"A child's learning is the function more of the characteristics of his classmates than those of the teacher." James Coleman, 1972

Sunday, September 16, 2007

Spellings vs. the Facts (Bilingual Edition)

With her Bachelors Degree in Poli Sci and her on-the-job training as Lead Deconstructor of Public Education, Spellings continues to demonstrate that there is no niche of educational policy that is safe from that painfully familiar Bush brand of swaggering ignorance and grinny denial of the facts.

If she had ever bothered to consult the scientifically-based research that her own Department insists upon when it is in their ideological interests to do so, Spellings would have found ample empirical evidence to support a conclusion contrary to the right-wing ruling of her gut, prominent though it surely is.

The subject this time: English language learners. Ed Week's Mary Ann Zehr has this:

I raised this issue when blogging that U.S. Secretary of Education Margaret Spellings has objected to a provision in the House Education and Labor Committee's "discussion draft" for reauthorizing the No Child Left Behind Act involving English-language learners. The provision would permit school districts to give ELLs state tests in their native languages for up to five years, with the option of extending that time for two more years on a case-to-case basis. "That's simply too long," Ms. Spellings wrote in a letter to leaders of the committee, and added that the provision would provide an incentive to "slow down" the learning of English rather than speed it up. Now, states can give students tests in their native languages for three years, with an option of extending that time for two additional years.

Some people in the field think extending the amount of time for students to take native-language tests will encourage more school districts to offer bilingual education. The secretary's comment prompts me to speculate that by saying that permitting the use of native-language tests for many years is a disincentive to speed up the learning of English, she is also meaning to imply that providing bilingual education for a long time may "slow down" the learning of English.

I might be wrong to make such an assumption but, regardless, I put the following question to two experts in the field: Is the learning of English by students slowed down by some kinds of bilingual education?

Both researchers agree that English-language learners in grades 1-3 taking bilingual education may not test as well on an English test as ELLs in English-only programs, but by the end of elementary school, the scores on English tests even out.

Here's an excerpt from an answer by Deborah Palmer, an assistant professor of bilingual/bicultural education at the University of Texas, Austin: "Kids in bilingual programs often don't test in English in the early elementary grades as [well as] kids in English-only programs, but those test scores even out by 4th or 5th grade, and bilingual education kids will stay higher over the long term, into middle and high school, and be more successful academically in English and other areas. English-only/English-as-a-second-language instructed kids, meanwhile, tend to lose ground after 3rd grade, and show a flat or even downward trend in test scores in middle and high school. I'm referring here to two large-scale studies: Ramirez et. al. (1992) and Thomas and Collier (2003)."

Donna Christian, the president of the Center for Applied Linguistics, got some input from researchers at her center and responded with the following comments:

"I assume that 'learning of English' includes oral language and literacy (and probably learning of academic content through English). ... It's not accurate to say that the learning of English is slowed down because students are learning two languages at the same time. The students who are becoming bilingual may be on a slightly different trajectory in their English-language development than their English-only peers or their English-language-learner peers who are receiving instruction all in English. ... Our research in two-way immersion programs shows that ELLs who begin the program by 1st grade are quite proficient in oral English by 3rd grade. Literacy skills in English show a lot of variation, some of which relates to the grade level at which literacy instruction begins in the program."

"...In the early years of elementary school (grades K-3), ELL students who learn through two languages may score lower on English-medium tests than students who are instructed only through English; however, by the end of elementary school, ELL students in two-way and developmental programs tend to score at least as high as, and often higher than, ELL students who learn through English only. By the time students are in middle school, ELL students in dual-language programs tend to achieve at higher levels than students who only study through English. So not only do ELL students in dual-language programs achieve as well in English as their ELL peers who study only in English, but unlike most of their peers, they can read, write, and speak in their native language as well."

(Ms. Christian clarifies in her e-mail that she's referring to the kind of bilingual programs that provide instruction in two languages through elementary school. Those programs differ from transitional bilingual education programs, which typically move children into full-time English instruction after a few years of bilingual education.) . . . .


Saturday, September 15, 2007

Grandpa Fred on NCLB

I know it's difficult to master the Spellings education doublespeak that offers local control and centralized sanctions, or is that local sanctions and centralized control. But Grampa Fred has a long way to go:

. . . . Earlier, Thompson told a crowd in Jacksonville that Bush's signature education program isn't working and that he would provide federal education money with fewer strings attached.

"We've been spending increasing amounts of federal money for decades, with increasing rules, increasing mandates, increasing regulations," Thompson said. "It's not working."

He added that there are problems with Bush's No Child Left Behind program, which requires annual testing and punishes schools that don't make progress.

"No Child Left Behind — good concept, I'm all for testing — but it seems like now some of these states are teaching to the test and kind of making it so that everybody does well on the test — you can't really tell that everybody's doing that well. And it's not objective," Thompson said.

Instead, he said the federal government should be providing block grants as long as states set up objective testing programs.

He said his message to states would be, "We expect you to get objective testing done and publicize those tests for the local parents and for the local citizens and suffer the political ramifications locally if things don't work out right."

The former star of NBC's "Law & Order" was responding to a question as he began a three-day bus tour of Florida, his first visit to the state since announcing his candidacy last week. A woman asked what he would do for education. He told her decisions on how schools are run should be made by local and state officials, not dictated out of Washington.

Thompson voted for the No Child Left Behind law in 2001, as did most of his fellow senators.

"It's your responsibility," he said. "If you don't like what's going on, don't get in your car and drive by your school board and maybe drive by the capitol and get on an airplane and fly to Washington and say, 'I don't like the way the school down the street is being run.'"


Got that? That's okay--he has trouble remembering Terry Schiavo, too.

Mychal Bell of Jena Six Gets Redo

The corruption and blatant racism in the conviction of Mychal Bell and the Jena Six have been exposed. The reaction in Louisiana? Try him again, this time in Juvenile Court. Would you call this double jeopardy lite?

From NYTimes:

NEW ORLEANS, Sept. 14 — A Louisiana appeals court on Friday overturned the conviction of an African-American high school student who was accused of the beating of a white classmate in case that has become a flashpoint for accusations of racial bias in the state’s judicial system.

The student, Mychal Bell, 17, was one of six black teenagers accused in the beating of a schoolmate in the northern Louisiana town of Jena last December. Mr. Bell was the first accused student to face trial, and his conviction on charges of conspiracy and aggravated battery drew accusations that prosecutors were biased.

His lawyers argued that Mr. Bell was not old enough to be tried as an adult and that the maximum penalty that he faced — 22 years in prison — was excessive. Facing increasing pressure from national civil rights groups, prosecutors in recent weeks have reduced the charges against some of the other defendants, who are yet to face trial.

On Sept. 4, Mr. Bell’s conviction on conspiracy charges was overturned by another judge.

A lawyer for Mr. Bell, Louis Scott, said in a telephone interview Friday night that his client felt a sense of relief at the decision but is still concerned by the prospect of another trial in Juvenile Court.

“I explained it to Mychal in football terms,” Mr. Scott said. “We started the game down by a touchdown and a field goal. On Sept. 4, we got the field goal. Today, we got the touchdown. Now, we get to start the game all over again.”

