requirements, technological support, teacher training, and cost per learner hour of use.20 As curriculum selectors insist on having this information, curriculum providers will be forced to supply it. They may find it advisable to create a voluntary rating system to make it simpler for selectors to spot quickly the programs they want to use. Third-party reviews of programs will also be important, as they are currently with other computer applications.
In Washington state, evaluation of courses is generally done by individual school districts, as part of their curriculum selection process. Local educators are best equipped to determine which learning options fit the standards and needs of their students.
Measuring attendance
Education has often been measured in seat time– how many days for how many hours a day a student sits in class. It may be the easiest verification measure for student learning, but, as we already know, it is far from being the most accurate. With distance learning, seat time no longer is a relevant measure. Students can study anywhere they can log on to the Internet, and any time that fits into their schedule. Their pace may match that of a traditional classroom, or move much faster or slower.
Distance learning makes attendance as such difficult to measure. Although computer programs can track when a user logs on and logs off, and even measure how frequently the user interacts with the program, many programs do not measure use with this level of detail. Even those that do cannot verify the student has logged on himself, rather than handing off the password to another person. And there is no way to measure time spent doing independent projects that involve working away from the computer.
Implementing distance learning will require adjusting the definition of education from hours logged to knowledge gained. Washington law requires
students to attend school a minimum of 180 days a year, and requires the district to make available an average offering of 1000 instructional hours.21 For granting high school credit, school boards are
Implementing distance learning will require adjusting the definition of education from hours logged to knowledge gained.
permitted to recognize alternative learning activities instead of a designated number of hours in a class.22 School boards must also adopt policies indicating how they will accept credit from distance-learning courses.23
Making distance education a viable option for students, then, falls primarily on the school board to determine what offerings correspond to district standards. Legislators may also need to consider whether the 180 day/1000 hour requirements allow sufficient flexibility for students learning at their own pace.
Copyright problems
Copying and distribution of copyrighted materials in the classroom is allowed under three exemptions in federal copyright law. Teachers may display or perform any work in the classroom setting as long as they have a legal title to the work:24 thus a teacher could show a full-length movie in the classroom, as long as the teacher had legitimately purchased a copy. Teachers in a government or nonprofit setting can distribute non-dramatic works (text, images) to students at distant locations if those locations are also classrooms or special circumstances prevent the recipients from attending classrooms.25 The other exception is the general fair use exception allowing uses of copyrighted material that do not threaten the value to the copyright holder.26
In a distance-learning setting, the appropriate uses of copyrighted work may be different. No specific exemption allows the display or performance of a dramatic work in a distance-learning setting. A teacher who made a particular movie or video presentation an integral part of an in-person class might be unable to translate it online.
Even the section of the law that allows some distance-learning applications is fairly limited. It only applies to non-dramatic works. For-profit education
providers cannot take advantage of it, and for-profit companies are a significant part of the distance- learning marketplace. Further, the exception seems limited to students who have some reason for being unable to attend a regular classroom, even though many students choose distance learning out of preference rather than necessity.
The primary options for distance-learning providers in using copyrighted materials, then, are fair use and purchasing licenses. Fair use likely will allow for short excerpts from printed works, links to the copyright holder’s website, and perhaps even short video and audio clips. It probably would not encompass distributing an entire movie online, because of the danger of piracy; and it might limit how much a teacher could display copyrighted images. Obtaining licenses may sometimes be a viable option, but often the cost demanded for web use would be prohibitively expensive, or the copyright holder cannot be found.
The copyright office is considering changes in the law to reflect technological advances, while limiting uses to those parallel to a traditional classroom: only to designated students, limited time for access, etc.27 Technological changes may also influence future changes in the law. As technologies develop allowing teachers to display files without giving students the option of pirating them, more flexibility may be available. And the market may also develop licensing options that will make it easier and more affordable for teachers to use the good work of others.
In the meantime, distance-learning providers still have the fair-use provision, which will allow for many uses similar to a traditional classroom. But both educators and students must be aware of the need to respect the copyrights of others, something easy to ignore with the ease of accessing and copying information over the Internet.
Logistic challenges
Prerequisites for student success
Most of the skills required by distance learning are important to student success in any setting: strong reading and writing skills, independent motivation and discipline, abstract reasoning. But in the distance- learning environment, there may be less flexibility for students who are lacking in one of these areas. Without the physical presence of a teacher, students need to be
internally motivated and disciplined.
In most distance-learning settings, reading and writing are the primary means of learning. Students who do not communicate well through these means are unlikely to have alternative ways to learn or demonstrate their knowledge. The emphasis on reading, writing, and navigational skills, and on the abstract over the concrete, also tends to limit the ages of students able to handle online learning. Few programs are available at the elementary level, and those that are generally require heavy involvement by a parent or
Most of the skills required by distance learning are important to student success in any setting: strong reading and writing skills, independent motivation and discipline, abstract reasoning.
teacher.
Yet as technology improves, distance learning begins to approximate the traditional classroom. It now has increasing
options for different learning styles. Graphics, videos, and animations can make the online classroom even richer visually than the traditional classroom. Streaming audio and online meetings are becoming more common. Assignments may allow students to create slideshows or websites to demonstrate their knowledge.
The prospect of working on the computer or at his or her own pace may also provide motivation for students who might be unmotivated in a traditional classroom setting. And a supervisor on the spot, whether a parent or teacher, may provide accountability and help with study skills.
Funding for distance learning
Distance learning may be able to dispense with the overhead of a bricks-and-mortar school, but it has its own overhead. Courses must be designed and programmed, a process likely to take significantly longer than designing a traditional course.28 Course management software cuts down on the time needed to set up a class, but is its own expense. If the class is designed to provide teacher interaction with students, it will likely require as much or more teacher time than
a traditional class.
The technology required to conduct the class is also expensive. Hardware and software costs are not a one-time expense: they need continual upgrading and maintenance. High-bandwidth internet access must be provided. Teachers need to be trained to teach or supervise distance learners, or to integrate other internet resources into the traditional classroom. Whether distance learning proves more or less costly overall than traditional education will depend on the form it takes.
Costs to students tend to vary in the same way traditional education does. Public school courses are often free or very low cost to students within the school’s jurisdiction. Courses offered by private, non- accredited organizations, especially those with little teacher/student interaction, are also fairly low-cost. Accredited private schools and those with high amounts of teacher involvement tend to be fairly high cost.
Funding distance education in public schools is a challenge. Traditional funding mechanisms, tied to salaries, mandated student/teacher ratios, and buildings, do not leave much money free for purchasing technology or funding distance-learning courses. Some states, such as Florida and Kentucky, fund state-level virtual high schools through special appropriations in the state budget. In Florida, the courses are available free of charge to in-state students; in Kentucky, the district must pay $300 tuition per student.29
Pennsylvania has several online charter schools. If a student elects to attend one, the student’s local school district is required to pay the student’s tuition. This funding mechanism has created some friction between school districts and charter schools, with some districts suing the charter schools or simply refusing to pay.30
Implementing distance education will require adjusting budgets to allow the investment needed in technology and training. It will require arranging cash flow so local schools will have incentives to support distance education when appropriate. Distance learning is not likely to result in an immediate cost savings; rather, it will immediately provide more opportunities for students and teachers. Most importantly, it may provide the impetus for education funding to be tied, not to programs or structures, but to a result: an educated student.
Teacher involvement
Today’s students may be relatively comfortable using technology for learning, but their teachers are not. In 1999, almost two-thirds of teachers reported feeling not at all prepared or only somewhat prepared to use technology in their teaching.31 To present a course online, help students choose online courses, or supervise students taking online course, teachers will need to be comfortable with the technology and savvy about the value of different options.
Along with creating a need for teacher training in technology, distance learning also creates a possibility for fulfilling the need. Teachers who have a rudimentary understanding of technology can use distance-learning courses to enhance their skills, with relatively low cost and schedule disruption. Continuing education courses in using technology are usually the first topic to be offered to teachers on a distance-learning basis.
Technological requirements
Providing distance learning requires answering several questions about technology. Who is going to provide the equipment? Who is responsible for keeping things running? What happens when things break down?
Under some models of distance learning, particularly public charter schools, the school itself provides the equipment and support for full-time enrolled students, including the computer in the home. Since students are enrolled off-site, providing computers in a way replaces school infrastructure and may be a necessary part of a fully-funded public education–although keeping tabs on the computers may be a challenge.
When students at traditional public schools take individual courses online, lab time and general support are usually provided by their local school, although they may often be expected to log on from home as well. Homeschooled students enrolled in distance learning generally have to provide their own equipment and only get support from the course provider for the provider’s own software.
Security
An ongoing problem of distance education is verifying that the registered student is in fact completing the work, and on an appropriate timetable. Online courses can often verify how often students log on and provide easy methods of tracking
assignments. They cannot verify whether the person using the student’s user name and password is in fact the registered student.
Some virtual schools that only make themselves available to students in a limited geographical region may require students to come take tests in person. Others require students to have final exams proctored. Where students are taking courses through their local school, the school can provide verification. Mostly, distance-learning courses rely on students and parents being honest, sometimes supplementing with informal checkups by phone or email.
Distance learning in Washington
Washington state laws and policy make distance learning primarily a local concern. School boards are required to adopt policies on how they will accept credit for distance-learning courses.32 Local districts
95 percent of the instructional classes in the state have Internet access in the classroom.
are free to grant full high school credit for distance-learning courses, and they may still count students as full-time students for appropriations as long as the school district is still planning and supervising the learning experience. In addition to school districts approving individual courses for distance learning, they may offer students an alternative learning experience.33 This operational option, often used for alternative
schools for at-risk students, can also be used to allow the school district to provide online courses and supplemental activities for families who would otherwise homeschool full-time. Under these regulations, teachers must periodically review the student’s progress, and the student must either attend school at least five hours a week or have one-on-one meetings with a teacher once a week. The districts can then count those students for the purpose of obtaining funding.
Washington has a high rate of Internet availability. According to a March 2001 building technology inventory by OSPI, 95 percent of the instructional classes in the state have Internet access in the classroom.34 Use of that access for distance learning is still fairly limited, however. The survey found 3,432 K-12 students–out of more than a million–enrolled in online courses. An online survey conducted by OSPI
during October and November of 2001 found 25 percent of secondary schools to have students enrolled in online courses during the 2001-02 school year.35 State technology initiatives have tended to focus
on providing the equipment needed. For example, the K-20 Network in Washington provides a high-speed telecommunications backbone between public school districts, colleges, and now extending to libraries. It allows Internet access and two-way videoconferencing between sites. Rural schools, especially, have made use of the network: 57 percent of the videoconferencing use is by rural schools.36 One way districts have used the K-20 Network is the Washington Virtual Classroom, a project of several rural districts to offer cooperative classes through video conferencing.37
Washington state has no state-level virtual school or similar program. It does have some online purchasing agreements with content providers, including WebEd, which provides online professional development, and NovaNet, which provides secondary- level curriculum. The Digital Education Task Force, a group appointed by Governor Gary Locke in February 2002, has drafted a report recommending the creation of a Washington Digital Learning Commons. This would provide a web portal with digital curriculum resources, tools for students and teachers, and online classes.38
For the most part, however, the development and use of distance learning will probably remain a local matter. Following are some examples of how distance learning is being implemented in Washington state.
Wellpinit School District
Wellpinit School District serves 440 students on the Spokane Indian Reservation in eastern Washington. For the past three years, Wellpinit has offered students the opportunity to take courses online. In the 2001- 02 school year, 160 students in grades 5-12 took 63 different courses. Wellpinit purchases these courses from various providers, including Laurel Springs School, Brigham Young University, North Dakota Division of Independent Studies, the University of Missouri, and NovaNet.
Wellpinit pays for online courses out of the general fund and through grants aimed at funding technology. Teachers are paid to supervise the course out of ordinary salary allocations. Costs for courses vary, with NovaNet costing $100 a month for every workstation used, while university courses cost around
$90 per credit.39
Students are referred to distance-learning courses by advisors or teachers; as students have become more aware of the program, they often come to request online courses.
Elementary students taking an online course, generally for advancement or enrichment, work at it in their regular classroom during the school day. Secondary students have an assigned class period to work on online courses in a supervised setting. They may be taking classes to make up credit, take an elective not offered by the school, or for honors classes. Course offerings include AP and college credit courses. The global classroom for taking Internet courses provides 15 workstations in carpeted cubicles. Supervising teachers can monitor student activity from their own workstations. Stations used during the day for the students at the regular school are often used
after hours by students in the alternative program.
According to Joni Scott, the curriculum coordinator, students are expected to take responsibility for scheduling their time and completing courses. She considers the online option to have helped Wellpinit achieve its 0 percent dropout rate–with the flexibility to make up courses, students are given hope that they can finish school.40 In addition to the use of online courses at the district’s alternative high school, students can opt for a supervised home-study program, in which they take all courses online through a computer provided by the district.
Wellpinit also participates in the Washington Virtual Classroom, a network of small rural districts using the K-20 Network to collaborate on classes. Wellpinit students are taking Washington State History through the Virtual Classroom, and several are participating in an ASL class taught by a teacher in Vancouver, at the Washington School for the Deaf. Through two-way videoconferencing, students are able to take onsite a course the district would not otherwise have the resources to offer.
Superintendent Reid Riedlinger sees the strength of the online courses as providing a way to meet the needs of all students, whether dropouts or not. “It’s what the world’s going to–individualized learning,” he says.
NEVAC Online Courses
The Northeast Vocational Area Cooperative (NEVAC) is a consortium of school districts in the upper Puget Sound region offering students the
opportunity to enroll in an array of vocational courses that may not be offered at their local school.41 Among those courses are several programming courses offered online to students within the NEVAC districts. Students sign up through their high school counselor and can take the classes free of charge.
The online courses are created by local staff, with four to five people working on a course. An online teacher supervises and grades student work. Depending on the local school situation, students may take classes on their own time or have school time allocated for it.
Internet Academy, Federal Way Public Schools
The Federal Way Internet Academy, operated by Federal Way Public Schools, provides online courses to both homeschool and public school students. It operates under nearly the same policies and procedures as other schools in the Federal Way School District, reporting student enrollment and teacher work based on the online courses.42
The Internet Academy teachers develop many of their own courses. They also lease some courses from Academic Systems and Compass Learning Odyssey.
The Federal Way Internet Academy, operated by Federal Way Public Schools, provides online courses to both homeschool and public school students.
In turn, some of their courses are leased by other schools. Classes are available for grades K-12, but a full time program is available only in grades 3-12.
A total of 410 students are enrolled in the Internet Academy, with 170
enrolled K-8 and 240 enrolled 9-12. Students may be taking anywhere from one to five courses; 42 percent are enrolled full time, taking five courses. Forty percent of students have identified themselves as homeschooling.
The Internet Academy has a physical site, with a computer lab students may come in and use. Teachers have office hours on site during which they are available to students by phone or face-to-face; they can also do some of their work from home. One teacher underwent treatments for breast cancer during her first year of teaching at the Internet Academy, and
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appreciated the flexibility afforded by teaching online.43
Out-of-district students who wish to take an Internet Academy course must request a transfer from their home district. The Internet Academy reports Washington students for state funding based on the number of classes in which they are enrolled; students from outside the state must pay $250-$295 per course. Since Internet Academy does not award diplomas, students who wish to earn a diploma must make arrangements with their local school to accept the credits.
Sky Valley Education Center, Monroe Public Schools
The Sky Valley Education Center is a part of the Monroe School District, serving over 380 students in 1st-12th grades. Under Washington State regulations, it is classified as an alternative learning experience.44
The alternative learning experience rules require a written learning plan for each student, which must be periodically reviewed by school staff. Students are also required to attend school at least five hours a week. Sky Valley sets a maximum of fifteen hours per week of in- person classes.
Students in 1st-8th grades tend to spend less time on site, and most of their time is spent working with their parents to fulfill their individual learning plan. In addition to on-site classes and instruction at home, students in 9th-12th grade have the option of taking distance-learning courses from Class.com, a spin-off from the University of Nebraska. Students may earn a high school diploma. Onsite courses include a wide variety, from language arts and math, to Irish dance, drama, and hands-on science.
Bill Hainer, principal of Sky Valley, estimates that the education center operates at about two-thirds the cost of a traditional program. Although he sees this as a tremendous opportunity for cost savings, he says others perceive it as an increased cost, because alternative learning programs draw students who might otherwise not be in the public school system at all. As a result, he says, “There is a clear tolerance for these programs from the State Superintendent’s office, but virtually no support.”45
Hainer indicates that state regulations have unintentionally created difficulties for them. For example, the Alternative Learning Experience regulations explicitly prohibit participation by home-based students. Usually, home-based students can enroll
part time at a public school for an individual class, like band or Spanish. But because of the regulations, such students cannot take an individual class at Sky Valley unless they were willing to enroll full time.
Another difficulty is the state’s method of measuring class size. Sky Valley has only a handful of teachers relative to the student enrollment. But because students only participate in a few classes a week, actual class sizes are quite low–about ten or eleven per class. The state measures class size based on the staff/student ratio, not how many children are actually in a classroom. A small district with a large alternative learning program could have its reporting ratios skewed to the point that it would reduce its state funding. Sky Valley addresses this problem by starting two weeks late so that its students are not counted in the Monroe School District’s class size report for the year; it then reports the students at a different time to receive state funding.
Hainer, who has helped other districts start alternative learning experiences, identifies the two keys to a successful alternative learning program to be school district support and parent support. He sees the alternative learning experience option as a way to bring people back into the system. “We’re expanding the definition of public education,” he says.
Recommendations
Streamline regulations to provide the maximum opportunity for distance learning.
The legislature and the regulatory institutions for education–the State Board of Education and Office of the Superintendent of Public Instruction–may someday decide to modify regulations to address web- based learning more directly. Current regulations in Washington primarily leave it up to local school boards to establish distance-learning policies, ensure alignment with state standards, verify attendance, and determine when credit should be granted. The primary challenge is to remove unintentional barriers to distance learning.
One area of regulation that can create problems is the student/teacher ratio. In an effort to reduce class size, the legislature mandates certain student/teacher ratios and reduces funding for districts that do not maintain those ratios. In alternative learning programs, students may come in for only a few classes a week or a day, thus skewing student/teacher ratio
formulas. State restrictions on class size should consider the realities of online teaching and learning, allowing districts the flexibility to allocate resources efficiently.
Other regulations that may need to be reexamined in the light of distance learning include: 1) restricting alternative learning centers from accepting part-time students, 2) requiring Washington certification of teachers, 3) restricting reasons for interdistrict transfers, and 4) hour attendance requirements. When necessary, school districts could be allowed to seek waivers from some of these requirements to implement a distance-learning program.
Modify public education cash flow so money can be spent where a student needs it.
Public education funding too often gets sidetracked in myriad administrative or specialty programs, each with its own forms to fill out and records to keep. The allocation of education dollars should be revised so the vast majority of the money flows to a student’s school and classroom. This would not only provide more flexibility for purchasing online courses when needed, it would improve the focus of education in general.