The teenagers, who have come to be known as the Jena Six, were originally charged with attempted murder in the beating of a classmate, Justin Barker, who was injured in a brawl that was sparked by racial taunts, including the dangling of hangman’s nooses from a tree.

California Teachers to Washington: ENOUGH!

If you are a member of the teaching profession who received a copy of the NEA Code of Ethics when you became a member, you must be wondering if Reg Weaver and Joel Packer have ever read that document, or if they just ripped it up as a condition of joining Sandy Kress and Margaret Spellings for their private fast-track school corporatization klatch with Miller and Kennedy.

It appears assured now that the NEA Suits have decided to get in bed with the coniberal globalizers, while their members and the children they teach are turned into passive consuming robots incapable of making the independent, critical decisions that free people require.

It is past time that teaching, the noblest labor, take back the professional organizations that have abandoned them. If you are looking for model, here's one:

BURLINGAME – Moving to stop more federal attacks on our students, educators and public schools, the 340,000-member California Teachers Association today kicked off a statewide campaign calling on Congress to vote no on the proposal by California Rep. George Miller and Speaker Nancy Pelosi to reauthorize the failed “No Child Left Behind Act.”

Flanked by the CTA Board of Directors at a news conference, CTA President David A. Sanchez warned that House Speaker Pelosi of San Francisco and Rep. Miller, D-Martinez, who co-authored NCLB with Senator Edward Kennedy, have failed to make any substantive improvements.

California’s teachers “have had enough of the so-called No Child Left Behind Act,” Sanchez said. “It is hurting our students, our schools and our teachers. Unfortunately, the Miller/Pelosi reauthorization plan would only make the law worse. It does nothing to improve student learning and would place even more undue emphasis on test scores, create new sanctions for struggling schools, make it harder to attract and retain teachers, undermine local control, and erode employee rights.”

Sanchez said the proposal that mandates merit pay for teachers based on the test scores of students is insulting. “Test scores alone don’t measure student achievement and shouldn’t be the only method for paying or evaluating teachers.”

Instead of backing changes that punish students, teachers and schools, Pelosi and Miller should be supporting the proven reforms that teachers and parents know will help. CTA is advocating for a law that restores the federal class size reduction program, provides resources for quality teacher training, mentors for new teachers, and provides programs that promote parental and family involvement in our schools.

Sanchez also called on Congress not to repeat the mistakes of the past. “Congress should not rush through this process, as the future of our public schools depends on this law.”

Miller and Pelosi have placed the reauthorization on a fast track. Draft language was released just before midnight last Thursday, with the first congressional hearing called today. California’s teachers are in Washington D.C. for the hearing. A vote on the proposed legislation could come as early as next month.

No Child Left Behind is the misleading name given to the 2002 reauthorization of the federal Elementary and Secondary Education Act, which was approved by Congress in 1965 to help the nation’s most struggling schools with federal funding and is renewed every five years. In addition to its unfair sanctions, NCLB has been massively underfunded by President Bush and Congress – by $56 billion nationwide, and more than $7 billion in California.

A 2006 study by the Harvard Civil Rights Project found that the law has not helped narrow the student achievement gap and has shortchanged schools that serve mostly disadvantaged, minority students with its overemphasis on sanctions rather than assistance, said Mignon Jackson, a teacher at Paul Revere Middle School in the Los Angeles Unified School District.

“Students at risk deserve better,” Jackson said. “If we’re going to close the achievement gap, we need to give our schools support, not sanctions.”

With its one-size-fits-all approach to learning, NCLB attempts to standardize students by relying too much on teaching to standardized tests at the expense of important subjects like art, music, foreign language and physical education, warned Eric Heins, a Bay Area teacher in the Pittsburg Unified School District.

“The overemphasis that this law puts on testing our students and the time required preparing them for tests takes valuable time away from what teachers really need and want to do to help students learn and think,” Heins said.

“Teachers at my school and in districts around the state work together and support one another,” said Bonnie Shatun, a teacher in the Burbank Unified School District. “All of this benefits students. This proposal would destroy that.”

In coming weeks, CTA members will be contacting every member of the California congressional delegation and urging a no vote on the current proposals. The statewide effort will also include grassroots mobilizing and a public awareness campaign. For more information visit the CTA website at www.cta.org.

###

The 340,000-member CTA is affiliated with the 3.2 million-member National Education Association.

Friday, September 14, 2007

Shock Treatment: The One Punishment That Fits All

For children who can't be duped or doped into compliant behavior, there is one place parents can still go to get the the kind of ultimate behavior modification treatment for their children that state prison guards are not even allowed to use on adults. That's not a book in that child's backpack--that's a battery for administering shock treatments.

Could the Rotenberg Center be the next alternative schooling model for America?

From Mother Jones:
. . . .

One Punishment Fits All

The story of the Rotenberg Center is in many ways a tale of two schools. Slightly more than half the residents are what the school calls "high functioning": kids like Rob and Antwone, who have diagnoses like attention-deficit disorder, bipolar disorder, post-traumatic stress disorder, and other emotional problems. The other group is even more troubled. Referred to as "low functioning," it includes kids with severe autism and mental retardation; most cannot speak or have very limited verbal abilities. Some have behaviors so extreme they can be life threatening: chomping on their hands and arms, running into walls, nearly blinding themselves by banging their heads on the floor again and again.

The Rotenberg Center has long been known as the school of last resort—a place that will take any kid, no matter how extreme his or her problems are. It doesn't matter if a child has been booted out of 2, 5, 10, or 20 other programs—he or she is still welcome here. For desperate parents, the Rotenberg Center can seem like a godsend. Just ask Louisa Goldberg, the mother of 25-year-old Andrew, who has severe mental retardation. Andrew's last residential school kicked him out after he kept assaulting staff members; the Rotenberg Center was the only place willing to accept him. According to Louisa, Andrew's quality of life has improved dramatically since 2000, when he was hooked up to the shock device, known as the Graduated Electronic Decelerator, or ged.

The Rotenberg Center has a policy of not giving psychiatric drugs to students—no Depakote, Paxil, Risperdal, Ritalin, or Seroquel. It's a policy that appeals to Louisa and many other parents. At Andrew's last school, she says, "he had so many medicines in him he'd take a two-hour nap in the morning, he'd take a two-hour nap in the afternoon. They'd have him in bed at eight o'clock at night. He was sleeping his life away." These days, Louisa says she is no longer afraid when her son comes home to visit. "[For him] to have an electrode on and to receive a ged is to me a much more favorable way of dealing with this," she says. "He's not sending people to the hospital."

Marguerite Famolare brought her son Michael to the Rotenberg Center six years ago, after he attacked her so aggressively she had to call 911 and, in a separate incident, flipped over a kitchen table onto a tutor. Michael, now 19, suffers from mental retardation and severe autism. These days, when he comes home for a visit, Marguerite carries his shock activator in her purse. All she has to do, she says, is show it to him. "He'll automatically comply to whatever my signal command may be, whether it is 'Put on your seatbelt,' or 'Hand me that apple,' or 'Sit appropriately and eat your food,'" she says. "It's made him a human being, a civilized human being."

Massachusetts officials have twice tried to shut the Rotenberg Center down—once in the 1980s and again in the 1990s. Both times parents rallied to its defense, and both times it prevailed in court. (See "Why Can't Massachusetts Shut Matthew Israel Down?" page 44.) The name of the center ensures nobody forgets these victories; it was Judge Ernest Rotenberg, now deceased, who in the mid-'80s ruled that the facility could continue using aversives—painful punishments designed to change behavior—so long as it obtained authorization from the Bristol County Probate and Family Court in each student's case. But even though the facility wasn't using electric shock when this ruling was handed down, the court rarely, if ever, bars the Rotenberg Center from adding shock to a student's treatment plan, according to lawyers and disability advocates who have tried to prevent it from doing so.

Since Evelyn Nicholson filed her lawsuit in 2006, the Rotenberg Center has faced a new wave of criticism and controversy. (See "Nagging? Zap. Swearing? Zap," page 41.) And again, the facility has relied heavily on the testimonials of parents like Louisa Goldberg and Marguerite Famolare to defend itself. Not surprisingly, the most vocal parent-supporters tend to be those with the sickest children, since they are the ones with the fewest options. But at the Rotenberg Center, the same methods of "behavior modification" are applied to all kids, no matter what is causing their behavior problems. And so, while Rob would seem to have little in common with mentally retarded students like Michael and Andrew, they all shared a similar fate once their parents placed them under the care of the same psychologist, a radical behaviorist known as Dr. Israel.

Dr. Israel's Radical Behavior

In 1950, Matt Israel was a Harvard freshman looking to fill his science requirement. He knew little about B.F. Skinner when he signed up for his course, Human Behavior. Soon, though, Israel became fascinated with Skinner's scientific approach to the study of behavior, and he picked up Walden Two, Skinner's controversial novel about an experimental community based on the principles of behaviorism. The book changed Israel's life. "I decided my mission was to start a utopian community," he says. Israel got a Ph.D. in psychology in 1960 from Harvard, and started two communal houses outside Boston.

One of the people Israel lived with was a three-year-old named Andrea, the daughter of a roommate. The two did not get along. "She was wild and screaming," Israel recalls. "I would retreat to my own room, and she'd be trying to pull away and get into my room, and I'd have to hold the door on one side to keep her from disturbing me." When company would come over, he says, "She would walk around with a toy broom and whack people over the head."

Through experiments with rats and pigeons, Skinner had demonstrated how animals learn from the consequences of their actions. With permission from Andrea's mother, Israel decided to try out Skinner's ideas on the three-year-old. When Andrea was well behaved, Israel took her out for walks. But when she misbehaved, he punished her by snapping his finger against her cheek. His mentor Skinner preached that positive reinforcement was vastly preferable to punishment, but Israel says his methods transformed the girl. "Instead of being an annoyance, she became a charming addition to the house."

Israel's success with Andrea convinced him to start a school. In 1971, he founded the Behavior Research Institute in Rhode Island, a facility that would later move to Massachusetts and become known as the Judge Rotenberg Center. Israel took in children nobody else wanted—severely autistic and mentally retarded kids who did dangerous things to themselves and others. To change their behavior, he developed a large repertoire of punishments: spraying kids in the face with water, shoving ammonia under their noses, pinching the soles of their feet, smacking them with a spatula, forcing them to wear a "white-noise helmet" that assaulted them with static.

In 1977, Israel opened a branch of his program in California's San Fernando Valley, along with Judy Weber, whose son Tobin is severely autistic. Two years later, the Los Angeles Times reported Israel had pinched the feet of Christopher Hirsch, an autistic 12-year-old, at least 24 times in 30 minutes, while the boy screamed and cried. This was a punishment for soiling his pants. ("It might have been true," Israel says. "It's true that pinches were being used as an aversive. The pinch, the spank, the muscle squeeze, water sprays, bad taste—all those procedures were being used.") Israel was in the news again in 1981, when another student, 14-year-old Danny Aswad, died while strapped facedown to his bed. In 1982, the California Department of Social Services compiled a 64-page complaint that read like a catalog of horrors, describing students with bruises, welts, and cuts. It also accused Israel of telling a staff member "to grow his fingernails longer so he could give an effective pinch."

In 1982, the facility settled with state officials and agreed to stop using physical punishments. Now called Tobinworld, and still run by Judy Weber, it is a $10-million-a-year organization operating day schools near Los Angeles and San Francisco. The Rotenberg Center considers itself a "sister school" to Tobinworld, and Israel makes frequent trips to California to visit Weber. The two were married last year.

Despite his setback in California, Israel continued to expand on the East Coast—and to generate controversy. In 1985, Vincent Milletich, an autistic 22-year-old, suffered a seizure and died after he was put in restraints and forced to wear a white-noise helmet. Five years later, 19-year-old Linda Cornelison, who had the mental capacity of a toddler, refused to eat. On the bus to school, she clutched her stomach; someone had to carry her inside, and she spent the day on a couch in a classroom. Linda could not speak, and the staff treated her actions as misbehaviors. Between 3:52 p.m. and 8 p.m., staffers punished her with 13 spatula spankings, 29 finger pinches, 14 muscle squeezes, and 5 forced inhalings of ammonia. It turned out that Linda had a perforated stomach. She died on the operating table at 1:45 a.m.

The local district attorney's office examined the circumstances of Vincent's death but declined to file any charges. In Linda's case, the Massachusetts Department of Mental Retardation investigated and found that while Linda's treatment had "violated the most basic codes and standards of decency and humane treatment," there was insufficient evidence to prove that the use of aversives had caused her death.

By the time Linda died, Israel was moving away from spatulas and toward electric shock, which, from his perspective, offered many advantages. "To give a spank or a muscle squeeze or a pinch, you had to control the student physically, and that could lead to a struggle," he says. "A lot of injuries were occurring." Since shocking only required pressing a button, Israel could eliminate the need for employees to wrestle a kid to the ground. Another benefit, he says, was increased consistency. It was hard to know if one staff member's spatula spanking was harder than another's, but it was easy to measure how many times a staff member had shocked a child.

Israel purchased a shock device then on the market known as sibis—Self-Injurious Behavior Inhibiting System—that had been invented by the parents of an autistic girl and delivered a mild shock that lasted .2 second. Between 1988 and 1990, Israel used sibis on 29 students, including one of his most challenging, Brandon, then 12, who would bite off chunks of his tongue, regurgitate entire meals, and pound himself on the head. At times Brandon was required to keep his hands on a paddle; if he removed them, he would get automatic shocks, one per second. One infamous day, Brandon received more than 5,000 shocks. "You have to realize," Israel says. "I thought his life was in the balance. I couldn't find any medical solution. He was vomiting, losing weight. He was down to 52 pounds. I knew it was risky to use the shock in large numbers, but if I persevered that day, I thought maybe it would eventually work. There was nothing else I could think of to do...but by the time it went into the 3,000 or 4,000 range, it became clear it wasn't working."

This day was a turning point in the history of Israel's operation—that's when he decided to ratchet up the pain. The problem, he decided, was that the shock sibis emitted was not strong enough. He says he asked sibis's manufacturer, Human Technologies, to create a more powerful device, but it refused. "So we had to redesign the device ourselves," he says. He envisioned a device that would start with a low current but that could increase the voltage if needed—hence its name, Graduated Electronic Decelerator or ged—but he abandoned this idea early on. "As it turns out, that's really not a wise approach," he says. "It's sort of like operating a car and wearing out the brakes because you never really apply them strongly enough. Instead, we set it at a certain level that was more or less going to be effective for most of our students."