Students in Washington have the possibility of transferring from their resident district to a nonresident district, in which case the new district obtains the student funding. Transfers may be restricted, however, if a student’s resident district is not supportive.46 These rules may need to be modified to provide
We’re expanding the definition of public education.
greater flexibility for students to pick the program that best matches their needs. If a large number of students seek transfers, some districts may feel they are losing students. But students should not be treated as geographical prizes; they should be allowed to pursue the
educational options that best meet their needs.
Create a supportive atmosphere for districts pursuing distance-learning options.
Distance learning in Washington state is currently a matter of local discretion. School districts choose which courses to approve, whether to authorize distance learning for one or two courses or allow a full online education, and how to operate them. Local districts can evaluate whether current courses should be given credit, or they may decide to design their own courses. Teachers may supervise students taking distance-learning courses, or they may use the courses as a supplement to in-class
instruction.
Promoting distance learning at the local level provides the schools with the maximum options to serve the needs of their students. The state role in distance learning should be supportive — promoting flexibility in policies and providing information rather than restricting choices.
Avoid enacting regulations and restrictions that would limit the development of a free market in distance learning.
The primary regulatory barriers to distance learning currently come from regulations that predate Internet technology. Distance learning is too new to have acquired many of its own regulations. Given the natural tendency of things, it is likely to attract more regulation in the near future.
To date, teacher unions appear to be cautiously approving of distance learning, as long as programs continue to employ certified teacher members at the same rate as traditional education services. In the near future, distance learning is likely to be a topic of collective bargaining agreements. At the college level, NEA notes: “When distance-learning policy is included in the collective bargaining agreement, the institution is significantly more likely to offer distance-learning training courses on a regular basis than when it is not included in the agreement.”47 Although adequate training for teachers is an important part of a successful distance-learning program,
subjecting distance learning to a collective bargaining agreement may destroy much of the flexibility that is its primary advantage.
Some educators called for greater standardization and regulation in the content, format, or teacher qualifications
of distance-course offerings. While outside analysis is helpful, it is the local district and school who has on- the-ground experience with distance-learning programs. Restricting who can offer courses, what they can offer, or how it can be offered would stifle innovation in a field that is only beginning to develop.
Districts should examine technology budgets to ensure adequate teacher training and maintenance are funded.
Funding technology means a lot more than buying computers. Using technology effectively requires ongoing repair, upgrades, and training for
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those using it. Teachers report feeling relatively ill- prepared to use technology in the classroom. Generally, they are receiving only limited and basic instruction on technology.48
To fund ongoing costs, such as maintenance and depreciation, or in leasing equipment (which may be more cost-effective than buying), Washington law restricts schools from using capital bonds, which may only be used for one-time costs. The Washington State Educational Technology plan recommends changing restrictions so that districts can use bond and levy money to fund the necessary ongoing costs of technology.49
Maintain a clear distinction between alternative education options and home- based instruction
Homeschool groups have expressed concern over the growth of public school alternative learning options programs because they do not allow parents the same degree of flexibility and control over curriculum. Many of these programs are marketed primarily or exclusively to homeschoolers to help public schools retain per-student allocations. “Homeschool” students participating in a public school alternative program are, in reality, public school students, with the same restrictions on religious content, and requirements for testing and complying with state curriculum objectives, as any public school.
It should be made clear to parents that public school alternative programs provide a way for parents to be more involved in the education of their children that is distinct from homeschooling. School officials should also make it clear that parents still have the option of conducting home-based instruction. Legislators and state agencies must remain committed to maintaining the home-based instruction option separate from the public school.
This is not meant to argue against alternative education programs. These programs provide a great alternative for a certain group of parents–those who would like more involvement in their children’s education, but also want a high level of guidance, support, and interaction with others. But they should not be allowed to supplant existing home-education options.
Appendix-Providers
This is not intended to be an exhaustive list of
distance-learning resources, but is a fairly broad sample of the different options available. Schools based in Washington are marked by an asterisk.
State-operated virtual schools
Alabama Online High School: (Alabama only) http://aohs.state.al.us/.
Idaho Virtual High School: http://www.idvhs.org/. Florida Virtual School (Courses available on a fee basis for students and schools outside Florida): http://www.flvs.net/.
E-school (Hawaii): http://www.eschool.k12.hi.us/. Illinois Virtual High School: http://ivhs.org/.
Kentucky Virtual High School: http:// www.kvhs.org/.
Louisiana Virtual School: http:// www.lcet.doe.state.la.us/distance/. Michigan Virtual High School: http:// www.mivhs.org/.
North Dakota Division of Independent Study: http://www.ndisonline.org/.
The Electronic High School (Utah): http:// www.ehs.uen.org/.
West Virginia Virtual School: http:// virtualschool.k12.wv.us/vschool/.
University extensions
Brigham Young University Independent Study: http://ce.byu.edu/is/site/index.dhtm.
Indiana University High School: http:// scs.indiana.edu/hs/hs.html.
Distance Learning Academy, Oklahoma State University Extension: http://extension.okstate.edu/ k12.htm.
SMSU Missouri Virtual School: http:// www.cnas.smsu.edu/e-highschool/.
University of California UC College Prep Initiative: http://uccp.ucsc.edu. Offering AP courses for California schools that could not otherwise offer
them.
University of Missouri-Columbia High School: http://cdis.missouri.edu/MUHighSchool/ HShome.htm.
University of Nebraska-Lincoln Independent Study High School: http://cdis.missouri.edu/ MUHighSchool/HShome.htm.
University of Oklahoma Independent Learning High School: http://ouilhs.ou.edu/.
Local Education Agencies
Most local education agency programs are
designed to serve students within the local area; they often include an in-person component and are designed especially to appeal to local homeschoolers.
Babbage Net School (New York): http:// www.babbagenetschool.com/.
CAL Online (California): http://www.cusd.com/ calonline/Default.htm.
CCS Web Academy (North Carolina): http:// www.ccswebacademy.net/.
Clintondale Virtual High School (Michigan): http:/
/www.clintondalevhs.org/. COOLschool (Oregon): http:// www.cyberschool.k12.or.us/.
Duncanville ISD Virtual School (Texas): http:// www.duncanvillevschool.org/.
eHigh School (Georgia): http://
www.cobb.k12.ga.us/~elearning/ehighclass.htm. Plano ISD eSchool (Texas): http:// planoisdeschool.net/home.html
E-School (Kansas): http://www.usd259.com/eschool/.
*Evergreen Internet Academy (Evergreen School District): http://eia.egreen.wednet.edu/
Gwinnett County Online Campus (Georgia): http:/
/gwinnettk12online.net/.
HISD Virtual School (Texas): http:// hs.houstonisd.org/virtualschool/.
*Internet Academy (Federal Way Public Schools): http://www.iacademy.org/index.html
JeffcoNet Academy (Colorado): http:// jeffcoweb.jeffco.k12.co.us/access/academy/. Juneau Cyber School (Alaska): http:// jcs.jsd.k12.ak.us/.
Mindquest (Minnesota): http:// www.mindquest.org/.
Monte Vista’s Online Academy: http:// monte.k12.co.us/ola/index.htm.
Oakland Virtual Connection (Michigan): http:// www.oakland.k12.mi.us/ovconnect/.
Rock Hill School District Three Virtual High School (South Carolina): http://www.rock- hill.k12.sc.us/departments/vhs/.
SeeUonline (Alaska): http://www.seeuonline.org/. SK Online (Oregon): http://www.skonline.org/.
*Sky Valley Education Center (Monroe Public Schools): http://www.monroe.wednet.edu/ SCHOOLS/SKY_VALLEY/default.html
Southern Oregon Online School (Oregon): http:// www.jacksonesd.k12.or.us/it/soos/.
VILAS (Colorado): http://www.vilas.k12.co.us/vilas/ vilas.htm.
Virtual High School @ PWCS (Virginia): http:// www.pwcs.edu/pwcsvirtualhs/.
Charter Schools
21st Century Cyber Charter School (Pennsylvania): http://www.21stcenturycyber.org/.
Basehor-Linwood Virtual Charter School (Kansas): http://vcs.usd458.k12.ks.us/.
Choice 2000 (California): http:// www.choice2000.org/.
Clark County Cyber Schoolhouse: http:// www.ccsd.net/its/cccs/.
Delta Cyber School: http://www.dcs.k12.ak.us/. Electronic Classroom of Tomorrow (Ohio): http:// www.ecotohio.org/.
Electronic Charter School (Kansas): http:// www.onlineECS.org/.
Midwestern Regional Virtual Charter School: http:/
/www.miu4.k12.pa.us/virtualweb/chartersch.html. Odyssey Charter School (Nevada): http:// www.odysseycs.org/.
Pennsylvania Learners Online: http:// www.palearnersonline.net/.
Pennsylvania Virtual Charter School: http:// www.pavcs.org/.
Treca Digital Academy (Ohio): http://tda.treca.org/. SusQ Cyber Charter School (Pennsylvania): http:// www.susqcyber.org/.
Western Pennsylvania Cyber Charter School: http:// www.wpccs.com/.
Other Public Entities and Cooperatives Virtual High School (Consortia of high schools around the country): http://www.govhs.org/website.nsf. AP Nexus (Southern Regional Education Board program offering online AP courses): http:// www.apnexus.sreb.org/.
Colorado Online School Consortium (Supplemental courses for Colorado students): http:// www.cosc.k12.co.us.
ECO 2000 Cybserschool (Special interest courses in Aroostook County, Maine): http:// www.eco2000.org/consortium/.
Lancaster-Lebanon Intermediate Unit 13 (offers Apex Learning courses in Pennsylvania): http:// www.iu13.k12.pa.us/tech/Apex.html.
Minnesota Distance Learning Academy (Class.com provided courses): http://www.swsc.org/mdla/.
Texas Virtual School (High school, AP, and profes- sional development through multiple education service districts): http://www.texasvirtualschool.org/. Virtual Greenbush (elementary, middle and high school courses, and professional development through Kansas regional center): http:// www.virtualgreenbush.org/.
*Washington Virtual Classroom (Cooperative of several rural districts): http://www.wavcc.org/wvc/.
Private, State or Regionally Accredited
*Christa McAuliffe Academy: http:// www.cmacademy.org/.
Compuhigh Online High School: http:// www.compuhigh.com/.
Intelligent Education, Inc. http:// www.intelligented.com/.
Internet Home School: http:// www.internethomeschool.com/. Keystone Virtual High School: http:// www.keystonehighschool.com/
Laurel Springs School: http:// www.laurelsprings.com/.
Phoenix Special Programs: http:// www.phoenixacademies.org/.
WISE Internet High School, Richard Milburn High School: http://www.rmhs.org/.
Private, Other
Alpha Omega Academy (all grades, Christian): http://www.welcometoclass.com.
Dennison On-Line Internet School: http:// www.dennisononline.com/.
Eldorado Academy: http:// www.eldoradoacademy.org/.
Futures International High School: http:// www.internationalhigh.org/.
Garden Schools (Christian, ages 5-15): http:// www.gardenschools.com/.
Oak Meadow Online (Grades 6-8): http:// www.oakmeadow.com/curriculum/online.htm. The Potter’s School (Christian): http:// www.pottersschool.com/.
Regina Coeli Academy (Catholic, classical): http:// www.reginacoeli.org/.
Scholars’ Online Academy (Christian, classical, affiliated with Regina Coeli): http://www.islas.org/ sola.html.
Schola Classical Tutorials (Christian, classical): http://www.schola-tutorials.com/.
Sycamore Tree Online (3-12, using Alpha Omega’s curriculum): http://www.sycamoretree.com/.
The Trent Schools: http://www.theschools.com/ trent_online.htm
USA International On-line School (Affiliated with VILAS): http:// www.usainternationalonlineschool.com/.
Willoway School: http://www.willoway.com/. Content and infrastructure providers Academic Systems (writing and math courses):
http://www.academicsystems.com/.
Apex Learning (AP courses): http:// www.apexlearning.com/.
Blackboard (course infrastructure): http:// www.blackboard.com/.
Compass Learning Odyssey (elementary courses): http://www.childu.com/.
Class.com (high school courses): http:// www.class.com/.
eClassroom (course infrastructure): http:// www.eclassroom.com/.
Jones Knowledge (courses and course infrastruc- ture): http://www.jonesknowledge.com/.
K-12 (courses for K-5 so far): http://www.k12.com/. Lotus (course infrastructure and conferencing):
NCS Pearson (courses, student management, and testing–includes NovaNet): http:// www.ncspearson.com/k12/index.htm.
Virtuallaboratory.net (science course materials): http://www.virtuallaboratory.net/.
WebCT (course infrastructure, course content): http://www.webct.com/.
Other Resources
AskEric distance education information: http:// www.askeric.org/cgi-bin/res.cgi/ Educational_Technology/Distance_Education. Distance-Educator.com: http://www.distance- educator.com/.
Distance Learning Resource Network: http:// www.dlrn.org/.
United States Distance Learning Association: http:// www.usdla.org/.
Web-Based Education Commission: http:// www.hpcnet.org/webcommission.
Endnotes
Jason L. Hicks, Distance Education in Rural Public Schools,
USDLA Journal Vol. 16 No. 3, March 2002.
Palmer Noone, Laura, University of Phoenix. Testimony to the Web-based Education Commisssion. July 19, 2000.
Tom Clark, Virtual Schools: Trends and Issues, Distance Learning Resource Network (October 2001), pp. 29-37.
Virtual Schools: Trends and Issues, by Tom Clark, commis- sioned by Distance Learning Resource Network.
Virtual Schools, 5.
Virtual Schools, 8.
Futures International High School, <http:// www.internationalhigh.org/>.
Virtual Schools, 6.
Independent Learning High School, <http:// ouilhs.ou.edu/>.
Many course management products are reviewed at Edutools, <http://www.edutools.info/course/ productinfo/index.jsp>.
Virtual Schools, 8.
Plato Learning, Can the Web-Based eLearning Marketplace Deliver on Its Promises to Education? Testimonial to the Congressional Web-Based Education Commission. August 2002.)
21. RCW 28A.150.200(1)(b), RCW 28A.150.200(3).
22. WAC 180-51-050.
23. WAC 180-50-310.
24. 17 U.S.C. –110(1).
25. 17 U.S.C. –110(2).
26. 17 U.S.C. –107.
Copyright Office, Report on Copyright and Digital Distance Education, (1999), 148-152.
Web-Based Education Commission, The Power of the Internet for Learning, (Washington, DC: 2000), 76.
Tom Clark, Virtual High Schools: State of the States, (Springfield, Illinois: 2000), 5.
Anthony Trotter, Education Week, Pennsylvania Report
Examines the State’s Online Charter Schools. (November 7, 2001).
U.S. Department of Education, National Center for Education Statistics, Fast Response Survey System, Public School Teachers Use of Computers and the Internet. FRSS 70, 1999.
32. WAC 180-50-310
33. WAC 392-121-182.
OSPI, Washington K-12 Building Technology Inventory Results, <http://www.k12.wa.us/edtech/survey.asp>, 9 October 2002.
OSPI, 2001 K-12 Online Curriculum Courses Survey Results, <http://www.k12.wa.us/edtech/ surveyresults.asp>, 3 October 2002.
OSPI, Washington State Educational Technology Plan: A Blueprint for Washington’s K-12 Common Schools and Learning Communities, (Olympia, WA: September 2002) p. E-14.
Washington State Educational Technology Plan, p. 73.
Reid Riedlinger, Superintendent of Wellpinit School District, conversation with Karen Helland, Research Analyst, 29 October 2002.
Joni Scott, Curriculum Coordinator for Wellpinit School District, conversation with Karen Helland, Research Analyst, 17 October 2002.
Jan Bleek, Principal of Internet Academy, email to Karen Helland, Research Analyst, 30 October 2002.
<http://www.iacademy.org/offices/cfoffice/index.html>. 44. WAC 392-121-182
45. Bill Hainer, Director of Sky Valley Education Center, telephone conversation with Karen Helland, Research Analyst, 21 October 2002.
46. WAC 392-137-130.
National Education Association, A Survey of Distance and Traditional Learning Higher Education Members, (Washington, DC: June 2000), 26.
Web-Based Education Commission, The Power of the Internet for Learning, (Washington DC, December 2000), p. 41.
OSPI, Washington State Educational Technology Plan, (Olympia, Washington: September 2002), 65-67.
“Anyone who opposes annual testing is an apologist for a broken system of education that dismisses certain children and classes of children as unteachable,” said Rodney Paige, secretary of education. That may be, but what kind of test should we use to evaluate how well children are doing academically over time? The firestorm over assessments gets hotter as more fuel is added by frustrated teachers and scared parents.
While efforts to assess student learning have always been plagued with difficulties, comparing student learning between classrooms, schools, or districts has proven nearly impossible. The norm-referenced tests that have been the common standardized measure for decades measures students in relation to their peers. By definition, half of the students will come up as “below average” on these tests, making raising student test scores on any large scale a futile endeavor.
This is not to say that norm-referenced tests are valueless—just that they have focused and limited value. Further, if the only performance standard is the “aver- age,” there is no objective way of knowing whether that average reflects what and how much students should actually be learning.
In response to this, high stakes “criterion-referenced” assessments were created, such as the Washington As- sessment of Student Learning (WASL). However, this raises another conundrum. Assuming that a valid and reliable high stakes assessment can be created—and this is not a safe assumption—if standards are set high, the vast majority of students may fail them, thus creating tremendous political pressure to either scrap the stan- dards altogether or lower them to currently attainable levels.
Into this conflict comes another option for com- paring achievement levels: value-added assessment. In-
Insteadofcomparing studentstoeachother ortoanestablished levelofproficiency, value-added assessmentcompares studentsto themselves,to determineiftheyare advancing academically.
stead of comparing a student with others as norm-referenced tests do, or solely against an established standard, value-added as- sessment compares a stu- dent with herself. The measurement is how far the student has progressed in one year compared to where she started.
Furthermore, by statis- tical analysis of data from groups of students, conclu- sions can be drawn about the impact of a particular teacher, school, or district on student learning.
What is value added assessment?
Value-added assessment is not a new or different type of test. Rather, it is a model used to statistically analyze test data to determine the influence of teachers, schools, and school districts on student learning. Instead of comparing students to each other or to an established level of proficiency, value-added assessment compares students to themselves, to determine if they are advanc- ing academically, and, if so, at what pace.
The value-added assessment statistical model uses test scores accumulated year to year from each student
to track change in achievement. This allows creation of academic “growth charts” for each student’s progress, measuring the “value added” to the knowledge the stu- dent already had. Like a physical growth chart, the curve is rarely even—the record will show flat spots or spurts of accelerated learning. By calculating statistically sig- nificant variances in a group of students’ test scores, de- termination can be made as to how well a particular teacher, school, or district is educating a particular stu- dent.
The most prominent value-added assessment model was developed by Dr. William Sanders, a former statis- tics professor at the University of Tennessee. His method, called the Tennessee Value-Added Assessment System (TVAAS), uses mixed-model methodology, a type of sta- tistical analysis developed originally for use in agricul- ture.
Essentially, value-added assessment is like a pre-and- post-test given to students to determine what they have learned during a particular course of study. Unlike those tests, however, value-added assessment seeks results that can be compared across classrooms and years. Thus, the value-added model must be overlaid on tests that have the following characteristics:1
The tests must be highly correlated with curricular objectives
The tests must have sufficient stretch to measure the progress of both previously low and high scoring students
The tests must demonstrate appropriate reliability
Many schools use value-added assessment with the readily available standardized achievement test results. These are norm-referenced tests, comparing one student with the average performance of all students. But a suf- ficiently reliable and consistent criterion-referenced test could be used instead, comparing students with an es- tablished standard of achievement. Naturally, the better the test at measuring student achievement, and the closer it correlates to established learning goals, the more valu- able the results of the analysis will be.
Because students’ scores are compared with their own prior test scores, external factors such as socioeco- nomic status are blocked out. Gathering the data over several years accommodates for statistical variations, while the TVAAS model is constructed in a way to al- low for variables such as missed tests, transferred stu- dents, skipped grades, and other complications.2
Advantages to value-added assessment
Because value-added assessment focuses on students’ rate of advancement, it provides a means of objective feedback on how well a particular teacher, school, or district is doing. This is an unprecedented development in assessment. The resulting feedback allows identifica- tion of high achieving teachers, schools, or districts to more closely analyze the reasons for success. It identi- fies underachieving teachers, schools and districts as well, making it possible to hold them accountable for ensur- ing student progress, without faulting them for circum- stances beyond their control.
Value-added assessment opens up the possibility of tying teacher and school funding to performance. It makes it possible for high-performing schools and teach- ers to be identified and emulated and for low-perform- ing schools and teachers to be targeted for help. Professor Sanders has also suggested that this information may be used to protect students from being assigned to ineffec- tive teachers two years in a row.3
The TVAAS system is particularly valuable because it allows for use of incomplete data. Thus, even though a student may have missed the test one year, the rest of his data can be compiled, something not possible with simpler statistical models. This allows the maximum possible data to be used in the analysis.
There are many other possibilities for this data. Dr. John E. Stone, professor at the College of Education at East Tennessee State University, has proposed that value- added assessment and state standards could be combined, calculating for schools how quickly students would need to progress to meet established standards.4
Challenges to value-added assessment
Like any education measure, value-added assessment has had its fair share of criticism. Many of these criti- cisms either reflect misunderstanding of the process or a fundamental bias against any form of standardized test- ing.
Some claim that, since the model ignores socioeco- nomic differences between students, it does not fairly evaluate different results obtained by different teachers or schools. This criticism ignores reliable research dem- onstrating that socioeconomic differences by themselves
do not significantly limit students’ ability to progress, although they may influence achievement levels.
Critics also suggest that value-added assessment will result in “teaching to the
“Teachingtothetest” isonlyaproblemif thetestdoesnot measurethe academicstandards alreadyestablished.
test”—the same criticism lodged against every pro- posed results-oriented evaluation. “Teaching to the test” is only a problem if the test does not measure the academic standards al- ready established, and to which teachers should be teaching. The remedy, if this is a problem, is not to throw out evaluation, but
to better align the test with learning objectives.
Familiar concerns are raised regarding the inability of standardized tests to measure all aspects of student learning. That value-added assessment may exacerbate this problem troubles critics. It is true that many kinds of achievement cannot be measured objectively, but this should not invalidate measuring that which can be ob- jectively determined, nor should it diminish the wor- thiness of using value-added assessment as a tool to better “read” the progress of particular students.
Another concern is that value-added assessment may lead to a focus solely on whether students are progress- ing, without ensuring those students who start out fur- ther behind ever achieve necessary levels of proficiency. Again, this must be addressed by using other methods alongside value-added assessment. Standards can pro- vide minimums that students must achieve while value- added assessment can make sure students at all levels are being challenged. As noted above, the combination of using value-added assessment against predetermined academic standards can provide useful information to schools regarding their ability to meet expectations for student learning.
Findings
The key finding from value-added assessment may well be the objective confirmation that the single most important factor in how fast a child learns is not his or her past achievement, class size, socioeconomic status, or race, but the quality of the teacher in the classroom.5 Although a student’s life situation may statistically pre- dict an academic starting place, it rarely limits the aca-
demic ending place. The influence of a teacher dwarfs other factors in the learning equation.
A teacher’s influence, for good or ill, has significant residual impact—results that can be measured through value-added assessment. Students who had top teachers for three years in a row scored as many as 50 percentile points higher in math than students who had poor teach- ers three years in a row.6
Value-added data has also been used to analyze how well students at different achievement levels are learn- ing. The rates of academic gain of students at different ability levels can be compared to see whether any group is learning more slowly than others. The most common pattern in this case is that rates of academic gain decline with higher achieving students, indicating a lack of chal- lenging coursework.
In part, the lower gains among higher achieving stu- dents may be due to a teacher’s natural tendency to help students who need it most. However, the best teachers– those whose students showed the highest gains–also proved the most capable of reaching all levels of stu- dents.7
Manyinner-city schoolswithlow aggregatetestscores wereactuallydoingan outstandingjobof improvingstudent learning.
Uses made
The most widespread and prominent use of value-added assessment has been in the state of Tennessee, where the Sanders model of analysis was mandated by the Edu- cation Improvement Act of 1992. Reports from TVAAS have been issued since 1994. School district and school reports are
made available to the general public. Teacher reports are made available only to teachers and their administrator. Initially reports were only collected for grades 2-8 using value-added assessment with norm-referenced data. As appropriate tests are developed for the high school level, the scope of the analysis is being expanded.
Tennessee school districts report that the data ob- tained through value-added assessment has given them objective verification of what some educators instinc- tively knew: Many inner-city schools with low aggregate test scores were actually doing an outstanding job of im- proving student learning. Teachers whose students did
best were described as hard workers, able to keep them- selves and students on task; individuals who arrived early and stayed late; who demonstrated a good sense of hu- mor—a good description of an excellent teacher.8 This comparison of objective analysis gained through value- added assessment with more subjective, but valuable human experience and intuition provides a reliable con- text for expectations and accountability.
Not all Tennessee teachers have been enthusiastic about the system. Some ignore the data, while others have found it useful for improving instruction. Marsha Denton, a middle school social studies teacher, discov- ered that her seventh grade students were learning well, but her eighth grade students weren’t showing as much progress. The feedback provided by value-added assess- ment allowed her to evaluate her teaching methods and modify her teaching style for the older students. Her eighth-graders’ scores later went up.9
Colorado’s Pueblo School District 60 has made use of value-added assessment for five years. They have used a norm-referenced test, but are in the process of incor- porating data from the Colorado criterion-referenced assessment. According to John Brainard, Director of Assessment, the district has appreciated the ability to identify and follow best practices. He notes that the data pave the way for better communication between schools about student achievement. Educating principals and parents to understand what the data means has been crucial.10
While Tennessee is the only state to date to make broad use of value-added assessment, the statistical model has been used by more than 80 school districts around the nation. The Seattle School District has recently be- gun using the data received from value-added assess- ment to analyze school performance. Other districts, such as the Dallas Independent School District, have tried to achieve a similar effect using a simpler statistical analysis.
Conclusion
Value-added assessment not only supports the op- erational understanding that all students can learn, it also provides a means to determine the pace at which students are learning.
While no one system of assessment will completely explain and evaluate all aspects of student learning, data obtained from value-added assessment can be a useful tool for teachers and administrators to improve student
learning. Education leaders in Washington state owe this assessment model a much closer look.
Recommendations
School districts should appoint a committee to review value-added assessment. The review should include evaluation of the model from those who use it and from those who have determined it to be invalid or unworkable. Final recommendations should be based on objective findings.
The legislature should commission a preliminary study on value added assessment. The A+ Com- mission or State Board of Education could be charged with reviewing the data, analyzing whether or not it can be used effectively in our state, and determining what adjustments would have to be made in our current assessment system to use it. A final report should be given to the 2003 legislature.
Endnotes
“Frequently Asked Questions,” SAS in Schools, <http:// www.sasinschool.com/evaas/resources/faq/ index.shtml>.
William L. Sanders, “Value-Added Assessment,” The
School Administrator Web Edition, December 1998.
William L. Sanders, and June C. Rivers, Cumulative and Residual Effects of Teachers on Future Academic Achievement, (University of Tennessee Value-Added Research and Assessment Center, 1996).
John E. Stone, “What is Value-Added Assessment and Why Do We Need It?” Policy Brief (The Foundation Endowment, 1999), 8.
S. Paul Wright, Sandra P. Horn, and William L. Sanders, “Teacher and Classroom Context Effects on Student Achievement: Implications for Teacher Evaluation,” Journal of Personnel Evaluation in Educa- tion, 11:63 (1997)
Sanders, “Value-Added Assessment.”
Sanders, “Value-Added Assessment.”
Samuel E. Bratton, Jr., “How We’re Using Value-Added Assessment,” The School Administrator Web Edition, December 1998.
David Hill, “He’s Got Your Number,” Education Week, May 2000.
John Brainard, Director of Assessment, telephone conversation with Karen Helland, EFF Research Analyst, 19 October 2001.
The cost of providing an education for our children continually increases, as does pressure to improve student achievement. As public education officials attempt to please constituents with improved student scores, school districts search for ways to get enhanced efficiency and quality within existing revenue. Some districts, especially in other states, are exploring privatization and/or contracting-out services, particularly those that provide non-educa- tional support.
In school year 1999-2000, public education in Washington state cost taxpayers $7,947,426,562, or $8,266 per student. Of that amount, instructional program costs were $4,565 per student (or 69.4 percent), leaving $3,701 per student for support and other services.1
Since the public school system’s primary purpose is to provide a quality education for students, the ques- tion arises as to whether or not the ancillary services
Couldprivatizing someofthese servicesresultin moremoneybeing dedicateddirectlyto theeducationofour children?
required to bring instruc- tion to the classroom can be more efficiently and economically provided an- other way. Could privatiz- ing some of these services result in more money be- ing dedicated directly to the education of our chil- dren?
Balancing the school budget can be an ominous task, and the industrious, intelligent administrator
must look at all areas to find efficiencies. Previous re- search, such as that provided by the Reason Public Policy Institute and the Mackinac Center for Public Policy, con- clude that efficiencies and quality can be gained through contractual arrangements with private providers.
Reason Foundation lists seven reasons privatization may be advantageous. It can
save money
increase flexibility
improve service quality
increase efficiency and innovation
allow policymakers to steer rather than row
streamline bureaucracy
improve maintenance
Obviously, every situation is different and must be carefully analyzed, but some contracting-out/ privatization opportunities to consider include account- ing, janitorial services, building maintenance and man- agement, computer systems design and maintenance, data processing, printing, transportation, at-risk educa- tion and food services.
The largest obstacle to contracting-out or privatiz- ing services in our public education system seems to be the usually unspoken sentiment that, in addition to ac- complishing the weighty task of educating our young, our K-12 system must also create many jobs for adults within its own closed system. This dual expectation sets up an obvious conflict for the best use of limited funds. For the purposes of this document, “privatization” refers to transferring to a private source the task of pro- viding a service that could be, or is normally, provided by district employees. “Contracting-out” means district
employees compete with the private sector to provide contracted services or goods.
Included are examples of successful and unsuccess- ful privatization and contracting-out efforts of other dis- tricts around the country. It is hoped that examination of these other districts will reveal best practices that might be implemented here in Washington state.
Overview of privatization and contracting-out in Washington
Responses to a recent survey by Evergreen Freedom Foundation of Washington state school districts (see survey at end of chapter)2 reveal districts hold diverse approaches as to what services can/should be contracted- out or privatized and how the process should be imple- mented. While some districts choose to provide most services directly from in-house resources, others, espe- cially small districts, find it necessary to look outside their walls for provision.
Sometimes a district may look to its Educational Service District (ESD) or to another school district for a service it cannot directly provide. The ESD or neigh- boring school district may be able to provide services from its in-house resources, or it may contract-out.
The contracting survey sent to Washington state school districts did not include services provided by an ESD or OSPI (Office of Superintendent of Public In- struction) since these services are still provided from within the public school system. Excluding ESD- and OSPI-provided services, however, does not take into account the possibility that an ESD or OSPI may use a private contractor to provide resources to the school district. The survey instrument used to procure infor- mation for this study was not designed in a way to di- rectly identify these indirect privatization efforts.
That said, information provided to us by school districts and the OSPI indicate that both entities con- tract-out for some services, making privatization a prac- tice at all levels of our state’s educational system.
Most districts contract-out when special skills are required, such as providing legal services or therapy for special education students. North Thurston School Dis- trict Chief Financial Officer Shawn Lewis expressed it this way: “We generally utilize these contracts when: (a) jobs require specialized skills where it would be too costly to train our current staff to perform the service, or (b) peaks in workload would otherwise require us to incur overtime or to purchase additional equipment to per-
form the service.” Implicit in this statement is the pre- vailing thought that most districts would rather have services covered by their own staff than to contract-out for services. Only the largest districts, however, can jus- tify having such specialized individuals on staff.
A few school districts choose to contract-out or privatize larger delivery items, such as food services, stu- dent transportation, or school maintenance. Informa- tion obtained from OSPI indicates that only 46 of the state’s 296 school districts (15.5 percent) contract-out all or part of their food services. Fifteen school districts in Washington state (5 percent) contract-out for stu- dent transportation, in contrast to the national percent- age of 30 to 40 percent of school districts.
Of school districts responding to EFF’s privatization survey, 74.5 percent contract-out for at least one non- instructional service (not including a few districts that rely on their ESDs for provision of at least one service). Many smaller districts indicated they have joined with other school districts and public entities in local coop- eratives to provide services that the district would oth- erwise be unable to manage.
Examples from around the country
School districts from around the country have turned to private companies for many goods and ser- vices in hopes of saving money and improving quality. Money saved by privatization may then be spent on class- room instruction. In 1994, a Reason Foundation study noted that more than10 percent of school districts con- tracted with private companies for custodial services, and more than 20 percent contracted for food services and pupil transportation.3 Privatizing pupil transporta- tion has increased by an additional10 to 20 percent over the last seven years.
Examples of privatization from school districts in other areas of the country show the potential benefits to our state school system if privatization and contracting- out are seriously implemented.
Tennessee
Memphis City Schools (MCS) first contracted for regular bus service in 1972. Parents and other members of the public were concerned about quality of service. Drivers worried about maintaining their jobs. Concerns quickly subsided when it became evident that service was not degraded and most drivers retained their jobs. The district uses periodic surveys to measure the level of service provided by the contractor, but because sur-
veys are not used prior to contracting-out the service, there is no baseline from which to measure overall im- provement.4
After 30 years of privatized regular bus service and the recent addition of transportation for special educa- tion students, MCS, parents, the public, and bus driv- ers are satisfied with the privatized service.
MCS contracts-out about 80 percent of its school security (including guard service for special events, af- ter-hours building security and routine patrols) through a competitive bidding process. For other security ser- vices, the district finds it can achieve greater quality and cost reduction by hand selecting in-house guards. Us- ing this mix, MCS meets its security needs while ob- taining greater efficiency.
MCS also contracts-out management of mainte- nance and custodial services. When the current contrac- tor won the bid in 1993, no employee lost his/her job. The principal aims of the contract are better utilization of the district’s limited resources, improved productiv- ity and morale, and superior training for employees. Progress toward achieving these goals is measured through surveys completed by school principals.
MCS realized cash savings from the maintenance management contract during its first year and made that savings part of its baseline for subsequent budgets, add- ing in an annual cost-of-living adjustment. Money saved in these contracting-out services is spent on building repair and maintenance.
Quality is an enormous part of the decision regard- ing whether to contract-
Concernsquickly subsidedwhenit becameevidentthat servicewasnot degradedandmost driversretainedtheir jobs.
out for goods and services. MCS operates on the prin- ciple that quality includes responsiveness by the con- tractor to the needs and desires of the customer. When a contractor per- ceives he or she has a mo- nopoly on providing the service, the level of quality may decrease. MCS seeks to preserve cost savings and quality by soliciting
active competition and including strong language in its contracts.
Michigan
Privatization continues to change the face of educa- tion in Michigan schools. More than 170 charter schools operate throughout the state, thus increasing the com-
“Theimportantthing isensuringthatevery possibledollargoes intoclassrooms... notintoensuringthat theschooldistrict remainsthejobs machineoffirst resort.”
—Detroit Free Press
petition to attract and re- tain students. Schools are scrambling to make bud- gets efficient so that a greater portion of their budgets will be available for classroom instruction. Districts throughout the state have contracted-out or privatized food ser- vices, transportation, building and grounds maintenance, information technology, and many ad- ministrative services.