Thirty years earlier, O. Ivar Lovaas, a psychology professor at ucla, had pioneered the use of slaps and screams and electric jolts to try to normalize the behavior of autistic kids. Life magazine featured his work in a nine-page photo essay in 1965 with the headline, "A surprising, shocking treatment helps far-gone mental cripples." Lovaas eventually abandoned these methods, telling cbs in 1993 that shock was "only a temporary suppression" because patients become inured to the pain. "These people are so used to pain that they can adapt to almost any kind of aversive you give them," he said.

Israel encountered this same sort of adaptation in his students, but his solution was markedly different: He decided to increase the pain once again. Today, there are two shock devices in use at the Rotenberg Center: the ged and the ged-4. The devices look similar and both administer a two-second shock, but the ged-4 is nearly three times more powerful—and the pain it inflicts is that much more severe.

The Mickey Mouse Club

Ten years ago, Israel hung up a Mickey Mouse poster in the main hall, and he noticed that it made people smile—so he bought every Mickey Mouse poster he could find. He hung them in the corridors and even papered the walls of what became known as the Mickey Mouse Conference Room. Entering the Rotenberg Center is a bit like stepping into a carnival fun house, I discovered during a two-day visit last autumn. Two brushed-aluminum dogs, each nearly 5 feet tall and sporting a purple neon collar, stand guard outside. Giant silver stars dangle from the lobby ceiling; the walls and chairs in the front offices are turquoise, lime green, and lavender.

Israel, 74, still holds the title of executive director, for which he pays himself nearly $400,000 in salary and benefits. He appears utterly unimposing: short and slender with soft hands, rounded shoulders, curly white hair, paisley tie. Then he sits down beside me and, unprompted, starts talking about shocking children. "The treatment is so powerful it's hard not to use if you have seen how effective it is," he says quietly. "It's brief. It's painful. But there are no side effects. It's two seconds of discomfort." His tone is neither defensive nor apologetic; rather, it's perfectly calm, almost soothing. It's the sort of demeanor a mother might find comforting if she were about to hand over her child.

. . . .

Rogue Science

In 1994, matthew israel had just 64 students. Today he has 234. This astonishing rate of growth is largely the result of a dramatic change in the types of students he takes in. Until recently, nearly all were "low functioning," autistic and mentally retarded people. But today slightly more than 50 percent are "high functioning," with diagnoses like add, adhd, and bipolar disorder. New York state supplies the majority of these students, many of whom grew up in the poorest parts of New York City. Yet despite this change in his population, Israel's methods have remained essentially the same.

Israel has long faced criticism that he has not published research about his use of electric shocks in peer-reviewed journals, where experts could scrutinize it. To defend his methods, he points to a bibliography of 110 research articles that he's posted on the Rotenberg Center website. This catalog seems impressive at first. Studied more closely, however, it is not nearly so convincing. Three-quarters of the articles were published more than 20 years ago. Eight were written or cowritten by Lovaas, the ucla-affiliated behaviorist. One of America's leading autism experts, Lovaas long ago stopped endorsing painful aversives. And Lovaas' old studies focus primarily on children with autism who engage in extreme self-injury—not on troubled teens who have been diagnosed with adhd or add.

But then, it would be hard for Israel to find contemporary research supporting his program, because the practice of treating self-abusive kids with pain has been largely abandoned. According to Dr. Saul Axelrod, a professor at Temple University and an expert on behavior modification, "the field has moved away from painful stimuli because of public outcry and because we've devised better techniques," including determining the cause of an individual's self-abuse.

Another expert Israel cites several times is Dr. Brian A. Iwata, a consultant on the development of sibis, the device Israel modified to create his ged. Now a professor of psychology and psychiatry at the University of Florida, he's a nationally recognized authority on treating severe self-abuse among children with developmental disabilities. Iwata has visited the Rotenberg Center and describes its approach as dangerously simplistic: "There appears to be a mission of that program to use shock for problem behaviors. It doesn't matter what that behavior is." Iwata has consulted for 25 states and says there is little relationship between what goes on at Israel's program and what goes on at other facilities. "He may have gotten his Ph.D. at Harvard, but he didn't learn what he's doing at Harvard. Whatever he's doing, he decided to do on his own."

Paul Touchette, who also studied with B.F. Skinner, has known Israel since the 1960s when they were both in Cambridge. Like Israel, Touchette went on to treat children with autism who exhibit extreme self-abuse, but he isn't a fan of Israel's approach either. "Punishment doesn't get at the cause," says Touchette, who is on the faculty of the University of California-Irvine School of Medicine. "It just scares the hell out of patients."

Over the decades, Touchette has followed Israel's career and bumped into him at professional conferences. "He's a very smart man, but he's an embarrassment to his profession," Touchette says. "I've never been able to figure out if Matt is a little off-kilter and actually believes all this stuff, or whether he's just a clever businessman."

Big Reward Store

At the rotenberg center, an elaborate system of rewards and punishments governs all interactions. Well-behaved kids can watch TV, go for pizza, play basketball. Students who've earned points for good behavior visit a store stocked with dvd players, cds, cologne, PlayStation 2, Essence magazine, knockoff Prada purses—anything the staff thinks students might want. But even more prized is a visit to the "Big Reward Store," an arcade full of pinball machines, video games, a pool table, and the most popular feature, a row of 42-inch flat-screen TVs hooked up to Xbox 360s.

Students like the "brs" for another reason—it's the only place many can socialize freely. At the Rotenberg Center, students have to earn the right to talk to each other. "We had to wait until we were in brs to communicate with others," says Isabel Cedeño, a 16-year-old who ran away from Rotenberg in 2006 after her boyfriend, a former student, came and got her. "That was the only time you really laughed, had fun, hung around with your friends. Because usually, you can't talk to them. It was basically like we had to have enemies. They didn't want us to be friendly with nobody."

Students live grouped together in homes and apartments scattered in nearby towns and are bused to the facility's headquarters every morning. They spend their days in classrooms, staring at a computer screen, their backs to the teacher. They are supposed to teach themselves, using self-instruction programs that include lessons in math, reading, and typing. Even with breaks for gym and lunch, the days can be incredibly dull. "On paper, it does look like they're being educated, because we have lesson plans," says former teacher Jessica Croteau, who oversaw a classroom of high-functioning teens for six months before leaving in 2006. But "to self-teach is not exciting. Why would the kids want to sit there and read a chapter on their own without any discussion?"

Croteau says teachers have to spend so much time monitoring misbehaviors there's often little time left for teaching. Whenever a student disobeys a rule, a staff member must point it out, using the student's name and just one or two rote phrases like, "Mark, there's no stopping work. Work on your task, please." Each time a student curses or yells, a staffer marks it on the student's recording sheet. Teachers and aides then use the sheet to calculate what level of punishment is required—when to just say "No!" and when to shock.

Employees carry students' shock activators inside plastic cases, which they hook onto their belt loops. These cases are known as "sleds," and each sled has a photo on it to ensure employees don't zap the wrong kid.

Behaviorism would seem to dictate that staff shock students immediately after they break the rules. But if employees learn about a misbehavior after it has occurred—by, say, reviewing surveillance footage—they may still administer punishment. Rob Santana recalls that Mondays were always the most stressful day of the week. He would sit at his desk all day, trying to remember if he had broken any rules over the weekend, waiting to see if he'd be shocked.