Inkster school district has actually contracted- out management of all its
schools to a private education management firm. De- troit Public Schools District, the tenth-largest school district in the United States and dubbed an “unwieldy monster” by the Detroit Free Press, has recently taken measures to streamline operations. It began by privatiz- ing information technology at an expected savings of
$10 million over the five-year term of the contract.5 Mt. Pleasant Schools privatized its food service man-
agement and saved the district $113,000, during the first year of the contract.6
But privatization and contracting out is not always a bed of roses in Michigan. An article by the Mackinac Center for Public Policy pointed out that “privatization is just like anything else: it doesn’t work well unless it is handled correctly.”7 The administrator must hold the contractor accountable to perform agreed-upon terms during the life of the contract. Without this account- ability, profit-driven contractors might be tempted to cut corners, providing the district with an unsafe ser- vice. For example, a recent Detroit Free Press survey re- vealed school buses owned by private companies in selected Michigan counties have passed the state safety inspection less often than those of the public-sector school buses in the same area.8
In many instances, privatization and contracting- out services has had good success in bringing efficien- cies to public education. But it has not been without a
struggle. In Arvon Township, Michigan, the school board unanimously favored a contracting-out plan touted to save the district 30 percent on the cost of some non- instructional services. However, the union put up so much opposition publicly and personally against the effort that one board member called a special meeting to rescind his yes vote following a series of threats against his person and business.9
Another clash between school administrators and union workers occurred in June of this year when150 Detroit public school workers and their supporters mourned over the potential loss of their jobs through privatization. A union representative claimed that 3,000 jobs could be lost due to the privatization effort, a num- ber proponents said was grossly exaggerated. A Detroit Free Press editorial on the matter stated, “Privatizing school support services is not an answer unto itself, but the district owes it to taxpayers and students to seek the most efficient blend of inside and outside operations. The important thing is ensuring that every possible dollar goes into classrooms and other activities that benefit chil- dren, not into ensuring that the school district remains the jobs machine of first resort.”10
Illinois
In 1999, the Illinois Association of School Business Officials, the Illinois Institute for Rural Affairs, and the Illinois Center for Competitive Government conducted a “comprehensive survey of contracting support services in nearly 500 Illinois school districts.” Reason Public Policy Institute (RPPI) included some of the key find- ings in Privatization 2001, its fifteenth annual report on privatization. Key findings cited by RPPI were:
Certain services can only be provided by contracting
Roughly 25 percent of school districts plan to increase privatization
Contracting impacts few employees; and
Rural districts have more difficulty attracting service providers11
Maryland
In 1992, Baltimore contracted with a school man- agement firm based in Minnesota to operate nine in- ner-city schools for five years. Education Alternatives, Inc. (EAI) promised to raise standard test scores as part of their contractual obligation. Critics were quick to point out that this goal was not achieved in the first two years. EAI did, however, significantly lower the number of students eligible for “learning disabled” classification,
thus including a new student population in the stan- dard testing pool—a group not included in the two pre- vious years. Further, even with these former “learning disabled” students included in the testing, the schools operated by EAI actually showed a greater increase in test scores than other schools in Baltimore.12
The city canceled EAI’s contract on November 20, 1995 and the press coverage pronounced doom for EAI and private management of public schools. What went mostly undiscussed in the press reports is that EAI had rejected an ultimatum issued to them by city officials that the company accept $7 million less a year, or 16 percent of its $44 million-a-year contract, to help Balti- more close a deficit in its municipal budget.13
Rhode Island
In 1995, school districts in Rhode Island began re- placing their self-operated food services plans with con- tracts with food service management companies. Initially, the state traded an $11 million annual food program appropriation for a less than $200,000 program.14 Not only did the change save state dollars, but students tired of “macaroni surprise” and “hash-on-a-bun” type offer- ings began buying food . . . and eating it. Today 29 of Rhode Island’s 36 school districts contract with food service management companies.15
Washington state school districts
Transportation
The average cost per pupil for student transporta- tion in Washington for the1999-2000 school year was
$262.63. The range goes from a low of $62.32 per stu- dent at Kalama School District to a high of $5,651.52 per student at Star, the smallest school district in the state.16 For the 15 school districts that have partially or completely privatized student transportation, the price ranged from $184 to $574 per student for an average cost of $356 per student.16 See Table PC-1.
On its face, some of the districts that contract-out student transportation appear to be paying higher costs because the totals exceed state averages. In reality, these 15 districts are saving money through privatizing stu- dent transportation because of unique circumstances faced by each. For example, because of Star’s small and rural nature, the district probably would not realize sub- stantial savings if it chose to privatize its student trans- portation. Because Kalama School District’s students are geographically compact, it already experiences low costs which would probably increase if the district were to
privatize transportation. But if experiences in other states are an indication, other districts might well enjoy sav- ings over their current transportation costs through privatization.
Nine Mile Falls School District
Nine Mile Falls School District began contracting- out student transportation prior to 1980. While they have no prior data from which to compare before and after costs, a conversation with the district’s Director of Business, Floyd Smith, revealed the key elements that clinched their decision about student transportation sys- tems:
School district transportation funding is provided by
the state based upon the straight-line distance from the school to the student pickup point. A river runs through it—the Nine Mile Falls School District, that is, limiting access from side to side and increasing actual transportation mileage. The cost per student for transportation is driven up, forcing the under-funded district to subsidize its straight-line state funding by $140,000.
Due to the high cost of buying new buses, districts ex- perience tremendous maintenance costs for school buses com- pared to that of a private contractor. Due to its geography, the Nine Mile Falls District is already cash strapped for transportation funding and has no money to put into a sinking fund for bus replacement and repair. Nine Mile Falls School District’s transportation contract provides that the district will
Pupil Transportation District Cost Per Pupil | |
Adna | $373 |
Battle Ground | $340 |
Colville | $326 |
Everett | $237 |
Hockinson | $388 |
Newport | $545 |
Nine Mile Falls | $317 |
Riverside | $574 |
Rochester | $491 |
Seattle | $544 |
Spokane | $184 |
Steilacoom | $368 |
Tacoma | $292 |
Tenino | $442 |
Vashon Island | $328 |
Average | $356 |
get new buses every five years, giving the district safer, more reliable equipment.
Privatized trans-
portation removes school district concerns about transportation personnel issues. From a management per- spective, officials at Nine Mile Falls School District are no longer responsible for transportation personnel issues. The contractor provides staff training and ad- dresses personnel
Table PC-1: Source: Superintendent of
Public Instruction
grievances for transportation staff, freeing school dis- trict officials to address other school district issues.
Floyd Smith explained, however, that once a dis- trict privatizes student transportation, it virtually locks itself in to continually contracting-out the service. If a district wants to return from privatized transportation to providing the service in-house, the cost of acquiring new buses would make it all but impossible. This de- pendence makes it imperative that competition to pro- vide the service be available, otherwise the district is placed in the tenuous position of bowing to the demands of a monopoly.
Lake Washington School District
When Lake Washington High School changed its daily start time, school officials needed more buses to transport students. Normally, the district’s buses pro- vided service to high school students first, followed by junior high and then elementary students. The change in start time for the high school conflicted with trans- portation for junior high students. The district began purchasing passes for eligible Lake Washington High School students to ride to school on King County Tran- sit. This allowed the district to avoid incurring the cost of adding buses and staff to its operation. It also keeps its transportation cost per pupil to just 92 cents over the state average.
Food Services
In school year 1999-2000, Washington state school districts spent an average $222 per pupil to provide food services. Small school districts often lack buying power and are presented with the unique problem of being unable to provide food service on a cost-effective basis.
White Pass School District
White Pass School District could not afford to pro- vide food service prior to contracting with a private com- pany. School district employee Tina Barnes says the district provided food service to all 813 students in its four schools for a per pupil cost of $310.93 during the 1998-99 school year.
Coupeville School District
Like White Pass, Coupeville School District’s food service program had been out of operation for 15 years prior to contracting-out the service. The district now provides food service to its students, through its con- tractor, at a cost of $208.80 per pupil.
Lake Washington School District
Lake Washington School District has been contract- ing-out its food service for several decades. The district is currently paying an average of $184.79 per pupil for food service.
Toledo School District
When Toledo School District privatized its food service program in 1998, it faced normal employee fears regarding job security. These fears subsided when all district employees were retained. This is not an excep- tion to the rule; in many cases a school district contract to privatize food services contains a stipulation that all existing employees be retained with no erosion of salary or benefits. Comparing year-end reports from the 1997- 98 school year to those of the 1999-2000 school year demonstrates Toledo School District saved about $6,000. Many school districts contract out only for the management of their food services programs. Food preparers and servers remain school district employees and the contracting company provides both training to workers and the purchasing power of a large company. Savings in food service costs are passed on to the school district, leaving it with a better-trained workforce, in- creased food quality with greater selection, and more
money to dedicate to instruction-related programs.
When a district first contracts-out food service man- agement, it may experience an implementation gap. Extra time may be required for the district and the man- agement service to work out the most efficient way of working together.
When Bridgeport School District contracted-out for the management of its food service program, it initially experienced this implementation gap, but after the first year, the district realized an increase in food quality and a savings of more than $4,000 over the previous year’s costs.
Energy consumption
Bellingham School District has found it can save money by contracting out energy consumption moni- toring. The district noted on its contracting survey that “the energy consumption monitoring has validated sav- ings realized from capital improvement and has identi- fied problem areas where savings were not realized.” It has reduced its energy consumption bills by $146,000 annually. Considering the rapidly increasing energy rates over the last year, this is remarkable and worth modeling.
Contracting model
Privatizing and contracting-out services can be eco- nomically advantageous, but simply finding a contrac- tor, signing a contract, and going on with business does not guarantee success. Unprepared school districts have experienced the pitfalls that privatization and contract- ing-out potentially hold.
To help school districts avoid these traps, the Rea- son Foundation hosted a Making Schools Work confer- ence on implementing competitive contracting for school services. In a presentation on assessing the feasi- bility of privatizing or contracting-out a service, Gail Ostler, a certified public accountant with many years of financial management experience, noted, “if you really do the up-front planning, the rest of the RFP [request for proposal] kind of falls into place, and it really pro- vides you a good foundation for making decisions... .
The lesson that I’ve learned over the years is that the better prepared you are, the more homework you do up front, the better chance you have that your venture will be a success.”18 She provided seven questions planners should answer to ensure a sound basis upon which to make a decision whether to privatize a school service:
Why is a function or activity being consid- ered?
What specifically are the measurable goals and objectives to be achieved through con- tracting?
Is there competition in the market or are there a limited number that can provide this service?
What are the costs of performing the function internally, both one time and operating, associated with contracting?
Are there any laws or labor agreements that limit or prohibit the authority to contract for this function?
If contracting is to be pursued, what are the specific actions that need to be taken, and by when do they need to be accomplished to assure a successful transition?
What support can I realistically expect from the school board and from the community?
Union officials adamantly oppose any form of privatization or contracting-out, even though few, if any, jobs are lost in privatization efforts. (Employees may retain their jobs, but through a non-union company.) No job loss or pay reductions were noted in the Wash-
ington state school district contracting survey. When districts write the RFP for a complete service contract, they usually include the
Competitionis necessaryinorderto successfullyprivatize aservice.
stipulation that all existing employees must be pro- tected. (Prospective con- tractors should review a copy of the bargaining con- tract the district has negoti- ated with the union.)
One might ask how contracting-out saves the
district money when all employees are retained at their current pay either by the district or by the incoming contractor? Often, current employees know best how to do the job and just need to be free from excess manage- ment and unnecessarily restrictive practices. Savings may be found in other benefits the contractor brings, such as increased purchasing power and quality staff training. The resulting team of better-trained employees reduces the need to hire outside expertise to handle difficult prob- lems and creates increased efficiency in day-to-day work. Also, the private contractor need not maintain long- range, artificial hiring quotas (number of employees).
As already stated, competition is necessary in order to successfully privatize a service. In the event a service provider becomes the only resource available, the effi- ciencies of a “well-oiled machine” tend to erode, mak- ing the district pay more for the service. Before contracting out for a service, the district should ensure adequate competition exists in the private sector to pro- vide the service.
Important Considerations
Each opportunity will present a different set of cir- cumstances that must be considered individually. Key questions to ask are:
Is this a task or program suitable for a long- term contract or does it need to be kept on a short leash?
Can objective performance measures be determined?
If the contract needs to be monitored, will contracting-out the service allow this to occur? If so, how?
Can more than one firm provide the service to ensure competition and to guarantee an option should the first firm have trouble completing the contract?
Conclusion
All research undertaken for this study indicates that savings are available for school districts that choose to privatize or contract-out for certain services. Privatization and contracting-out often bring savings, higher quality service, and greater efficiencies to the daily tasks associ- ated with educating children in Washington public schools. While several school districts have adopted this avenue for providing service, many have not.
A non-competitive environment, no matter what the cause, breeds complacency and inefficiency. Privatization and contracting-out can and should result in increased efficiency and improved quality as long as competition prevails. District officials, local school board members and state legislators must do their part in mak- ing our schools a fruitful experience for our children— an experience that prepares them in the best possible way for the challenges that face them in the workplace and in our communities.
Recommendations
Legislators must change laws (especially the Spokane Community College law)18 to allow districts to privatize or contract-out whenever it is beneficial to the goal of providing an excellent education for students. School officials need not “make” all the products; they can “buy” them.
School administrators should build bridges with public employee unions by developing an incen- tive program for areas that may be privatized or contracted-out. Some contracts can stipulate that private firms, if selected, must give current employees first consideration. In other cases, this provision would be counterproductive.
Publicize successes and failures so other districts can benefit from the experience gained.
Develop a complete financial analysis of each proposal. Assess all direct and indirect costs.
Appoint a Competetive Contracting Committee (district-driven) to look for contracting-out and privatization opportunities in each district.
Endnotes
Office of Superintendent of Public Instruction (OSPI), School District Financial Reporting Summary 1998- 1999, Table 9 and School District Financial Reporting Summary 1999-2000, Tables 9 and 11.
All 296 school districts received a request for informa- tion. Evergreen Freedom Foundation received only 132 responses for a 45% response rate.
Janet Beales, Doing More with Less: Competitive
Contracting for School-Support Services, (Reason Foundation, 1994)
Mike Frey, Memphis City Schools Service Master, conversations with Don Brewer, Jr., EFF research analyst.
Elizabeth Moser, “Computing the Savings: Detroit Schools Privatize Information Technology,” Michigan Privatization Report, Spring 2001, 5.
Michael LaFaive, “Mt. Pleasant Schools Taste Success with Cafeteria Privatization,” Michigan Privatization Report, Summer 2001, 11.
Michael LaFaive, “Faulty School Bus Privatization Can Take Districts for a Ride,” Michigan Privatization Report, Spring 2001, 7.
Ibid.
Matthew J. Brouillette, Executive Editor, “School board president recounts struggle to increase classroom spending: Privatization of non-educational services derailed,” Michigan Education Report, Spring 2001.
Opinion Editorial, “School Jobs: Students forgotten in political posturing,” Detroit Free Press, 15 June 2001.
“Public-sector Trends,” Privatization 2001, (Reason Public Policy Institute), 7.
Lawrence W. Reed, “Ideas and Consequences: Mixing Public and Private,” The Freeman, July 1996.
Ibid.
S. Glass, “Happy Meals,” Policy Review, Summer 1995, No. 73, 84-85.
Email from E. Richard Morrell, Rhode Island Depart- ment of Elementary and Secondary Education, 2 October 2001.
School Financing and Apportionment Services, “Wash- ington State School Districts Per Pupil General Fund Expenditures by Program Group - Fiscal Year 1999- 2000,” School District Financial Reporting Summary, (OSPI, 2001).
All Washington school district data is from district responses to the privatization survey conducted by the Evergreen Freedom Foundation.
Presentation by Gail Ostler, “Using Contractors to Cook, Clean, and Drive the Bus,” (Reason Foundation’s Making Schools Work conference, Decem- ber 1996), <http://www.rppi.org/ps221.html>.
RCW 41.06.380 and 382 prohibits contracting out services if it would result in the elimination of current employee positions.
PC-8 • SCHOOL DIRECTOR’S HANDBOOK • EVERGREEN FREEDOM FOUNDATION
CONTRACTING SURVEY
Does your district contract out for any instructional or non-instructional services?
YES Instructional
NO Please go to question 4.
Non-Instructional
If you answered AYES@ above, please indicate below which services you contract out.
SERVICE | YEAR BEGAN | WITH WHOM |
Administrative Services |
|
|
Management |
|
|
All |
|
|
Other |
|
|
Legal Services |
|
|
Heating, Ventilation, Air Conditioning |
|
|
Vehicle Maintenance |
|
|
Printing |
|
|
Transportation |
|
|
Non-Special Ed Students |
|
|
Special Ed Students |
|
|
Computer/Technology Services |
|
|
Food Services |
|
|
Management Only |
|
|
Entire Program |
|
|
Grounds Maintenance |
|
|
Custodial Services |
|
|
Management Only |
|
|
Entire Program |
|
|
Other (please describe) |
|
|
What instructional services do you contract out?
Complete School Management Special Education |
|
|
All |
|
|
Parts (please describe) |
|
|
Reading services |
|
|
Math services |
|
|
Instructional services not already listed |
|
|
Electives (please describe) |
|
|
Other |
|
|
Do you plan to either begin or increase contracting in the future?
Begin Increase
Which areas are you considering contracting out and when?
If you have contracted out any services, please comment on some or all of the following questions.
Was the initial reception to contracting out favorable among affected personnel? If not, please describe employees= concerns.
Were affected personnel fearful of losing their jobs?
Were all affected personnel able to keep their jobs? If not, what percentage changed jobs?
Has contracting out services improved the quality of service? How do you measure quality?
Has contracting out saved the district/program money? If so, how much?
If transportation was contracted out, did the district maintain ownership of the buses or did the private company purchase them?
If the company purchased them, did the district realize cash for the transaction?
What problems, if any, have you encountered in any of the areas contracted out?
Other comments or additions:
PC-10 • SCHOOL DIRECTOR’S HANDBOOK • EVERGREEN FREEDOM FOUNDATION
TURNING THE FOCUS TO STUDENTS
What happens when one entity becomes the sole determiner of quality, distribution, price, and buyer options for an important commodity? What happens when this important commodity is public education and the controlling entity is a union?
In the great debate about how to reform education in Washington state, the overarching influence of the teacher union and the collective bargaining process has been conveniently ignored. Yet, collective bargaining affects every teacher, administrator, parent, student, legislator and taxpayer in our state.
The impact of collective bargaining extends from the obvious to the indirect, including issues such as:
teacher evaluation
class size
sick leave, work rules, promotion, retirement and grievance procedures
the number of hours and minutes worked
how many days children will be in the classroom
the make-up of local curriculum planning teams and site-based councils
the use of volunteers on school campuses
how much funding is available to hire teachers within the district
The majority of education dollars in the average school district in Washington state are spent to meet the demands of collectively bargained contracts. Large dis- tricts negotiate a dozen or more contracts with employee groups. What is in these contracts and do they facilitate or frustrate the ability to offer each student in our pub- lic school system the best possible educational opportu- nity? Do these contracts enhance or erode the professional preparation and satisfaction of teachers?
The collective bargaining process must change if it is to remain relevant for public education. And school
Alltoooften restrictiveterms preventtheright teacherwiththeright trainingfrombeingin theclassroomwhere heorsheismost needed.
board members must be- come as highly skilled in the key elements of nego- tiations as the union offi- cials they face across the bargaining table. When school board members are well informed and prop- erly prepared, collective bargaining has a better chance of being used as a tool to improve employee benefits and working con- ditions without sacrificing the educational progress of
students. To truly reform education, we must insist on a process that will
untie the hands of teachers, administrators, and school boards to allow the development of quality, innovative educational programs
re-establish the right of administrators and school boards to make critical policy decisions
restore district accountability and the trust of parents and taxpayers in local communities by providing excellent academic results and making better use of scarce resources
provide teachers with a less regulated work environment where innovation and excellence can be rewarded
The impact of collective bargaining
Collective bargaining is not just an abstract legal practice. It is a process that daily affects everyone with an interest in educating children. The emphasis of col- lective bargaining as a matter principally affecting the relationship between employees and employers obscures its critical, far-reaching influence on the entire educa- tion system. The terms of a collective bargaining agree- ment can even control the management of the school district. While collective bargaining can have a positive influence on the operation of the school district, all too often restrictive terms prevent the right teacher with the right training from being in the classroom where he or she is most needed.
The purpose of collective bargaining is generally per- ceived as a union negotiating with management for the best possible salary and benefits package for its member employees. However, attempts to protect employees of- ten impose significant limits on the decision-making ca- pability of management. The union may also decide it needs to create a hostile environment, since employees would have little need for a union if they believed they could sit across the table from management directly and hash out a contract fair to both sides.