Employees are encouraged to use the element of surprise. "Attempt to be as discreet as possible and hold the transmitter out of view of the student," states the employee manual. This way, students cannot do anything to minimize the pain, like flipping over their electrodes or tensing their muscles. "We hear the sound of [a staffer] picking up a sled," says Isabel, the former student. "Then we turn around and see the person jump out of their seat."

Employees shock students for a wide range of behaviors, from violent actions to less serious offenses, like getting out of their seats without permission. In 2006, the New York State Education Department sent a team of investigators, including three psychologists, to the Rotenberg Center, then issued a scathing report. Among its many criticisms was that the staff shocked kids for "nagging, swearing, and failing to maintain a neat appearance." Israel only disputes the latter. As for nagging and swearing? "Sometimes a behavior looks innocuous," he says, "but if it's an antecedent for aggression, it may have to be treated with an aversive."

New York officials disagreed, and in January 2007 issued regulations that would prohibit shocking New York students for minor infractions. But a group of New York parents filed a federal lawsuit to stop the state from enforcing these regulations. They prevailed, winning a temporary restraining order against the state, one that permits the Rotenberg Center staffers to continue using shock. The parents' case is expected to go to trial in 2008.

When they talk about why they use the shock device, Israel and his employees like to use the word "treatment," but it might be more accurate to use words like "convenience" or "control." "The ged—it's two seconds and it's done," says Patricia Rivera, a psychologist who serves as assistant director of clinical services. "Then it's right back to work." By contrast, it can take 8 or 10 employees half an hour or longer to restrain a strong male student: to pin him to the floor, wait for him to stop struggling, then move his body onto a restraint board and tie down each limb. Restraining five or eight kids in a single day—or the same student again and again—can be incredibly time-consuming and sometimes dangerous.

Even with the ged, the stories both students and employees tell make the place sound at times like a war zone: A teenage boy sliced the gym teacher across the face with a cd. A girl stabbed a staffer in the stomach with a pencil. While staff have been contending with injuries ever since Israel opened his facility, the recent influx of high-functioning students, some with criminal backgrounds, has brought a new fear: that students will join forces and riot. Perhaps tellingly, among high-functioning kids most of the violence is directed at the staff, not each other.

"Our Students Have a Tendency to Lie"

Rotenberg staff place the more troubled (or troublesome) residents on 1:1 status, meaning that an aide monitors them everywhere they go. For extremely violent students, the ratio is 2:1. Soon after I arrived, right before I set off on my tour, a small crowd gathered—it seemed that almost the entire hierarchy of the Rotenberg Center was going to follow me around. That's when I realized I'd been put on 5:1. As I began to roam around the school with my escorts, my every move monitored by surveillance cameras, I realized it would be impossible to have a private conversation with any student. The best I could hope for would be a few unscripted moments.

Ten years ago, a reporter visiting Israel's center would have been unable to talk to most students; back then few of them could speak. These days, there are more than 100 high-functioning kids fully capable of voicing their views, and Israel has enlisted a few in his campaign to promote the ged. "If we had only [severely] autistic students, they couldn't talk to you and say, 'Gee, this is really helping me,'" Israel says. "Now for the first time we have students like Katie who can tell you it helped them."

In the world of the Rotenberg Center, Katie Spartichino is a star. She left the facility in the spring of 2006 and now attends community college in Boston. Around noon, a staff member brings her back to the facility to talk to me. We sit at an outdoor picnic table away from the surveillance cameras but there's no privacy: Israel and Karen LaChance, the assistant to the executive director for admissions, sit with us.

Katie, 19, tells me she overdosed on pills at 9, spent her early adolescence in and out of psych wards, was hooked up to the ged at 16, and stayed on the device for two years. "This is a great place," she says. "It took me off all my medicine. I was close to 200 pounds and I'm 160 now." She admits her outlook was less rosy when she first had to wear the electrodes. "I cried," she says. "I kind of felt like I was walking on eggshells; I had to watch everything I said. Sometimes a curse word would just come out of my mouth automatically. So being on the geds and knowing that swearing was a targeted behavior where I would receive a [GED] application, it really got me to think twice before I said something disrespectful or something just plain-out rude."

As Katie speaks, LaChance runs her fingers through Katie's hair again and again. The gesture is so deliberate it draws my attention. I wonder if it's just an expression of affection—or something more, like a reward.

"Do you swear anymore?" I ask.

"Oh, God, all the time," Katie says. She pauses. "Well, I have learned to control it, but I'm not going to lie. When I'm on the phone, curse words come out."

The hair stroking stops. LaChance turns to Katie. "I hope you're not going to tell me you're aggressive."

"Oh, no, that's gone," Katie says. "No, no, no. The worst thing I do sometimes is me and my mom get into little arguments."

For Israel, of course, one drawback of having so many high-functioning students is that he cannot control everything they say. One afternoon, when I walk into a classroom of teenagers, a 15-year-old girl catches my eye, smiles, and holds up a sheet of paper with a message written in pink marker: HELP US. She puts it back down and shuffles it into her stack of papers before anyone else sees. When I move closer, she tells me her name is Raquel, she is from the Bronx, and she wants to go home.

My escorts allow me to interview Raquel while two of them sit nearby. Raquel is not hooked up to the ged, but she has many complaints, including that she has just witnessed one of her housemates get shocked. "She was screaming," Raquel says. "They told her to step up to be searched; she didn't want to step up to be searched, so they gave her one." After 20 minutes, my escorts cut us off. "Raquel, you did a great job—thank you for taking the time," says Patricia Rivera, the psychologist.

Once Raquel is out of earshot, Rivera adds, "Some of the things she said are not true, some of them are. Our students obviously have a tendency to lie about things." She explains that a staff member searches Raquel's housemate every hour because she's the one who recently stabbed an employee with a pencil.

The Rotenberg Center does not have a rule about how old a child must be before he or she can be hooked up to the ged. One of the program's youngest students is a nine-year-old named Rodrigo. When I see him, he is seated outside at a picnic table with his aide. Rodrigo's backpack looks enormous on his tiny frame; canvas straps dangle from both legs.

"He was horrible when he first came in," Rivera says. "It would take five staff to restrain him because he's so wiry." What was he like? "A lot of aggression. A lot of disruptive behavior. Whenever he was asked to do a task that he didn't feel like doing, he would scream, yell, swear. The stuff that would come out of his mouth you wouldn't believe—very sexually inappropriate."

"Rodrigo, come here," one of my escorts says.

Rodrigo walks over, his straps slapping the ground. He wears a white dress shirt and tie—the standard uniform for male students—but because he is so small, maybe 4 feet tall, his tie nearly reaches his thighs. "What's that?" he asks.

"That's a tape recorder," I say. "Do you want to say something?"

"Yeah."

Unfazed by the presence of Israel, Rivera, and my other escorts, Rodrigo lifts a small hand and pulls the recorder down toward his lips. "I want to move to another school," he says.