Interest-based bargaining, a new strategy for ap- proaching education-related negotiations, has been praised by some for reducing tensions between the union and administration, and for fostering teacher profession- alism.1 The idea behind interest-based bargaining is for the parties to begin by identifying common interests, and then find a solution to implement those interests. But is it a collective bargaining panacea?
Whatever its advantages, interest-based bargaining is time consuming.2 It can involve extensive discussion on implementation of a decision that might otherwise be clearly spelled out in the contract or made by admin- istration as a matter of course. Administrators and school boards must carefully weigh the trade-off of friendlier negotiations against protracted interference with their decision-making authority. The bottom line in any school district decision should be educating students. Where creative, mutually agreeable solutions advance this goal, they are worth the effort. On the other hand, the goal must not become subservient to the process.
That said, interest-based bargaining is certainly worth investigating. Administrators and school board members may find it, or a derivation thereof, better meets their needs.
In the private sector, some people say the collective bargaining process can improve conditions for employ- ees without having a long-term impact on the end prod- uct. We will leave this argument to others, but in the public sector, collective bargaining has far broader ef- fects.
Impact on school boards
In the case of collective bargaining on behalf of teachers, the management whose discretion is being lim- ited is the elected school board. As a result, a private entity–a labor union–controls essential elements of pub- lic school policy, short-circuiting the intended demo- cratic control of public education through elected school board members.
The impact of collective bargaining on the au- tonomy of school boards goes beyond the obvious. Col- lective bargaining in education differs radically from all private-sector and virtually all other public-sector bar- gaining because of one vital fact: school boards are elected. In the private sector, management may refuse to yield to union demands it believes are unreasonable. In retaliation, the union membership may make the work environment strained, but it has no legal mechanism to threaten management with replacement. Most public sector unions also have limited ability to remove man- agement since they deal with layers of bureaucracy far removed from elected officials. In contrast, the same school board members who vote on the teacher con- tract could be removed at the next election.
The union’s support or opposition can make all the difference in the outcome of an election. A local union that gets involved in politics may be able to select new board members it finds sympathetic, or remind those who are elected of their potential fate should they dis- agree.
Where binding arbitration is selected as the method of resolving disputes during negotiation, even more se- rious infringement on school board autonomy results. Binding arbitration means that, when either party de- clares an “impasse” because they cannot agree on con- tract terms, a third party is brought in to establish the terms. This takes governance of school district policies and budgets away from the elected boards, and gives it to an unelected, unaccountable, and as far as the general public is concerned, an unknown arbitrator.
An impasse benefits the union since the final terms and conditions will never be less than management’s last, best offer.
Impact on administration
Although administrators do not face the same di- rect threat through elections that school board mem- bers face, they will find their ability to manage and direct the operation of the school largely determined by the terms of the collective bargaining agreement. The more aggressive local unions can use pressure tactics and nega- tive media coverage to render an administrator ineffec- tive—actions reinforced by the state union. During the 1999 negotiations over the Clover Park School District contract, the local union levied a “no confidence” vote against the district’s superintendent. The local union president expressed the union’s position: “He can change the way he does business, or he can leave.”3
Shortly after the district signed a contract that the union proudly touted as fulfilling most of its demands, the superintendent took a job elsewhere. Whatever the connection between the two events, the message the Washington Education Association (WEA) wanted to send to other uncooperative superintendents was clear. This is how it lined up the headlines on its website:
Clover Park schools chief loses vote of confidence 6/17/99 TNT;
Clover Park schools chief says he won’t buckle to union 8/4/99 TNT;
Clover Park employees win big with new contracts—WEA news release 9/1/99;
Clover Park schools chief leaving 10/29/99 TNT.4
Another union tactic that may be used when collec- tive bargaining goes sour is the threatened or actual fil- ing of unfair labor practice complaints against administrators who do not bow to the union’s will. For example, one district faced claims of discrimination when it decided to transfer a ninth grade math teacher from the high school to the middle school, along with the entire ninth grade. The teacher was a union negotia- tor and he filed a discrimination charge at a critical time: one week before the next school board election.5
Too much labor unrest, too many complaints, and eventually a school board looks for another administra- tor—or the board itself gets replaced.6 For administrators, the easy choice is to go along with the union, regardless of whether this requires compromising their obligation to uphold the best interests of children and the public.
Fomenting discontent
The entire collective bargaining structure would col- lapse if teachers believed they could be protected from
capricious or unjust administrative and legislative poli- cies. Teachers would have no reason to pay hundreds of dollars to the union–an average of $683 annually–if they believed they would be treated fairly. Therefore, it may be in the union’s interest to create antagonism (or fear) between teachers and administration. For example, many contract provisions, such as clauses requiring adminis- trative support for teacher’s discipline of students or pro- hibiting reprisals against teachers who file grievances, serve little legal purpose because the law already exten- sively covers these areas. Even though these clauses are legally unnecessary, union officials count on teachers’ ignorance of legal details, so that the union’s role as “pro- tector” of the employees is reinforced.7
Creating antagonism between teachers and admin- istrators may help the union, but it is certainly not in the best interests of teachers or school children. In many instances, instead of working together for education excellence, teachers, unions, and administrators become warring factions with students caught in the crossfire.
Impact on teachers
Teachers, the supposed beneficiaries of collective bargaining, also suffer negative consequences from a pro- cess that too often portrays teachers in an unprofessional light. A professional designation implies one who 1) has received the required special training for a complex field, and 2) accepts responsibility for success in the midst of responding to many factors beyond his or her control. In contrast, the industrial model of collective bar- gaining covers employment that primarily requires com-
“Welostourwaywhen webecamemore interestedinthe employmentofadults thanintheeducation ofchildren.”
—John Stanford, former Seattle Superin- tendent
petent adherence to standard procedures, such as assembling parts or driv- ing trucks. In such situa- tions, where the one-size-fits-all model of collective bargaining is more appropriate, ability to do a job is easily evalu- ated and established.
Teachers justly call themselves professionals. Teaching is not rote appli- cation of rules. Teaching, like law or engineering, requires both knowledge
of standard principles and an ability to perceive, in- novate, develop, and transmit knowledge to others.
The inflexible system created by collective bargaining limits teachers in their freedom to respond to a broad variety of circumstances, and diminishes their ability to gain individual recognition for a job well done.
Collective bargaining can also distract teachers from the very job they signed a contract to do. Union meet- ings, union issues, negotiations (sometimes strikes) and contract provisions that increase teacher involvement in personnel decisions and workplace concerns require ad- ditional, precious time. Teachers do have a vital interest in management and workplace decisions, and they should have meaningful input, but they are hired to teach, not administrate.
Furthermore, while union officials often point out the areas in which they do bring benefits to teachers, they are, naturally enough, less eager to fight for teach- ers in areas where solving problems might put them (the union) out of business. Union lobbyists, for example, do not argue for increased pay for exceptionally talented teachers, particularly for educators who achieve academic success with students under difficult or out-of-the-or- dinary conditions. This could potentially segment the membership—an unhealthy dilemma for a union that needs uniformity to flourish.
Another example is insurance. Although teachers and their families might benefit from more competitive health care plans, union officials often attempt to block this possibility, perhaps because of the hundreds of thou- sands of dollars in “administrative” fees they receive under the current arrangement.
The reason for the union’s selective silence is un- derstandable. For the union to remain a viable entity, its services must be viewed as indispensable by most teach- ers. Furthermore, the union must maintain public sym- pathy, which means there must be some evil remaining for it to fight. It is hard to be too enthusiastic about solving a problem whose solution would put you out of business.
The union does provide valuable resources for teach- ers in professional development, bargaining expertise, and legal protection. Teachers, however, need information to determine whether it costs them more than it is worth.
Impact on students and parents
In justifying the negative elements of collective bar- gaining, teachers’ unions claim that whatever is in the best interest of teachers also must be in the best interest of students. The truth is, the collective bargaining process itself often forces dismissal of the interests of students and
parents. It is the nature of the beast. Understandably, collective bargaining is employee-oriented. That is the purpose of having a union: to protect the best interests of its members, not the best interests of the district or the children. In a widget factory, this might not be so bad, but children are not widgets.
The late Al Shanker, former president of the Ameri- can Federation of Teachers, summed it up when he said, “I will begin to care about the quality of children’s edu- cation in this country when they start paying union dues.”8
Collective bargaining refocuses education policy from identifying, obtaining and administering the nec- essary ingredients for academic results for students to a process that too often pits teachers and administrators against each other. The consequences for children, their families and society in general are incalculable. As former Seattle Superintendent, John Stanford stated, “We lost our way when we became more interested in the em- ployment of adults than in the education of children.”9 Not only do students and parents have little con-
trol over the final product gained through collective bargaining, they have limited opportunity for meaning- ful input during the process, despite its immense effect on their lives. In one Washington high school, a revised school schedule operated successfully for three years, gaining support among students, parents, administra- tors, and a majority of teachers. Unfortunately, it vio- lated a contract provision governing allocation of preparation time for teachers. The schedule had to be discontinued because super-majority approval by the teachers was required to continue waiving the contract provision. This discontinuation of the revised schedule left students and parents frustrated about their lack of input in the process.10
Impact on lawmakers
Collective bargaining limits the ability of lawmak- ers to implement policy changes, even when the changes could be advantageous to student achievement and teacher satisfaction. Worse still, by attempting to fix what ails our public schools without creating conflicts with the union, well-meaning lawmakers have spent the last twenty years micromanaging the K–12 infrastructure. They have passed regulation upon regulation in hopes of reinvigorating our schools, only to frustrate them- selves and nearly everyone else in education.
The question crossing the lips of far too many law- makers when contemplating education policy is “What
does the union think?” not, “Is this good for students?” This is because the Washington Education Association is consistently one of the largest lobbying forces during each legislative session, and the union has repeatedly demonstrated its willingness to communicate through strikes and massive election activities aimed at seating or unseating particular
Strikes,aggressive unionlobbying andsophisticated electioneering encouragelawmakers topassbillsin responsetothecrisis ofthemoment.
lawmakers. Strikes, aggres- sive union lobbying and sophisticated electioneer- ing encourage lawmakers to pass bills in response to the crisis of the moment, rather than giving deliber- ate consideration to what is best for all parties in- volved.
Impact on taxpayers
Collective bargaining in public education affects taxpayers in two ways.
First, they must subsidize the process itself. In all dis- tricts that bargain collectively, this includes the cost for the administration’s time spent bargaining. In many dis- tricts, union negotiators are released from their teach- ing duties to bargain without loss of pay, so that both sides are subsidized by the taxpayer. Even more com- mon are provisions subsidizing teachers’ time spent on grievance proceedings or contract administration. Of- ten negotiation costs also include the services of profes- sional negotiators and lawyers. When labor disputes arise, taxpayers pick up the costs for the time spent in court.
In larger districts, the problem multiplies because of the increased number of unions. Many large districts have more than a dozen different unions with which they must negotiate. As more employee groups decide their concerns should be addressed individually, the ad- ministrators’ duties related to bargaining become more time-consuming, expensive and frustrating. Adding to the strain are the various employee groups in the same school who find themselves either at odds with one an- other over contract disputes, or in need of collaborating together to establish a “unified front.” Satisfying these competing interests is very costly for administrators (and school boards) who must constantly juggle and refocus funds, and it is costly for taxpayers who must foot the entire bill.
In addition to paying for the collective bargaining
process, taxpayers must pay for the benefits negotiated through collective bargaining. If a private-sector union bargains overly generous benefits for its members, the company will be forced to shut down or lay off employ- ees. Unlike the private sector that must accommodate market forces, school districts have no such moderating influence. This does not mean the financial well is bot- tomless. Taxpayers voting “no” on levy requests are the closest thing to an immediate and realistic market force in public education. But schools are obligated by law to keep operating, even if unreasonable contract demands force them to cut areas vital for students. And, unlike a private-sector customer, taxpayers must keep support- ing public schools even if they are frustrated with per- formance.
Frustrated taxpayers will often vote down school bonds and levies, but each district faced with a failed levy vote is still bound by collective bargaining contracts, requiring ever-deeper cuts in whatever areas do not place them in violation of their existing collectively bargained contracts. Only after collective bargaining obligations are fulfilled may districts evaluate how allocation of the remaining funds will provide the best educational op- portunities for students.
Conclusion
In a short period of time, collective bargaining has become an almost unquestioned part of the education process. But if public education is to have a healthy fu- ture, nothing should be left unexamined or taken for granted. The challenges collective bargaining creates for those involved in education require a serious evaluation of the entire bargaining process. Reevaluating the role
StateAffiliateA StateAffiliateB
UniServ
UniServ
UniServ
UniServ
Local Local Local Local Local Local Local Local
of collective bargaining will take time. Since collective bargaining will probably continue as a part of educa- tion in the near future, the remainder of this study ad- dresses what can be done in the interests of quality education within the existing system. But first, a little history.
The history of collective bargaining in Washington’s public schools
Before the advent of collective bargaining legisla- tion in the early 1960’s, employment protection was guaranteed to public school employees through state civil service laws. The first one hundred years of public edu- cation provided for the employment needs of teachers and the educational needs of students without a collec- tive representative body for either. Civil servants, par- ticularly principals, superintendents, and other administrators, began forming “professional associa- tions” in the mid-1800s.
Union organization at the national level
The National Education Association (NEA) was founded in 1857 as a professional association for ad- ministrators.11 Although the NEA membership later in- cluded mostly teachers, the influence of the administrators initially led the NEA to oppose collec- tive bargaining.
In contrast, the American Federation of Teachers (AFT) supported collective bargaining, modeling itself on unions in the industrial sector. An affiliate, the United Federation of Teachers (UFT), led the way in collective bargaining when, in 1961, it was granted the authority to collectively bargain for New York City teachers. Col- lective bargaining gained momentum in the early sixties as several states granted authorization for unionization of state employees. The growing acceptance of collec- tive bargaining resulted in the AFT’s membership in- creasing from 60,000 teacher members in 1961 to 300,000 in 1970. 12
Meanwhile, in the late 1960’s and early 1970’s, school administrators, principals and superintendents separated from the NEA to form their own “professional associations.” Faced with the departure of administra- tive personnel and the rapidly increasing teacher mem- bership in the AFT, the NEA recognized its need to embrace collective bargaining to remain the largest teacher association in the nation. The NEA entered into this new arena by declaring it supported “professional
Scope of the EERA
The primary statute governing collective bargaining for educational em- ployees is the Educational Employment Relations Act (EERA). The EERA governs employees of K-12 public schools who must receive a state- issued certificate to qualify for their jobs, and who are not administra- tors or confidential assistants to administrators. For the sake of simplicity, this study uses the term “teacher” interchangeably with “certificated employee,” even though other employee groups, such as librarians and counselors, often bargain together with teachers under the provisions of this act.
negotiations” as opposed to “collective bar- gaining.” As it turned out, this was only se- mantics, since what the NEA affiliates called “professional negotiations” were the same ac- tivities undertaken by AFT affiliates as “col- lective bargaining.”13 Thus, the NEA actively embraced collective bargaining for teachers by the early 1970’s and has remained adamant in that position to this day.
Union organization at the state level
The NEA’s real strength comes from its state affiliates. In 1889, 124 educators formed
the Washington Education Association (WEA). Today, WEA claims 73,000 members. This number includes 56,000 certificated K–12 teachers, classified employees, (secretaries, custodians, assistants, bus drivers and other education support personnel), and higher education fac- ulty members. WEA-Retired has about 2,500 members. In 1965, WEA lobbied the legislature for a negotia- tion package that resulted in the Professional Negotia- tions Act.14 WEA officials argued that teachers were concerned about wages, hours, schedules, and the length of the academic year. This act required school boards to “meet, confer and negotiate...” with an employee orga- nization. The first collective bargaining contract nego- tiated under the Professional Negotiations Act was completed in 1968 in Tacoma.15 The Seattle Teachers Association followed in 1969.16 In 1967, the legislature passed a collective bargaining law for classified and sup- port staff.17 The law provided these public education employees with the right to negotiate over “wages, hours
and working conditions.”18
In 1970, the National Education Association, of which WEA is a state affiliate, initiated a new field staff program now called UniServ. The UniServ program placed a staff person trained by the NEA in the field for each group of 1,200 union members. A single UniServ contains several local associations from the same geo- graphic area. Along with paid union staff support, most UniServs have local “release time” teachers serving in various leadership positions such as President and Vice President. Release time allows educators to take time away from teaching duties to conduct union business.
The UniServ staff workers assist the local associa- tions in contract administration such as bargaining and grievance resolution, holding workshops for teachers assigned to the bargaining committees and encouraging teacher involvement. UniServ staff aggressively organize
the local associations to expand bargaining.
As unions made more and more demands, strikes ensued. School boards contended these demands usurped the board’s authority and responsibility to the students, parents and communities each district served. Boards that refused to yield to union demands found themselves faced with striking teachers. The first K–12 teacher strike in Washington state occurred in Aberdeen on May 10, 1972.
In 1975, the WEA lobbied the Education Employ-
ment Relations Act (EERA), which explicitly provided collective bargaining rights for K-12 certified employ- ees, through the legislature. The bill took effect January 1, 1976, only a few months after the legislature had cre- ated the Public Employment Relations Commission (PERC). PERC administers most of Washington’s pub- lic employee bargaining acts, including the EERA, and provides the initial quasi-judicial hearing for most cases arising in public employee labor relations.
Following the passage of EERA, local associations throughout the state entered the bargaining process with detailed collective bargaining proposals, often created from a master template provided by the NEA. This for- mula continues today.
Fundamentals of collective bargaining
For most people, including the average teacher and school board member, collective bargaining appears to be a morass of legal technicalities. Local school boards and administrators, facing complex concepts such as “duty to bargain” and “exclusive representation,” may engage in something called an “unfair labor practice” by unintentionally making one wrong move. The follow- ing sections are designed to make the collective bargain- ing path a little clearer.
Non-union districts
Thirty Washington districts do not bargain collec- tively. This means employees have no union representa- tive and the district deals directly with employees. School board policies and individual contracts govern the em- ployment relationship.
Certification of exclusive representative
The vast majority of Washington state teachers are represented by a union. The transition from a non-union district to a unionized district begins when a union in- forms the school district that it wishes to represent a particular group of employees. The school district or the union may then ask the Public Employment Rela- tions Commission (PERC) to determine whether the union has sufficient support to be certified as the exclu- sive representative of that group, known as a bargaining unit.19
PERC conducts an election by secret ballot of the group of employees in question and certifies the union as exclusive representative if it receives a majority of the votes cast. Once the union is designated the exclusive representative, the employer may no longer bargain with its employees directly.