The Employee-Modification System

To understand how the Rotenberg Center works, it helps to know that it runs not just one behavior-modification program, but two—one for the residents, and one for the staff. Employees have no autonomy. If a staffer believes it's okay to shock a kid who is smashing his head against a wall, but it's not okay to shock someone for getting out of his chair without permission, that could spell trouble. "There's pressure on you to do it," a former teacher told me. "They punish you if you don't."

I met this former teacher at a restaurant, and our meeting stretched on for six hours. At times it felt less like an interview than a confession. "The first time you give someone a ged is the worst one," the teacher said. "You don't want to hurt somebody; you want to help. You're thinking, 'This has got to be okay. This has got to be legal, or they wouldn't be doing this.'" At the Rotenberg Center, it's virtually impossible to discuss such concerns with coworkers because there are cameras everywhere, even in the staff break room. Staff members who want to talk to each other without being overheard may meet up in the parking lot or scribble notes to each other. But it's hard to know whom to trust, since Israel encourages employees to file anonymous reports about their coworkers' lapses.

In addition, staff members are prohibited from having casual conversations with each other. They cannot, for example, say to a coworker, "Hey, did you see the Red Sox game last night?" "We don't want them discussing their social life or the ball games in front of the students or while they're on duty," Israel says. "So we'll sometimes actually have one staffer deliberately start a social conversation with another and we'll see whether the other—as he or she should—will say, 'I don't want to discuss that now.'" Monitors watch these setups on the surveillance cameras and punish staffers who take the bait.

Former employees describe a workplace permeated with fear—fear of being attacked by students and fear of losing their job. There are so many rules—and so many cameras—it's not easy to stay out of trouble. Employees quit or are fired so often that two-thirds of the direct-care employees remain on the job for less than a year.

New employees must sign a confidentiality agreement promising not to talk about the Rotenberg Center—even after they no longer work there. Of the eight ex-employees I interviewed, most did not want to be identified by name for fear of Israel suing them; all were critical of how the ged is used. Maybe, says one, the use of shocks was justified in a few extreme self-injurious cases, but that's all. "Say you had a hospital that was the only hospital in the nation that had chemotherapy, and they were treating people who had the common cold with it," she says. "I think the extreme to which they abuse their power has outweighed what good they do." . . . .


Kucinich on Education Policy

From Huffington Post (interviewed by Charlie Rose):

Rose: This is a user question from William C. Spruiell about education. He says, "If we want to compare school performance, we need a common set of national standards for measuring the performance, but we have a tradition of local control of schools, which means curricula and standards can vary enormously from place to place. How would you go about dealing with these conflicting desires?"

Kucinich: My election will mean the end of No Child Left Behind as a way of achieving the education of our children, because the fact of the matter is, No Child Left Behind has made testing the end-all and be-all of education. Of course, you have to have tests, but you to realize that some school districts, the students have already started out behind. I want a universal pre-kindergarten program so that every child age 3, 4, and 5 will have access to full-quality day care so that they'll learn reading skills and social skills and learn the arts and languages to help them grow so they're ready for the primary schools. And I'm also planning on a universal college education plan where every young American would be able to go to college or a public college or university tuition-free. We have to make education a priority, but all this debate about education and testing is almost beside the point. Our young people are falling farther and farther behind based on where we stand with other nations. We have to start focusing on education. We only spend a fraction of the money on education that we spend on arms buildups. Under a Kucinich administration, education becomes one of the top domestic priorities. We put money into it. We cause the government to be vitally involved in it. And we make sure our children have the love of knowledge. All this stuff about test-taking, we make children good little test-takers under No Child Left Behind. It's the wrong approach to education.

Rose: What's the federal government's responsibility?

Kucinich: Great. It's a great responsibility the federal government has. I'll tell you how I'm going to get the money to fund a No Child Left Behind--excuse me--I'll tell you where I'm going to get the money to fund a universal pre-kindergarten program. A 15 percent cut in the bloated Pentagon budget will yield $75 billion a year that will pay universal pre-kindergarten, as well as more money to fund elementary and secondary education. The government has a major responsibility. After all, an educated populous is core, central to democracy. Charlie, as you walk up the stairs of the Capitol on your way into the House of Representatives, way over the top of that entrance to the House is a statue of a woman whose arm is outstretched, and she is protecting a child who is sitting blissfully next to a pile of books. The title of that sculpture, which is right at the center of our national experience as we walk into the House: Peace Protecting Genius. The goddess of peace protects the child genius. Under a Kucinich administration, peace, strength through peace, focusing on education is going to give our children a chance to unfold in the joy that every child deserves.

Thursday, September 13, 2007

Cato Institute: Dump NCLB

It is a rare occasion that I find reason to post a study from the Cato Institute. Cato has their own extremist agenda, of course, for ending ANY federal participation in state or local school funding, but that fool notion does not detract from the points made here regarding the research that has been and continues to be ignored by Spellings, Miller, and Kennedy all.

From the Courier-Journal:

The looming expiration of the federal No Child Left Behind Act has prompted a flood of commission reports, studies and punditry.

Virtually all of those analyses have assumed that the law should and will be reauthorized, disagreeing only over how it should be revised. They have accepted the law's premises without argument: that government-imposed standards and bureaucratic "accountability" are effective mechanisms for improving American education and that Congress should be involved in their implementation.

Thorough review

In this paper, we put those preconceptions under a microscope and subject NCLB to a thorough review. We explore its effectiveness to date and ask whether its core principles are sound. We find that No Child Left Behind has been ineffective in achieving its intended goals, has had negative unintended consequences, is incompatible with policies that do work, is at the mercy of a political process that can only worsen its prospects, and is based on premises that are fundamentally flawed.

We further conclude that NCLB oversteps the federal government's constitutional limits -- treading on a responsibility that, by law and tradition, is reserved to the states and the people. We therefore recommend that NCLB not be reauthorized and that the federal government return to its constitutional bounds by ending its involvement in elementary and secondary education.

Virtually every study that has weighed in on the future of the No Child Left Behind Act has taken the law's underlying principles as given.

The voluminous "Beyond NCLB: Fulfilling the Promise to Our Nation's Children" report from the Aspen Institute's Commission on No Child Left Behind is typical, declaring that "Commission members . . . were united from the outset in [their] firm commitment to . . . harness the power of standards, accountability and increased student options."

Commission members' commitment to government standards and testing was not a product of their study but a foregone conclusion. Similarly, the "ESEA Reauthorization Policy Statement," published by the Council of Chief State School Officers, promises that "if we follow through," standards-based reform "has the potential to dramatically improve student achievement and meet our education goals."

No defense of, or evidence supporting, this claim is included in the statement. Despite the widespread assumption that government standards and accontability will prove effective, it is unwise to make policy decisions affecting tens of millions of children -- and costing tens of billions of dollars -- on the basis of preconceived, unscrutinized notions.

Assessing no child left behind

NCLB's supporters began declaring the law a success within a few years of its January 2002 passage. In July 2005, for instance, when the National Assessment of Educational Progress released its most recent Trends in Academic Progress report, then-chairman of the House Committee on Education and the Workforce John Boehner, R-Ohio, asserted that "[t]hrough No Child Left Behind, we made it a national priority to improve student achievement and close achievement gaps that have persisted between disadvantaged students and their peers. The culture of accountability is taking root in our nation's schools, and student achievement is on the rise."