Bargaining unit determination
PERC is responsible for determining which employ- ees should be grouped together as a bargaining unit.20 A bargaining unit is defined as a group of employees with similar interests such as common duties, skills, or working conditions, among other factors.21 For example, education associations typically represent certificated em- ployees, including substitute teachers that have worked with the district for a specified period of time. Classified employees would be members of different bargaining units.
The union is obligated to represent all the members of the bargaining unit. In re- turn for representation, each employee within a bargaining unit is generally required to join the union or pay an agency shop fee. (See side bar.)
Public Employment Relations Commission
The Public Employment Relations Commission (PERC) was created by statute in 1975. Rather than enforcement of contractual provisions, PERC administers state labor statutes and seeks to facilitate positive labor relations. Although PERC may make non-binding recommenda- tions to aid the bargaining process, it does not determine parties’ rights under their collective bargaining agreement or provide a remedy for breach.
PERC’s responsibilities are generally divided into the following catego- ries: certifying an exclusive bargaining representative; determining a bargaining unit; mediating grievances; ruling on individuals’ rights not to join the union; resolving impasse in contract negotiations; and pro- cessing unfair labor practice complaints.
The law provides a process whereby ei- ther the employer or the union may petition for clarification or a change of the unit defi- nition.22
Bargaining process
Labor: The union conducts its district- level bargaining through its local education association, which, in turn, receives support
from its regional WEA UniServ council. As previously mentioned, UniServ representatives typically provide ad- vice and support to local associations during bargain- ing.
Management: Many school districts hire a profes-
sional negotiator to represent their interests in the bar- gaining process. Although the superintendent, school board president, or other district personnel may be in- volved at various stages of bargaining, the contract is generally not presented to the school board for consid- eration until the terms have been thoroughly discussed and most elements of a preliminary agreement have been hammered out.
Duty to bargain
Once a group of teachers has unionized, both the school districts and the union have a duty to bargain collectively under the requirements established in the Educational Employment Relations Act (EERA).23 However, the scope of that duty is not the same for all subjects of negotiation. Subjects of collective bargain- ing are classified as mandatory or permissive. The more impact a subject has on terms and conditions of employment, the more likely it is to be classified as man- datory. The more a subject requires management dis- cretion, the more likely it is to be classified as permissive. Some subjects are classified as prohibited and removed from the bargaining table altogether.
Mandatory subjects of bargaining are simply those
that must be bargained. An employer may not make unilateral changes to a mandatory subject without pro- viding the union with notice and an opportunity to bar- gain on the proposed changes. Permissive subjects, on the other hand, may be bargained, but the employer would not be subject to an unfair labor practice when
making a unilateral change if the contract did not ad- dress the subject. Prohibited subjects, even if bargained, would be unenforceable as a matter of law.
Mandatory subjects of bargaining
Under the EERA, both parties have a duty to bar- gain in good faith in an effort to reach an agreement regarding wages, hours, and the terms and conditions of employment.24 Even topics that do not clearly fall within these three categories may be mandatory subjects of bargaining. When conflict arises over whether a par- ticular subject is mandatory or permissive, PERC de- cides the issue. In doing so, PERC balances the relationship of the subject in question to wages, hours, or the conditions of employment against the extent the subject is a management prerogative. Where a subject relates to the conditions of employment and is a man- agement prerogative, the question to be answered is which of these characteristics is dominant.
Impasse
Impasse exists where, after a reasonable period of good faith negotia- tion, the parties have reached their final positions but remain at odds over one or more subjects of bargaining.
Once parties are at an impasse, any duty to bargain is temporarily suspended. Parties may seek resolution through a PERC appointed me- diator, who will try to help the parties reach a mutually acceptable agreement. If mediation does not produce a settlement the parties may select a fact-finder, who will issue recommendations on terms of settle- ment. The parties are also free to agree on their own method of impasse resolution.
Through court battles and PERC proceedings,
mandatory subjects of bargaining have been held to include not only salary and length of the work day, but also these subjects:
payment for after-hours parent conferences25
leaves26
insurance benefits27
school calendar changes28
discipline, promotions, and seniority preferences29
just cause for dismissal standards and job security provisions30
Agency Shop
Under an agency shop provision, employees who do not wish to join the union are still required to pay a “representational fee.” This require- ment is based on the idea that, as part of the bargaining unit, agency fee employees are still benefiting from the collective bargaining agree- ment and should pay their share for negotiating the agreement.
An agency shop fee and union dues are not the same thing. By law, agency fee payers may be compelled to pay only for union expenses that are essential (or chargeable) union functions such as contract ad- ministration, collective bargaining, and grievance adjustment.1 The union must also provide agency fee payers with an adequate explanation of the basis for the fee (i.e., what expenses are supposedly “chargeable”), a reasonably prompt opportunity to challenge the amount of the fee before an impartial decisionmaker, and an escrow account for any amounts that are reasonably in dispute.2
See Abood v. Detroit Board of Education, 431 U.S. 209 (1977)
See Chicago Teachers’ Union, Local No. 1 v. Hudson, 475 U.S. 292 (1986)
grievance procedures31
union security provisions32
employee evaluation criteria and procedures33
management rights clauses34 and
safety and health rules and standards for employee conduct35
The fact that a particular subject falls within the mandatory category does not mean that the employer must agree to a union’s pro- posal. So long as the employer meets with the bargaining representative and bargains in good faith, the employer is not required to make concessions or agree to any provision that might be detrimental to its academic pro- gram.36 Instead, classification as a mandatory subject of bargaining means that neither party
may unilaterally change the provision or the conduct at issue until an impasse is reached.
An employer may make unilateral changes in a man- datory subject of bargaining if the union waives its right to bargain on the subject. According to PERC, a waiver may occur where the language of a collective bargaining agreement gives the employer the right to make changes concerning one or more mandatory subjects while the contract is in effect, without providing the union with notice or the opportunity to bargain.37 A contractual waiver must be knowingly and clearly made in order to be effective.38
PERC has held that an employer must maintain the status quo on mandatory subjects–wages, hours, and working conditions–after a collective bargaining agree- ment expires. If an employer wishes to make changes, it must notify the union before it makes the changes, and
then bargain with the union in good faith.39 The union will waive its right to bargain a mandatory subject if it has been notified of a proposed change and given the opportunity to bargain, but fails to negotiate the change or communicate its opposition.40 For example, where a school district is forced to schedule a make-up day and the union has notice of the proposed date, it waives its right to bargain if it makes no objection to the selected make-up day until after the fact.41
Permissive subjects of bargaining
Management decisions that only remotely affect “personnel matters,” and decisions that are primarily “managerial prerogatives,” are permissive subjects of bargaining.42 There is no duty to bargain over permis- sive subjects. Some districts, however, surrender their managerial discretion by bargaining in these areas. For example, decisions concerning curriculum and basic edu- cational policy are to be reserved to the employer, and there is no statutory requirement for notice or bargain- ing.43 The educational budget, including allocation of unexpected funds, is another permissive subject.44 Be- cause permissive subjects have significant impact on school management, districts should protect their au- thority to make educational policy decisions in these areas.
Even if a particular issue is a permissive subject, the employer may be required to bargain if the decision af- fects wages, hours, or terms and conditions of employ-
Evenifaparticular issueisapermissive subject,theemployer mayberequiredto bargainifthedecision affectswages,hours, ortermsand conditionsof employment.
ment.45 In such a case, the employer would have the right to make a unilateral decision, but must give the union an opportunity to bargain over the impact upon timely request.46 For example, a school district is not required to bargain its decision not to rehire certain certificated em- ployees following a levy failure.47 However, the dis- trict will probably be re- quired to negotiate how layoffs are to take place.48 The employer or the
union may initiate negotiations of a permissive subject,
but the other party is not obligated to bargain to im- passe on the subject. In fact, it is an unfair labor practice
for either party to bargain a permissive subject to the point of impasse.49
Once the collective bargaining agreement expires, employers are not required, to maintain the status quo on an employment practice that is a permissive subject of bargaining.50 Rather, contractual provisions address- ing permissive subjects expire with the contract that con- tains them. Significantly, if a contract contains a waiver of a mandatory subject, that waiver is itself a permissive subject.51 For example, if a contract contained a clause that waived the union’s right to bargain over the school calendar, that waiver would only be good for as long as the contract remained in effect. Once the contract ex- pired, the district would again have to bargain any changes in the school calendar, unless it was able to ne- gotiate a similar provision in the next contract.
Prohibited subjects of bargaining
Prohibited, or illegal, subjects of bargaining are “those matters which neither the employer nor the union have the authority to negotiate, because agreement would contravene applicable statutes or court decisions.”52 A party should not even propose that a prohibited subject be included in the contract.53 PERC may order a party who has advanced a prohibited proposal to withdraw its proposal and to post notice that it will not make any further prohibited proposals.54
Few topics have been expressly prohibited from the collective bargaining process. One example of a prohib- ited provision is negotiation of a salary schedule that exceeds the amount authorized by the legislature.55 (This is why “creative” methods are used to enhance salaries, such as supplemental contracts for more than 90 per- cent of Washington state teachers.) Another prohibited subject of bargaining involves contributions from the employer to the union, such as school district funding of a members’ attendance at union functions without union reimbursement.56 This type of financial arrange- ment is illegal. A union shop or closed shop agreement, in which every employee in the bargaining unit must join the union, would also be a prohibited subject of bargaining.57 However, an agency shop, in which every employee in the bargaining unit must financially sup- port the union even if not a member, is permissible.
Grievance
A grievance is usually defined as a misinterpreta- tion or misapplication of contractual provisions or school district policy. This definition may be diminished or enlarged by the parties’ collective bargaining agreement.
Some contracts define “grievance” broadly enough to include any dispute or disagreement, while others limit the term to violations or misapplications of contractual provisions.
The process by which grievances are aired and re- solved differs by contract. Typically, a contract provides for an employee, group of employees, or union to fur- nish written notice of their grievance to the employer. The employer is required to respond within a given time frame. The grievant may appeal to another level of the employer’s hierarchical structure if the response is not satisfactory. The grievance procedure may allow more than one appeal on a particular issue.
If the grievance is not resolved within the employer’s authority structure, the parties may submit their dis- pute to third-party mediation or arbitration. A specific mediation or arbitration procedure is often included in the terms of the collective bargaining agreement.
Mediation
Mediation is the process that permits the employer and grievant to present the facts of their position to a neutral third party. In mediation, the suggestions of the third-party mediator are not binding. Rather, the mediator’s role is to facilitate communication between the parties in order to resolve their dispute.
Binding arbitration
Unlike recommendations from a mediator, an arbitrator’s decisions generally are binding upon the employer and the union.58 Arbitration produces a bind- ing settlement of the dispute instead of facilitating fur- ther discussion between the parties. An arbitrator may also provide an appropriate remedy, if a contractual vio- lation has occurred.59
Unfair labor practices
An employee, union, or employer who believes an- other party has engaged in an unfair labor practice may file a complaint with the Public Employment Relations Commission (PERC).60 If the facts as alleged in the com- plaint constitute an unfair labor practice, the case will be referred to a PERC examiner for a hearing.61
Unfair labor practices by employer
It is an unfair labor practice for employers to inter- fere with employees’ rights to form a union, to join or refuse to join a union, or to bargain collectively. The employer may not encourage or discourage union mem- bership by discrimination in hiring, granting of tenure, or employment conditions. It is standard practice to require
employees to pay union dues or agency fees as a condi- tion of employment, although requiring membership itself is forbidden.62
Employers may not interfere with the creation or management of a labor union. This includes contribut- ing financially to the union,63 even indirectly such as by paying for leave to attend union activities. A union and district are allowed to negotiate district payment for union leave as a part of their collective bargaining agree- ment.64 Even if openly negotiated, the activities paid for by the employer should be limited to those involv- ing that particular employer, and the union should re- imburse the employer.65 PERC may find a technical violation even where it merely appears the district has made an illegal contribution.66 Therefore, a contract that provides leave for union activities should clearly state how the union will reimburse the district.
It is also an unfair labor practice for an employer to discriminate against an employee because he has filed charges against the district or given testimony under the Educational Employment Relations Act.67 Where an employee can show that his involvement in protected activity was a motivating factor in his termination, the employer must then prove that the employee would have been terminated regardless of his activities.68
Unfair labor practices by union
Like the employer, the union may not interfere with employees exercising their rights to unionize or bargain collectively. Unions may, however, establish member- ship rules. In addition, a union may not restrain or co- erce an employer in the employer’s selection of its representatives for collective bargaining or grievance procedures.69
Further, a union may not cause or attempt to cause an employer to discriminate against an employee be- cause of union membership or non-membership.70
Joint obligations
It is an unfair labor practice for either party to refuse to bargain collectively.71 The duty to bargain in good faith requires both the employer and any exclusive repre- sentative to submit a written statement of any proposed language changes to the collective bargaining agreement, with a written or oral explanation of the proposal. Both the district and the union must also submit at least one written response to the opposing side’s proposal.
Following the initial proposal and response, the parties’ duties vary depending on whether the subject of the proposal is a mandatory or permissive subject of
bargaining. If a union proposal addresses a permissive subject the district may assert in writing that the subject is permissive. The district is required to receive propos- als on the permissive subject, but is not required to make proposals in response after it objects. Although the dis- trict cannot demand that the proposal be removed from the bargaining table until a legal impasse is reached, it does not have to agree to negotiate or discuss the subject.72
Common contractual provisions
Almost all collective bargaining agreements contain particular standard contract clauses, as well as language addressing unique circumstances of each district and its employees. Standard clauses usually cover at least the following subjects:
Union Recognition: Contracts commonly
recognize an exclusive bargaining representative and describe the representative unit.
Union Security: Generally, contracts contain an
agency shop provision, requiring all members of the bargaining unit to pay dues or an agency fee to the union. The districts’ obligation to deduct dues or agency fees on behalf of the union will often be referenced in this clause.
No Strike: Some contracts contain provisions
prohibiting or limiting teacher strikes and providing remedies for any violation.
Management Rights: Most contracts guarantee
certain rights to the school district, such as control over establishment of educational policies and goals.
Association Rights: Association rights clauses
spell out the local union’s right to use school facilities or equipment. Many contracts also provide teachers with leave for union business or release time for union officials.
Workday/Length of Academic Year: In addition
to stating the length of teachers’ workday and academic year, these sections often provide for supplemental workdays.
Salary: District salary provisions are tied to the
state salary schedule, which is based on teachers’ seniority and degree of educational training. The district may not spend more on teacher salaries in basic education than is provided through the state schedule, but districts typically increase compen- sation through separate contracts for additional time or activities. For example, districts often provide extra pay for a number of “supplemental
days” outside the normal school year. Districts may also provide teachers with extra leave or paid professional training.
Conditions of Employment: Contracts typically
contain clauses that define employment condi- tions including hours of preparation time, condition of school facilities, and other matters of general employee concern.
Leave and Fringe Benefits: Leave and benefits
clauses will cover insurance benefits and various types of emergency and professional leave and may also contain association leave for union members.
Grievance Procedures: These sections specify how
grievances are processed within the employer’s hierarchical structure. The parties may also contractually select a mediation or arbitration procedure for unresolved grievances.
Employee Evaluation: These sections lay out the
procedures and criteria for evaluating employee job performance. They may also discuss proba- tion, non-renewal of employment contracts, evaluation files, and other related topics.
Just Cause: Contracts may provide that discipline
or discharge is permitted only for just cause. This places procedural requirements on a district’s decision to discipline or discharge a teacher.
Voluntary and Involuntary Transfer: The basis
for the voluntary or involuntary transfer of a teacher may be specified by contract. These clauses will establish the terms for transfer such as seniority and notice requirements, and specify circumstances under which a transfer may occur.
Assignment and Reassignment of Duties: These
clauses provide the criteria and procedure for teacher assignment and reassignment. Such clauses generally provide reassigned teachers release time to prepare for their new assignments.
Layoff and Recall Procedures: Layoff or reduc-
tion in force provisions usually call for employees to be selected according to the date of hire, with the last employee hired as the first to be laid off. Under contractual recall procedures, employees who are laid off are generally placed in a recall pool and given preference in later hiring deci- sions.
Vacancies: A vacancy clause specifies procedures
for announcement and filling of vacancies.
Academic Freedom: Contracts may guarantee
academic freedom to teachers. Some contracts also specifically address teachers’ introduction of a controversial topic and may reserve to the district the right to review the introduction of such topics.
Curriculum Selection: Curriculum provisions
specify who will select the district’s curriculum, what selection criteria will be used, and how the selection may be challenged.
Class Size: When contracts address class size, they
define the size of classes allowed and may also provide for additional preparation, classroom staff, or compensation for classes that exceed the contractually defined standard.
Conclusion
The current collective bargaining process in our public schools has helped create a hostile environment among parents, teachers, administrators and lawmak- ers. In addition, the uniform treatment of all personnel required by the collective bargaining process too often saps teachers’ creativity and productivity. It unnecessar- ily hamstrings administrators.
Reconsidering the role and content of collective bargaining is a necessary part of the reform efforts that must be implemented in order to deliver quality educa- tion opportunities to every student in our public schools.
Recommendations
A collective bargaining contract is just that: a le- gally binding contract. It should clearly state the rights and responsibilities of the parties involved. It is not a treatise on broad-based policy issues, nor should it con- tain vague goals or clauses intended to have no real ef- fect. Every word and phrase should be examined carefully, remembering that it must stand up under the scrutiny of an independent arbitrator or judge.
The ultimate goal of school board members, ad- ministrators and their representatives must be to ensure that students are provided the best possible educational opportunities. To accomplish this, they must preserve necessary authority while adequately supporting employ- ees. The union’s interest is to ensure that employees’ wages and hours are protected from arbitrary changes and that the terms and conditions of employment will enable the employees to work effectively. An effective contract will attempt to protect the respective interests of both parties, while allowing the district to achieve
the ultimate goal of excellent education. It is always bet- ter to err on the side of providing and protecting excel- lent academic opportunities for students.
Changes in contract language must come about through the collective bargaining process. Because the process requires give and take from both sides, a school board wishing to remove a contract provision should carefully weigh the benefits and consequences of bring- ing up the subject. The trade-offs the union might de- mand for giving up its control in one area might be worse than the original situation. A school boardmay need to concentrate its efforts on those areas most detri- mental to the education process, and compromise in other areas. The best course is prevention-an informed school board can guard against inserting detrimental contract language far more easily than it can get it re- moved.
The following criteria can be applied to any con- tract provision:
Does the contract provision accurately reflect the applicable law? If the law allows flexibil- ity, does any variation in the contract remain within the range allowed by law?
Does the contract provision improve or hinder student learning by any modifications it makes to the rights and responsibilities of the parties?
Does the contract provision prevent the school board from fulfilling its statutory responsibilities to the public, teachers, administrators, and students?
Does the provision safeguard the individual rights of teachers as well as the rights of the Association?
Does the provision support flexibility in seeking educational solutions and account- ability for educational results?
For a full discussion of specific recommendations for contract language, please see the report, Collective Bargaining in Public Schools: Turning the Focus to Stu- dents, published by Evergreen Freedom Foundation. Rec- ommendations include:
The adoption of strong management rights clauses that explicitly list the rights reserved to the district.
Protecting the right of qualified individuals to teach in the state of Washington without being forced to support a union and its policies.
Providing clear protection for teachers’ rights
against compulsory support of union politics.
Limiting the use of just cause exclusively to discharge or nonrenewal of tenured teachers.
Limiting the procedural barriers to effective teacher evaluation.
Allowing teachers to be considered for retention or transfer based on their skill, experience, and education, rather than simply on seniority.
Ensuring teachers and other employees have maximum flexibility and cost-effectiveness in their insurance carrier and plan.
Instituting no-strike clauses with penalties for failure to comply.
Making class-size decisions based on individual classroom needs, not on a one-size-fits-all plan.
Eliminating contract provisions that relinquish school board authority over curriculum, educa- tion policy, and student discipline.
Endnotes
Bruce Zarahdnik, Tahoma School District, telephone conversation with Corrie White, EFF Research Analyst, 24 April 2000.
Ibid. Interest based bargaining generally requires the
training of facilitators and others involved in the bargaining process. Due to employee turnover, this would be a continuous process. One school district that has recently begun using the interest based bargaining model stated that their initial negotiations of the plan took 25–30 days. Now that an interest based bargain- ing agreement is in place, the parties must still meet monthly and have regular contract support meetings.
Quoted by Tim Connelly, “Unions slap no confidence vote on CPSD boss,” Lakewood Journal, 18 June 1999.
Taken from “Info for Journalists,” http:// www.wa.nea.org/NWSRM/ClvrPrk.htm, November 24, 1999. Printed copy on file with EFF. On the web site, these headlines appeared in reverse chronological order. They have been placed in chronological order for this study, as chronological order is standard for printed publications. Some duplicative headlines have been omitted.
The district administration pointed out that teacher placement decisions were made before the union negotiator was elected to his position. Colleen Pohlig, “Teacher Takes on Selah Schools Chief,” Yakima Herald–Republic, 27 October 1999.
In the school board race mentioned above, one of the incumbent members lost his position to a candidate who had criticized the board for backing up district administration. Colleen Pohlig, “Selah School Board Incumbent Falls,” Yakima Herald–Republic, 3 Novem- ber 1999.
G. Gregory Moo, Power Grab: How the National Education Association is Betraying our Children (1999),
p. 6
Quoted by John Fund, “Politics, Economics, and Education in the 21st Century,” Imprimis, May 1998, p.5.
Quoted by Damon Darlin, “To whom do our schools belong?” Forbes, September 23, 1996, p. 66.
Debby Abe, “Wilson High School Drops 3-Period-Per- Day Schedule,” The News Tribune, 6 June 1998; Debby Abe, “Wilson likely to drop 110-minute classes,” The News Tribune, 17 May 1998.
Myron Lieberman, Charlene K. Haar, and Leo Troy. The NEA & AFT: Teacher Unions in Power and Politics, p.10.
12. Ibid., p. 12.
Ibid.
See National Education Association, “Legacy,” <http:// www.wa.nea.org/Publicat/COMMUNIC/
LEGACY.HTM>, p. 2
Ibid., p. 3.
Ibid.
17. RCW 41.56.
18. RCW 41.56.030.
19. RCW 41.59.070. If employees are already represented by a union, only the union or the employees may file a petition concerning exclusive representation. The employer may not do so. See WAC 391-25-012 and 391-25-090.
20. RCW 41.59.080.
Ibid.
Ibid. See also WAC 391-35-010. 23. RCW 41.59.140.
Ibid. See also RCW 41.59.020(2).
Clover Park School District, Decision 6072-A (EDUC 1998).
City of Clarkston, Decision 3286 (PECB 1989).
City of Dayton, Decision 1990 (PECB 1984).
Mukilteo School District, Decision 3795-A (PECB 1992).
City of Yakima, Decisions 3503 and 3504 (PECB 1990).
Peninsula School District No. 401 v. Public School Employees of Peninsula, 130 Wn.2d 401, 924 P.2d 13 (1996).
Clark County, Decision 3451 (PECB 1990).
Ibid.
33. RCW 28A.405.100
Pasco Police Officers’ Ass’n v. Pasco, 132 Wn.2d 450, 938 P.2d 827 (1997).
City of Olympia, Decision 3194 (PECB 1989).
RCW 41.59.020(2). Good faith involves a sincere desire to reach an agreement. Pasco Police Officers’ Ass’n v. Pasco, 938 P.2d 27 (1997).
Mukilteo School District, Decision 3795-A (PECB 1992).
Pasco Police Officers’ Ass’n v. Pasco, 938 P.2d 827.
Clark County, Decision 3194 (PECB 1990).
City of Sumner, Decision 1839-A (PECB 1839).
Mukilteo School District, Decision 3795-A (PECB 1992).
International Association of Fire Fighters, Local 1052 v.
PERC, 113 Wn.2d 196, 776 P.2d 1346 (1989).
Wenatchee School District, Decision 3240-A (PECB 1990).
Federal Way School District No. 210, Decision 232-A (EDUC 1977), aff ’d King County Superior Court Cause No. 830404 1978).
International Association of Fire Fighters, Local 1052,
776 P.2d 1346.
City of Clarkston, Decision 3286 (PECB 1989).
Spokane Education Ass’n v. Barnes, 83 Wn.2d 366, 517 P.2d 1362 (1974).
International Ass’n of Fire Fighters, Local 1052, 776 P.2d 1346.
Pasco Police Officers’ Ass’n v. Pasco, 132 Wn.2d 450, 938 P.2d 827 (1997).
Seattle School District, Decision 2079 (PECB 1984), rev’d on other grounds, Seattle School District, Decision 2079-C (PECB 1986).
Ibid.
City of Burlington, Decisions 5840, 5841, 5842, and 5843 (PECB 1997).
Ibid.
Ibid.
55. RCW 41.59.935.
56. City of Burlington, Decisions 5840, 5841, 5842 and 5843.
57. RCW 41.59.100.
Yaw v. Walla Walla School District No. 140, 106 Wn.2d 408, 722 P.2d 803 (1986).
North Beach Education Ass’n v. North Beach School District No. 64, 31 Wn.App. 77, 639 P.2d 821 (1982).
60. WAC 391-45-010.
61. WAC 391-45-110; 391-45-130 and 391-45-270.
62. RCW 41.59.140(1)(a), (c).
63. RCW 41.59.140(1)(b).
State ex rel Graham v. Northshore School District, 99 Wn.2d 232, 662 P.2d 38 (1983). Employers may also permit employees to confer with the employer during work hours without loss of time or pay. See RCW 41.59.140(1)(b).
City of Burlington, Decisions 5840, 5841, 5842, and 5843 (PECB 1997).
North Thurston School District, Decision 4765-B (EDUC 1995).
67. RCW 41.59.140(1)(d).
68. International Ass’n of Fire Fighters, Local 1445 v. Kelso,
57 Wn.App 721, 790 P.2d 185 (1990).
69. RCW 41.59.140(a).
70. RCW 41.59.140(2)(b).
71. RCW 41.59.140(1)(e), (2)(c).
WAC 391-45-552. This does not mean that the parties are required to bargain permissive subjects to impasse. No further response needs to be made to the proposal addressing the permissive subject of bargaining.
DOES IT MATTER?
Comprehensive class size reduction has captured the attention of parents, policymakers and educators. In 1999, President Clinton succeeded in getting Congress to agree on a “down payment” toward a $12 billion initiative to hire 100,000 new teachers to reduce the nation’s average pupil-teacher ratio to 18 students per teacher. In the 2000 elections in Washington, more than 60 percent of voters passed an initiative advertised to reduce class sizes. Nearly every state in the union is grappling with this issue.
According to the National Education Association (NEA), the nation’s largest teacher union, “excellence in the classroom can best be attained by small class size.”1 These sentiments are echoed by numerous parents, legislators and community leaders who have been involved in class size reduction efforts.
Why is class size reduction such a popular educa- tion reform issue? Parents like it because they believe it will allow more one-on-one instruction for their chil- dren. Teachers like it because their workload is decreased and it has the potential to reduce discipline problems. Politicians like it because it offers a simple, popular, eas- ily measurable (and observed) education reform initia- tive. Unions like it because they get more members (smaller class sizes mean more teachers). In short, class size reduction appears to have something for everyone– except students.
For students, class size reduction fails to live up to its promise to increase academic achievement. In fact, it is among the most expensive and least effective educa- tion reform options and, as with any investment, re- sources need to be put where a good return is most likely.
Many education groups, including the Department of Education, claim that research on class size reduction “points more and more clearly toward the beneficial ef- fects of reducing class size” to improve student achieve- ment.2 Other sources suggest an entirely different pat- tern of evidence. According to the National Confer- ence of State Legislators, more than 1,100 studies ex- amine the relationship between class size and student achievement, yet no definitive conclusions have been reached.3 Education Week regularly reports the deep divisions among scholars concerning class size reduc- tion results.4
Other research suggests that studies linking increased student achievement and class size reduction efforts have been unsound.5 Critics maintain that after isolating and evaluating co-existing influences, evidence suggests that most class size reduction efforts offer no significant in- creases in student learning unless the pupil-teacher ra- tio reaches tutorial levels.6
The data on class size reduction
National trend data
As unbelievable as it seems, national trend data sup- ports the argument that class size reduction, by itself, will not improve student achievement. Class size trends from the ‘50s to the ‘80s provide no evidence of a sig- nificant relationship between student achievement and class size.7 Compare the 1950s national average teacher- pupil ratio of 30 to 1 with today’s average of about 19 to 1 (actual class size averages 23 students per class.8,9 From the 1970s to 1996 class sizes have fallen nearly 25 percent.10
Meanwhile, over the last three decades, public edu- cation spending has increased by at least 61 percent above inflation with much of those funds going toward the hiring of new teachers.11 Yet few would argue that there has been a corresponding increase in student learning. Advocates of class size reductions maintain that these trend data ignore negative social factors, such as increased numbers of single parents and the corresponding levels of poverty, which have changed the face of education over the years. Yet these critics fail to point out the many positive social factors gained during the past few de- cades, such as increased K-12 funding and higher pa- rental education levels, which we are told are precursors to improved student test scores. (Data also indicate that no more than one-third of the drop in the pupil-teacher ratio can be attributed to the increase in special educa- tion populations who tend to require smaller classes and
greater individualized attention).12
International trend data
Like the national data, international trend data sug- gest a further look is warranted before class size reduc- tion measures are adopted. Nations with far larger class sizes than those found in the U.S. are experiencing sig- nificantly higher student achievement. For example, the average academic scores of eighth graders in Korea and Japan are noticeably higher than those of U.S. students. Yet thirteen-year old students in Korea and Japan learn in average class sizes of 49 and 36 respectively.13
Actual class size averages in the U.S. and Japan are quite different due to the way schools in the two na- tions prioritize and organize academic disciplines and instructional practices.14 We are not suggesting that American schools ought to adopt a Japanese or Korean instructional model. Teachers must instruct large classes (often exceeding forty) to ensure that schools can still provide students with art, music and computer instruc- tion.15 But the academic success enjoyed in countries where classrooms are brimming over with students sug- gests that the key factor for student achievement is some- thing other than smaller classes.
Despite the evidence forwarded from national trend data and international comparisons, class size reduction advocates are not cautious or dissuaded. Many states have already invested heavily in reducing class size, with more states promising to follow. Examining the results of a few of the more prominent of these experiments helps provide perspective as to the wisdom of class size reduction policies.
Tennessee’s STAR experiment
In 1985, Tennessee began a four-year study of the effects of class size reduction on kindergarten, first, sec- ond and third grades. In relative terms, Project STAR (Student-Teacher Achievement Ratio) was to be a con- trolled experiment designed to provide reliable, scien- tific evidence on the effects of class size reduction. The project was inspired by earlier research indicating stu- dent achievement was roughly constant until class size was reduced to 15 or fewer pupils per teacher.16
More than 300 classrooms in 79 schools totaling 7000 students participated in the program. Assignment of students and teachers to classrooms was random. STAR compared smaller classes (13-17 students) with normal-sized, larger classes (22 to 26 students) both with and without an instructional aide in the larger classes. To control for possible differences in school quality, ev- ery participating school had at least one of each type of class (a class of 13 to 17 students, a class of 22 to 26 students without an instructional aide, and a class of 22 to 26 students with an instructional aide).17
The results of the STAR experiment led many class size reduction advocates to conclude that STAR had “definitively” proved that “bringing class size down in the primary grades in and of itself has positive effects on student achievement in all subject areas.”18 Initial re- sults revealed that students from smaller classes outper- formed students from larger classes and that smaller classes had significantly less student retention and im- proved assessment of special education needs.19
Performance of students participating in STAR was followed for several years after the program. Test scores indicated that students from smaller classes significantly outperformed students from the larger classes in all aca- demic subjects. These results led Tennessee to imple- ment class size reduction in 16 of the state’s poorest schools in a program called “Project Challenge.” These schools experienced an increase in their ranking com- pared to other school districts on statewide student achievement tests.20 Unlike Project STAR, however, Project Challenge was not a controlled experiment.
Despite these seemingly clear cut results, research- ers remain divided on the effectiveness of comprehen- sive class size reduction, especially since a closer exami- nation of the STAR experiment suggests that its results are not as conclusive as is commonly believed.21
A review of the available STAR data, which has gener- ally not been available to researchers,22 was conducted by Eric Hanushek, Professor of Economics, University of
Rochester. Professor Hanushek observed that many ad- vocates of class size reduction report the STAR project showed that small classes led to improved student achievement in each grade. The data, however, showed no significant cumulative achievement in students who re- mained in small classes, leaving researchers to wonder why learning gains did not accumulate from year to year.23
Gains were made by students who began their ini- tial grade (kindergarten or first grade) in a small class. Evidence obtained from the STAR experiment and its follow up studies suggests that, although these first-year, one-time gains remained with these students, no increase in subsequent years occurred. This was true even when students remained in small classes.24 If class size reduc- tion changed the aggregate rate of student learning, stu- dents remaining in small classes would advance above their counterparts each
Evidenceobtained fromtheSTARproject supportsonly targetedclasssize reduction... comprehensiveclass sizereformwould likelybeaninefficient useofscarce resources.
year.25 This first-year gain in student achievement may reflect a one-time acquisi- tion of social and learning behaviors useful to students in subsequent years.26
Professor Hanushek cited numerous potential problems with the experi- ment (such as the reassign- ment of some students due to parental pressures27) and warned against concluding too much based on the STAR experience. He fur- ther observed that the STAR study has never been
replicated and remarked that, although such experiments [class size reduction] are expensive, they are far less ex- pensive as a demonstration project than the potential costs of an across-the-board policy of class size reduc- tion, especially if the sweeping policy change is based on faulty or incomplete data.28
Contrary to those who believe that the STAR project conclusively proved that comprehensive class size reduc- tion efforts will improve academic achievement, Professor Hanushek concludes that evidence obtained from the STAR project supports only targeted class size reduc- tion, and that comprehensive class size reform would likely be an inefficient use of scarce resources.
Professor Hanushek’s interpretation of the STAR data can be summarized as follows:
The most expansive conclusion that can be reached from Project STAR and the Lasting Benefits Study is that they might support an expectation of positive achievement ef- fects from moving toward small kindergar- tens, and maybe small first grades. None of the STAR data support a wholesale reduc- tion of class sizes across grades in schools. The achievement results also come from large reductions (one-third of the existing regular class sizes) that take the small classes to quite low levels compared to most exist- ing situations (15 students per class). It does not provide evidence about what might hap- pen with smaller changes that take class sizes down from the current levels to levels above the Tennessee experiment, say, 18-20 stu- dents. (Remember that the original moti- vation for Project STAR involved research results suggesting no effects for class sizes above 15 to 1).29
Other state experiments in class size reduction
Tennessee’s STAR experiment is the most signifi- cant in terms of class size reduction, particularly since it was designed with some controls to measure the effects of class size reduction as an independent variable. But the experiences of other states are also instructive. Wis- consin and California are currently experimenting with
reduced class size.
Theeffectoftheclass sizereformhasnot beenmeasuredasan isolatedvariable.
Wisconsin’s class size reduction program, called the Student Achievement Guarantee in Education (SAGE), was enacted and financed as part of Wisconsin’s 1995-97 state budget.30 The objective for Wisconsin’s program was
to target class size reduction in kindergarten through third grade in schools serving low-income populations. The program was intended to reduce class sizes in tar- geted schools to a student/teacher ratio of 15 to 1 or less. Unlike STAR, however, SAGE was not designed to directly compare classes targeted by the program with control classes not involved in the reforms. In fact, SAGE reforms went beyond class size reduction.
Under the SAGE program, reductions in class size were accompanied by additional changes including a revised, rigorous academic curriculum, professional de- velopment, and accountability initiatives.31 Schools par- ticipating in the SAGE program are also “required to embrace the “lighted schoolhouse” concept” which requires that schools provide family, student, and community events from very early in the morning until late in the evening.32 Preliminary reports in the December 9, 1997 Mil- waukee State Journal suggest that this approach was suc- cessful in raising test scores, particularly for minority students. But the degree to which class size reduction alone is to be credited with these improvements remains unknown,33 and because SAGE reforms targeted spe- cific populations, results of the reform may not be gen- erally applicable. Thus, when SAGE is used as an example of the positive effects of class size, it is impor- tant to remember that the reduction of class size under the program was only one of several significant alter- ations. The effect of the class size reform (or any of the other reforms) has not been measured as an isolated vari- able. As a result, one cannot assume that any increases in student learning are due to class size reduction alone— or that these increase would not have been achieved with-
out reducing class size.
California is also experimenting with state-wide class size reduction efforts. In 1996, inspired by the reported success of Tennessee’s STAR report, California lawmak- ers set up a program to implement class size reduction in grades K-3 throughout the state. They are aiming for a ratio of twenty students to one teacher. California’s Class Size Reduction Program mandates that top prior- ity be given to first grade, followed by second grade and then third grade or kindergarten.34
The California experiment extends well beyond any state’s previous experimentation with class size reduc- tion. The scale of the experiment dwarfs the STAR pro- gram and is based on assumptions that lay outside the realm of the available STAR data.
For example, STAR data suggested increases in stu- dent learning occured at the earliest grade, but California’s program prioritizes kindergarten after first, second and third grades. Also, Tennessee’s STAR pro- gram, largely carried out by experienced teachers, did not create teacher shortages. On the other hand, California’s plan (requiring extra classrooms with a teacher in each room) has created a severe teacher short- age resulting in the hiring of many inexperienced teach-
ers. This practice is likely to negatively impact the pos- sibilities for increased student achievement.