In January 2006, Secretary of Education Margaret Spellings was similarly effusive:

"I am pleased to report that No Child Left Behind is working. The long-term Nation's Report Card results released this past summer showed elementary school student math and reading achievement at an all-time high and the achievement gap closing."

This sort of triumphalism has continued ever since, with Secretary Spellings in May 2007 even giving NCLB credit for improving scores on NAEP U.S. history and civics exams, despite the fact that NCLB does not address those subjects:

"For the past five years, No Child Left Behind (NCLB) has focused attention and support on helping students become stronger readers. The release today by The Nation's Report Card on U.S. History and Civics proves NCLB is working and preparing our children to succeed."

Policymakers like Boehner and Spellings, who helped to craft and pass NCLB, are not the only ones who have touted the law's supposed success. In its final report, released in February 2007, the Aspen Institute's NCLB commission rang a similarly positive note, claiming that "[t]here is growing evidence that NCLB is producing . . . improved student achievement. According to NAEP, scores in mathematics increased nationwide for fourth and eighth graders from 2003 to 2005. . . . In reading, the national average of fourth graders' scores improved from 2003 to 2005."

Consider, however, that NCLB was passed in January 2002, and fourth-grade reading scores did not in fact change at all between 2002 and 2005. The one-point uptick between 2003 and 2005 only offset a one-point downtick between 2002 and 2003. Furthermore, the Aspen commission neglects to mention that eighth-grade reading scores fell by two points after 2002. At least according to NAEP scores since NCLB's passage, it seems that the law has achieved nothing of consequence.

But post-passage scores don't tell us the whole story. To judge whether the law is working, we also have to look at preexisting trends in achievement. It is quite possible, for example, that math scores were already rising, and reading scores stagnating or falling, before the law was passed and that NCLB affected neither. To have any hope of isolating NCLB's actual effect on student achievement and test score gaps, we have to compare score trends before and after the law's passage.

According to the NAEP Long-Term Trends report, fourth- and eighth-grade math scores did improve between 1999 and 2004, as did fourth grade reading scores (eighth grade reading was flat). Attributing those results to NCLB is highly problematic, however, given that the law was only enacted in January 2002 and not fully implemented until the 2005-06 school year.

But suppose NCLB really did start transforming American education after just a year or two in existence. A rough idea of its effects could then be gleaned by looking at the standard NAEP mathematics and reading results (a data set that is separate from the Long-Term Trends report mentioned earlier). The news wouldn't be good: The trends in those results are virtually unchanged.

While both 4th- and 8th-grade math scores rose between 2003 and 2005 (the only period during which score changes can be reasonably attributed to NCLB), the rate of improvement actually slowed from that achieved between 2000 and 2003, a period before the law's effects would have been felt. In reading, the results were worse, with the period covered by NCLB seeing a score decline for 8th graders and stagnation for 4th graders, following an appreciable improvement between 2000 and 2002 (before the law's passage).

The analysis above is admittedly cursory, providing only tentative evidence of NCLB's effects. In June 2006 Harvard University's Civil Rights Project released a more rigorous review of NAEP score trends before and after passage of NCLB. After comparing the trends from 1990 all the way through 2005, the study's author, Jaekyung Lee, concluded that:

NCLB does not appear to have had a significant impact on improving reading or math achievement. Average achievement remains flat in reading and grows at the same pace in math as it did before NCLB was passed. In grade four math, there was a temporary improvement right after NCLB, but it was followed by a return to the pre-reform growth rate.

NCLB does not seem to have helped the nation and states significantly narrow the achievement gap. The racial and socioeconomic achievement gap in NAEP reading and math persists after NCLB. Despite some improvement in reducing the gap in math right after NCLB, the progress was not sustained.

NCLB's attempt to scale up the alleged success of states that already had test-driven accountability programs does not appear to have worked. It neither enhanced the earlier academic improvements seen in some of those states nor transferred them to other states.

Harvard study ignored

NCLB supporters have responded to the Harvard study by ignoring it. At the time of this writing, the only reference to Lee's study on the Department of Education's Web site was its routine entry in the department's database of education research papers (the ERIC database). And although the Aspen commission lists the Harvard study in its bibliography, the commission's report does not address -- indeed, does not even mention -- Jaekyung Lee's findings.

Interestingly, the Aspen commission released a background paper of its own, investigating post-NCLB test score gaps in seven states.

The paper did not compare score trends before and after the law's passage and was not nationally representative, so it is less useful than the Harvard study, but it is notable in that it offers little support for the commission's own positive views on the effects of NCLB. The paper finds that post-NCLB changes in ethnic and other achievement gaps have been "mixed." Some gaps have shrunk, some have grown larger, others haven't changed much at all.

Another recent report that bears on NCLB's academic effects was conducted by the Northwest Evaluation Association, a nonprofit test provider that works with 2,400 school districts. Using its database of test scores from more than 300,000 students, NWEA researchers compared how much students learned over the course of the 2003–04 school year with how much they learned in 2001–02. What the researchers found was that students learned less in a year after NCLB's passage than they did before it, a result that held true for every ethnic group analyzed and for both mathematics and reading.

The NWEA's results, it should be noted, were not necessarily nationally representative -- data from only 23 states were used -- and they do not conclusively prove that NCLB was responsible for the observed decline in student learning. However, they are a further piece of evidence that NCLB has not improved American education. Those results have also largely been ignored by the people who wish to reauthorize the law.

There is one last, important componen to NCLB that might offer evidence that the law is working: NCLB requires all states to create math and reading standards and to test student mastery of them. Perhaps the results of those assessments are promising. Indeed, many states have been reporting gains on state test scores. Most recently, a June 2007 report from the Center on Education Policy found that many states have seen overall state test score improvements and shrinking achievement gaps under NCLB, a finding that Secretary Spellings declared "confirms that No Child Left Behind has struck a chord of success with our nation's schools and students. . . We know that the law is working."

Despite the seemingly rosy findings when it comes to state test results, there is more bad news than good. For one thing, the CEP study identified huge holes and inconsistencies in state data, the result of most states' having altered their standards, tests, definitions of "proficiency," and other achievement measures since NCLB was passed. Indeed, there were so many holes in the data that CEP had usable pre- and post-NCLB data for only 13 states, and only enough information to conduct full analyses for seven.

And data holes are not the only problem. Several studies have found that students' score on state tests often greatly outstrip their performance on NAEP exams, suggesting that states make success on their own tests relatively easy to achieve, compared with the more rigorous NAEP. A June 2006 University of California, Berkeley, analysis comparing scores on state tests with those on NAEP for 12 states, for instance, concluded that "state results consistently exaggerate the percentage of fourth graders deemed proficient or above in reading and math -- for any given year and for reported rates of annual progress, compared with NAEP results."

More recently, the Institute of Education Sciences equated scores on state tests in schools that administered NAEP with those schools' NAEP results. (NAEP is based on representative sampling of schools and students rather than testing every student in every school.) This revealed that most states' "proficient" levels are equivalent to NAEP's "basic"designation. That is, except in fourth grade reading, where most state proficiency levels are actually below NAEP's basic level.

Taking all these findings together, NCLB appears to have done little good, despite rhetoric from NCLB supporters to the contrary.

Indeed, if anything, there is appreciable evidence that NCLB may have slowed or even partly reversed gains achieved before its passage.