Another significant difference: Small classes for the STAR experiment were approximately 15 students per teacher. California’s “small” classes of twenty pupils per teacher better resemble the large classes of the STAR experiment. So, though STAR provided no evidence that a reduction to twenty students per teacher would improve student learning, California has set twenty stu- dents per class as its target size.
California appears to be gambling its educational resources on unfounded extrapolations of already opti- mistic conclusions on class size reduction. Since Cali- fornia began making massive expenditures on class size, it has been reported that test scores have improved slightly, but whether or not reduced class size is the cause of these modest gains remains unknown.35 Furthermore, allegations of test fraud and teacher incompetence have made headlines in California newspapers for the past several years, with the blame placed on the push to de- crease class sizes before enough qualified teachers were in place. Some researchers contend that California could have improved student achievement using other meth- ods for a fraction of the cost.36
Class size reduction experiments in other states have yielded inconclusive and/or unsupportive evidence as well. For example, the Nevada Department of Education’s “1993 Class Size Evaluation Study” deter- mined that “achievement levels remained about the same when small classes were compared with larger classes.”37 During the 1980s, in Austin, Texas, sixteen schools were given $300,000 a year for five years which was used to reduce class sizes. After five years, fourteen of the schools had failed to improve student test scores or attendance, while two schools posted significant improvements in student test scores. The two schools that improved stu- dent achievement implemented a number of reforms in addition to a reduction in class size, including intensive teacher training and rigorous academic standards. Whether or not reduced class size was a significant fac- tor in the improved student performance in the two successful schools is uncertain.38
The uncertainty of class size reduction results
coupled with the modest gains attributed (justly or un- justly) to these efforts leave many questions unanswered. For example, even if one assumes that reducing class size improves student achievement, do the benefits jus- tify the costs? Also consider that the STAR experiment reduced classes to an average of fifteen pupils per class,
a rate lower than many policymakers are proposing. Still, many researchers considered the actual improvements in test scores to be questionable or modest.39
The Costs of Class Size Reduction
Class size reduction faces numerous obstacles to its implementation. Although the concept (having fewer students per teacher) is simple to understand relative to other education reform possibilities, implementation of class size reduction is far more complex than a mere allocation of dollars.
After evaluating effectiveness, the first factor to con- sider regarding class size reduction efforts is cost. But monetary costs cannot be considered in a vacuum. The costs of class size reduction must be compared to its benefits. The opportunity costs of choosing class size reduction over other education reforms must also be examined. For example, one must consider if the re- sources spent on class size reduction would be better spent on another type of reform. Comparing the costs and benefits of different types of reform will require re- liable research on education reform options. Investments of resources must be made carefully, not only for the sake of the taxpayers who foot the bill, but for the stu- dents whose educational opportunities are at stake. Ad- ditional investment alone does not always improve student learning or achievement.
Class size reduction is among the most expensive education reform options, and costs must be calculated using a number of factors, including:
Initial average class size. The larger the drop to
“small” the greater the cost.
Imposition of a rigid cap, or flexibility in the number of students per teacher. A rigid cap will increase the cost by decreasing the final average class size. Schools will keep numbers lower than necessary to ensure staying below the cap. (For example, if schools only receive class size reduc- tion funding for staying below 17 students per class, it is likely that schools will remain at 15 or 16 per class in case of a student transfer. There- fore, rigid caps are likely to increase the costs of class size reduction by creating a need for classes to be even smaller than mandated.)
The cost of teachers hired for class size reduction.
Costs vary depending on the experience level of the teachers hired. Teacher costs increase as teachers move up the salary ladder, but experienced
teachers are valuable. (The costs of teacher support may also need to be factored in.)
The cost of providing new classrooms.
Added operational costs, such as costs for utilities, custodial and clerical services.
Potential cost offsets, e.g., due to less grade reten- tion.40 (If fewer students are held back or sent to special education services, taxpayers would save on the extra costs of those students.)
Method by which class size is implemented (year- round schooling, block scheduling, etc.).
The enormous financial commitment inherent in class size reduction can be readily observed through the California example where legislation mandates twenty or fewer pupils per teacher. The actual per-pupil costs vary by district from $0 to $1000 excluding facilities and staff development costs.41 Continuing costs for the program start at $1-1.5 billion every year with costs steadily rising as teachers’ salaries climb due to experi- ence.42 Yet the monetary price tag of class size reduc- tion is not the only cost to consider.
The opportunity costs of class size reduction versus its benefits are immense. Before committing to reduc- tions, policymakers should consider if the required money spent might have greater effect if it were invested in better curricula; rigorous academic standards; teacher training; or technology. Money spent on class size re-
Teacherqualityisa moreimportantfactor inincreasingstudent learningthanis
classsize.
duction cannot be recov- ered for other areas of edu- cational reform that may be better suited toward im- proving student learning. This is particularly dis- turbing when considering that teacher quality is a more important factor in in- creasing student learning than is class size.43
Related implementation obstacles to class size reduction
As already noted, cost alone is not the only prob- lem facing class size reduction policies. Other imple- mentation obstacles loom large. Class size reduction leads to the need for more facilities, which in turn increases the need to hire more teachers. However, as one super- intendent of a school district near Houston remarked, “The fact that there’s more money [for class size reduc- tion] doesn’t mean there are more teachers.”44
Already some states are finding it difficult to obtain qualified, knowledgeable teachers. Policymakers, already struggling to find ways to ensure that teachers are quali- fied, will face shortages as classroom sizes are reduced. Unless ways are found to find and hire qualified indi- viduals, these shortages can lead to the increased hiring of unqualified teachers.45
Portable classrooms, new schools, and/or adding rooms to existing facilities require additional resources. These facilities also increase utility and maintenance costs. Furthermore, these additional costs do not affect all schools equally. Some schools may have additional facilities readily available. Some may already have small classes. On the other hand, some schools may experi- ence extreme difficulty obtaining additional facilities (particularly in urban areas).46
A number of other questions arise. Will reduction policies target certain types of classes first? Will team teaching count as a reduced class? If experienced teach- ers have better capabilities to handle large classes, will they be last to experience smaller classes? Class size re- duction is a much more complex issue than it appears at first glance. Comparing the costs and complexities with the uncertain return indicates that comprehensive class size reduction is a weak strategy for meaningful educa- tion reform. Nevertheless, class size reduction remains politically popular.
Would class size reduction help anybody?
Evidence that reductions in class size may have a positive effect is strongest in the primary grades.47 Data collected from the Tennessee STAR experiment suggest that this benefit is achieved in the initial small kinder- garten or first grade class a child attends.48 The evi- dence also indicates that, because benefits to reduced class size have not proven to be cumulative, providing additional grades (above the first grade) with reduced class size may have no significant positive affect on stu- dent learning.49
Effectiveness may also depend on the extent of the drop in class size. STAR classes dropped by about a third to an average size of 15 students per pupil and registered modest gains, while some proposals offer class size reduc- tions of only a student or two, with average class sizes re- maining significantly larger than 15. Minor reductions in class size are likely to be an ineffective and expensive means of improving student achievement.50
Aside from the first couple of grades, cer- tain student populations seem to be more af- fected by reduced class size than others. Dis- advantaged students and minorities seem to be more sensitive to class size variation than other students.51 (This does not necessarily mean that these students would not be better served by another reform.52)
Washington state gets smaller classes . . . maybe.
Currently, Washington state law provides schools with funds to provide, at a minimum, one teacher for every 20.4 students and, at a maximum, one teacher for every 18.42 stu- dents. Washington’s actual pupil per teacher
35
30
Student per staff
25
20
15
10
5
0
Certificated Staff Teachers Certificated Regular
Instruction Staff
Type of Staff
Classified Staff
ratio is among the highest in the nation at 20.32 pupils-per-teacher.53 But it should also be noted that our state’s pupil-per-teacher ratio has been steadily falling. In 1976 Washington’s average was 23.21 pupils per teacher.
Of further interest is the fact that the pu- pils per total instructional staff ratio is dramati- cally different from the pupil-per-teacher ratio. Washington’s official pupil-per-teacher ratio is about 20.32 pupils per certified teacher; 16 stu- dents per certified staff member. Yet, according to the National Education Association, the ac- tual average class size in Washington state is more than 28 pupils per teacher.54 This is be- cause pupil-teacher ratio is not necessarily the same as actual class size. The truth of the mat-
Lowest Spending Low/Middle Middle Middle/High Highest Spending
Chart CS-1: Student-staff ratios decrease with increased per-pupil spending level, regardless of how ratio is measured. Source: Joint Legislative Audit and Review Committee, K-12 Finance and Student Performance Study, Appendix 7.
Definitions
Certificated Staff: All teachers, administrators, and other staff with a certificate.
Teachers: Certificated teachers, regardless of type of school or subject.
Certificated Regular Instruction Staff: Certificated staff providing instruction in the basic education program
Classified Staff: Any staff without a certificate, regardless of function.
ter is, data for actual class size is not kept in our state, so the actual average class size is unknown.
That pupil-to-teacher ratios do not always accurately reflect class size is due to the accounting formula used for non-teaching certified staff (such as librarians and counselors). Another reason may be found in class sched- uling. For example, if a school has a 22-to-1 pupil-to- teacher ratio, the school may be able to hold class size down to 15 students in reading classes by scheduling larger classes in a less intensive discipline. Further illus- tration of the point may help clarify the issue.
Under current state law, an elementary school of 300 students would be provided a minimum of 15 cer- tified instructional staff. If every teacher were an in-class instructor, the school’s actual class size would be twenty students per class. But if the school used the funds to provide two out-of-class instructors, say a librarian and
a counselor, the teacher-to-student ratio would techni- cally remain 1:20 but the actual class size would be 23 students per in-class instructor (assuming all classes are of equal size). Regardless, no significant improvement in student learning occurs until class sizes are reduced far below this level—which could require nearly dou- bling the resources currently allotted to K-12 public education.
Although pupil-to-teacher ratios and actual class size rankings receive a great deal of political attention, the real value of these measures should be weighed against their effect on student achievement. This effect, accord- ing to the evidence explored here, is, in most circum- stances, likely quite minimal.
In fall of 2000, more than 70 percent of Washing- ton state voters said “yes” to I-728 touted as a class size reduction initiative. The official ballot title, however,
was “Shall school districts reduce class sizes, extend learn- ing programs, expand teacher training, and construct facilities, funded by lottery proceeds, existing property taxes, and budget reserves?”
According to the initiative, money from the “lot- tery proceeds, existing property taxes, and budget re- serves” would be placed in smaller funds outside the general fund, thus exempting them from the state spend- ing limit (I-601).
With passage of I-728, lottery revenue that has for years been deposited into the state general fund for edu- cation now goes directly to smaller education-related accounts: the Student Achievement Fund and the Edu- cation Construction Fund. A portion of proceeds from the state property tax equal to $140 per full-time equiva- lent student in 2001 and increasing to $450 per FTE student in 2004 (at the rate of inflation thereafter) is also forwarded to the Student Achievement Fund.
Money in the Student Achievement Fund is dis- tributed directly to school districts where officials may decide how best to use the funds within certain limita- tions, but not necessarily to reduce class sizes. While the district could use its Student Achievement Fund alloca- tion to reduce K-4 class sizes or reduce the size of select 5-12 classes, it can also spend that money to provide ex- tended learning opportunities, compensation for teachers’ professional development and extended contracts, pre-kin- dergarten, and school building improvement.
Conclusion
Concern about the condition of our public school system has not dissipated over the last decade and a half.
Parents, policymakers and educators remain desperate to improve public education, and despite the expense and limited success of class size reduction, it remains a popular solution. The primary harm inherent in compre- hensive class size reduction efforts is in the opportunity cost of the expended taxpayer funds and the energy of the individuals in- volved. For some students, class size reduc- tion may offer increased potential of achievement. It may also offer teachers more time and less stress. But as a comprehensive attempt at increasing student achievement, it has little, if any, demonstrable positive effect. Because the results of class size reduction ef- forts are negligible, the considerable resources
Effect of Initiative 728
During the 2001 fiscal year, half the lottery revenue is forwarded to the new Student Achievement Fund and half to the Education Construction Fund. During the following two fiscal years, 75% of lottery proceeds will go to the Student Achievement Fund and 25% to the Education Construction Fund. Beginning July 1, 2004, all lottery revenue will go to the Education Construction Fund.
75% of revenues in excess of the Emergency Reserve Fund limit (the limit is an estimated 5% of annual General Fund revenue) will go to the Student Achievement Fund until Washington per- student education funding reaches 90% of the national average. After reaching 90% funding, these transfers will only be made as necessary to maintain that level of funding.
(human and financial) are mostly wasted. More wor- thy, but more controversial efforts, such as improving teacher quality, are not pursued.
Policymakers need to ask themselves how they can make the best, most effective, use of limited resources. Numerous reform options are available. It is important to remember that schools will vary in strengths and weak- nesses, so a one-size-fits-all strategy is likely to be ineffi- cient. Decisions are best made locally, school by school, class by class, teacher by teacher. If children are to be well-educated, we must be willing to focus on practices and models that are successful for students.
Recommendations
Decisions regarding how many students should be in each classroom ought to be made by local schools. The appropriate number of students will vary depending on the age and preparedness of the students, the subject matter, the experience level of each teacher, and the instructional delivery model of each school.
Class size reductions must be part of a larger plan that also identifies or provides for increased teachers, facilities and related costs such as costs for utilities, custodial and clerical services.
Demonstration models, with objective evaluation criteria, should be completed first, before making expensive system-wide class size reductions.
The legislature should commission a review of a representative sample of school districts to deter- mine how the I-728 funds are actually spent. A public report should result.
Endnotes
National Education Association, Resolution B-6, 1998- 99.
United States Department of Education, Reducing Class Size: What Do We Know? SAI 98-3027 (May 1998), 6. <http://www.ed.gov/pubs/ReducingClass/ research.html>.
National Conference of State Legislators, Class Size Reduction, (updated April 1, 1998) 1.
West Ed Policy Support Program, “Class Size Update Page” (February-March 1998) quoted in Debra Viadero, “Small Classes: Popular, But Still Unproven,” Education Week 18 February 1998 <www.edweek.org/ ew/vol-17/23class.h17>.
Andrew J. Coulson, Human Life, Human Organization and Education, Education Policy Analysis Vol.2 No.9, 3 June 1994, 22 .
Coulson, Human Life and Andrew J. Coulson, A Response to John Covaleskie, Education Policy Analysis Archives, Vol.2 No 12, 10 August 10 1994, 5.
U.S. Dept. of Ed. Reducing, 2.
National Conference of State Legislators, Class Size Reduction, 1.
Julie Davis Bell, “Smaller=Better?” State Legislatures, (National Conference of State Legislatures, June 1998), 1.
“Do More Teachers Mean Better Education?” Investor’s
Business Daily 30 September 1998.
Thomas Toch and Betsy Streisand, “Does Class Size Matter?” U.S. News and World Report, 13 October 1997.
Eric A. Hanushek, The Evidence on Class Size, Occa- sional Paper Number 98-1 (Rochester, NY: W. Allen Wallis Institute of Political Economy, University of Rochester, 1998), 16.
National Conference of State Legislators, “Class Size Reduction,” p. 1.
Hanushek, Class Size, 19.
John Gittelsohn, “Lessons from Japan,” Orange County Register 26 April 1998, as found in West Ed Policy Support Program, “Class Size Update.”
Hanushek, Class Size, 26.
U.S. Dept. of Ed. Reducing, 3-4.
“Class Size Reduction: Lessons Learned from Experi- ence,” West Ed Policy Brief No. 23 (August 1998), 2.
U.S. Dept. of Ed. Reducing, 4.
U.S. Dept. of Ed. Reducing, 6-7.
Viadero, “Small Classes,” Education Week
Hanushek, Class Size, 27.
Viadero, “Small Classes,” Education Week, 2.
Hanushek, Class Size, 27-29.
Viadero, “Small Classes,” Education Week 2.
Hanushek, Class Size, 30.
27. Ibid., 31.
28. Ibid., 32.
29. Ibid., 30.
State of Wisconsin, Department of Public Instruction, “Governor signs SAGE initiative into law!”, SAGE Newsletter, (September 1995), <http:// www.dpi.state.wi.us/oea/sage/sept1995.html>.
U.S. Dept. of Ed. Reducing, 5-7.
Joseph H. Quick, “The Wisdom of Investing in Class Size Reduction,” Wisconsin School News; reprinted by Madison School District, Wisconsin, (January 1998),
U.S. Dept. of Ed. Reducing, 7.
Scott Bean, California Department of Education, personal conversation with David Boze, EFF Research Analyst.
Ken Hoover, “State Data Hint Smaller Classes Are Effective, Modest improvement noted on test scores,” San Francisco Chronicle 29 December 1998, (www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/ archive/1998/12/29/MN6622.DTL).
Toch and Streisand, “Class Size?,” U.S. News and World Report.
Erica Olsen, “Class size reduction is not the answer to Nevada’s failing education system,” (Nevada Policy Research Institute, 3 February 1997) <www.npri.org/ issues/class_size.htm>.
Toch and Streisand, “Class Size?,” U.S. News and World
Report, 5. AND Viadero, “Small Classes,” Education Week, 2-3.
Toch and Streisand, “Class Size?,” U.S. News and World Report 5.
“Class Size: Lessons Learned,” West Ed No. 23, 4-5
Ibid., 5.
Julian Guthrie, “Teachers: One class size fits all,” San Francisco Examiner, 8 March 1998, 1 <www.sfgate.com/ cgi-bin/article.cgi?file=/examiner/archive/1998/03/08/ NEWS5653.dtl>; Toch and Streisand, “Class Size ?,”
U.S. News and World Report, 2.
National Conference of State Legislators, “Class Size Reduction,” 2-3.
Joetta Sack, “Critics Doubt Teacher Plan’s Effective- ness,” Education Week, 28 October 1998.
Jay Mathews and Valerie Strauss, “Should Classes Be Smaller?,” Washington Post, December 1997: 1.
<www.middleweb.com/WPCLSz.html>; S. Paul Wright, Sandra P. Horn, and William L. Sanders, “Teacher and Classroom Context Effects on Student Achievement: Implications for Teacher Evaluation,” Journal of Personnel Evaluation in Education, Volume 11 (1997), 61.
“Class Size: Lessons Learned,” West Ed No. 23, 8.
U.S. Dept. of Ed. Reducing, 2.
Hanushek, Class Size, 27.
49. Ibid., 27.
Toch and Streisand, “Class Size?,” U.S. News and World Report 5.
U.S. Dept. of Ed. Reducing, 2; Toch and Streisand, “Class Size,” U.S. News and World Report, 4.
Wright, Horn, and Sanders, “Teacher and Classroom Context Effects,” Journal of Personnel Evaluation in Education, 57-62.
John S. Barry and Rea S. Hederman Jr., Report Card on American Education: A State-by-State Analysis 1976- 1998, (American Legislative Exchange Council, December 1998), 39.
Toch and Streisand, “Class Size?,” U.S. News and World Report, 4.