Ohio Attorney General Goes After Failed Charter Schools

If I were David Brennan, I would be trying to move my operation to another venue. Marc Dann is on the move in Ohio:
Ohio Attorney General Marc Dann has filed lawsuits against two Dayton charter schools, saying they should be stripped of public funding because their poor academic performance breaks a public trust.

Dann filed the cases in Montgomery County Common Pleas Court against Colin Powell Leadership Academy and New Choices Community School, both of which enroll more than 200 students.

In the complaint against the Powell academy, Dann argues that in spite of $10 million in public funding, the school has not achieved its academic purpose, meeting only one of 61 state indicators for school performance and averaging a 51.58 out of possible 120 on the state performance index in recent years, giving the school an "F." The academy received a 59.4 on the performance index in the 2006-07 school year.

Superintendent Shane Floyd said the school is aware of the improvements that need to be made and has been working to be in a better position academically next year. The Powell academy replaced 70 percent of its teachers for the 2007-08 school year and officials sat down in the summer to work out an academic plan.

"We are confident that we are on the right track, and making the necessary strides to ensure the academic success of our students," Floyd said.

The complaint against New Choices also lays out the school's academic performance - an "F" - as reason for taking its public funding. The school has met only one of 29 applicable state indicators for school performance and has averaged a 49.26 out of a possible 120 on the state performance index in recent years. New Choices received a 63.8 out of 120 for the 2006-07 school year.

New Choices Superintendent Gary Hardman said the school he started six years ago for students who have fallen through the cracks of Dayton City Schools has shown progress over time - it recently moved from "academic emergency" to "academic watch" status - and can't be judged like other districts.

"What I expected was for the cameras to come here and say, 'Congrats, you made "academic emergency" into "academic watch" with this tough population," Hardman said, noting that 23 percent of New Choices' population of seventh- to 12th-graders are involved in court proceedings and all came in at least two grade levels below standard. "We have made progress and that's not what people are seeing... It takes a while to build from nothing."

Both schools, Dann says, have performed worse than Dayton City Schoolscq, from where they draw the bulk of their students and funding. That 15,825-student district scored a 71.5 on the state performance index, meeting two of 30 district requirements in the 2006-07 year. . . .

Oh, Artificial Boy!

Look at those cute little frubber cheeks and those big sad plastic eyes. What's wrong, Zeno--did your friend fail his high-stakes test today? Give him a few encouraging words, something to help him score higher next year when he gets another chance to move on to the next grade.

Robot boy companions for robotic children--what could be more perfect! From the South Florida Sun-Sentinel:
David Hanson has two little Zenos to care for these days. There's his 18-month-old son Zeno, who prattles and smiles as he bounds through his father's cramped office. Then there's the robotic Zeno. It can't speak or walk yet, but has blinking eyes that can track people and a face that captivates with a range of expressions.

At 17 inches tall and 6 pounds, the artificial Zeno is the culmination of five years of work by Hanson and a small group of engineers, designers and programmers at his company, Hanson Robotics. They believe there's an emerging business in the design and sale of lifelike robotic companions, or social robots. And they'll be showing off the robot boy to students in grades 3-12 at the Wired NextFest technology conference Thursday in Los Angeles.

Unlike clearly artificial robotic toys, Hanson says he envisions Zeno as an interactive learning companion, a synthetic pal who can engage in conversation and convey human emotion through a face made of a skin-like, patented material Hanson calls frubber.

"It's a representation of robotics as a character animation medium, one that is intelligent," Hanson beams. "It sees you and recognizes your face. It learns your name and can build a relationship with you."

It's no coincidence if the whole concept sounds like a science-fiction movie.

Hanson said he was inspired by, and is aiming for, the same sort of realism found in the book "Supertoys Last All Summer Long," by Brian Aldiss. Aldiss' story of troubled robot boy David and his quest for the love of his flesh-and-blood parents was the source material for Steven Spielberg's film "Artificial Intelligence: AI."

He plans to make little Zenos available to consumers within the next three years for $200 to $300. . . .

The Conservative Stance Against NCLB

From NRO (ht to Monty Neill):
No Question Left Behind
Monsters in the law.

By Chester E. Finn Jr.

With every passing week, the 110th Congress looks less likely to reauthorize the No Child Left Behind Act (NCLB), the fate of which will therefore hinge on the 2008 election. This contentious law cannot be revamped absent a fairly broad and bipartisan consensus. George Miller and Nancy Pelosi could conceivably bring a bill before the House and possibly ram it through on a near-straight party-line vote (though such a move would provoke more Democratic defections than GOP supporters), but it would come unstuck in the Senate, where it’s essential nowadays to have 60 firm votes for anything controversial. Which this would surely be.

The truth is, despite all the fuss and feathers about NCLB, there’s little agreement on exactly what ails or what might cure it — which is not to say there’s a shortage of advice. A five-foot shelf of books, studies, reports, commission recommendations, etc. is rapidly accumulating. (I plead guilty to having helped contribute a few inches.) Its very amplitude attests not only to the length and complexity of the law, but also to the disputed nature of what, exactly, is awry in NCLB 1.0 and what should be the essential attributes of version 2.0. Even more important, underlying all the technical specifics are five immense dilemmas that go to the heart of the matter.

Is NCLB’s grand goal itself naïve and unrealistic? Politicians pledge that no child will be left behind, yet I don’t know a single educator who seriously thinks 100 percent of American children can become “proficient” (according to any reasonable definition of that term) by 2014 in reading and math. Exemptions have already been made for seriously disabled youngsters. In truth, raising American kids from their current proficiency level of some 30 percent to 70 or 80 percent would be a remarkable, nation-changing achievement, yet I can’t imagine a lawmaker conceding this. The first thing hurled back at him would be “which 20 percent of the kids don’t matter to you?”

Is the program upside down? My Fordham colleagues and I think NCLB inverted a fundamental design principle: Congress opted to be tight with regard to means and loose with regard to ends. It trusts every state to set its own standards, but micromanages measurement systems and sets rigid sequences for school and district interventions. It would be far better to promulgate a single national standard and assessment system, and then to trust states, districts, and educators to devise their own means of getting there on their own timetables. But half of Congress will recoil in horror from the freedom and flexibility implied therein while the other half will be put off by uniform standards.

Is the governmental architecture usable for this purpose? In LBJ’s day, it made sense for Uncle Sam to distribute his new education dollars via the traditional structures of state education departments and local school systems. Four decades later, however, the main focus of federal policy is altering the behavior and performance of those very institutions in ways they don’t want to be altered. It’s beyond imagining that the old, multi-tiered architecture can satisfactorily handle the new challenge of making it change its ways. Yet nobody is thinking creatively about alternative structures by which NCLB’s goals might more effectively be pursued.

Can Washington successfully pull off anything as complex and ambitious as NCLB in so vast and loosely coupled a system as American K–12 education, one in which millions of “street-level bureaucrats” can ignore, veto, or undermine the plans of distant lawmakers and regulators? I’m no great fan of local control of schools but I’m even less a fan of bureaucratic over-reaching.

Do the likely benefits exceed the ever clearer costs? Boosting skill levels and closing learning gaps are praiseworthy societal goals. But even if we were surer that NCLB would attain them, plenty of people — parents, teachers, lawmakers, and interest groups — are alarmed by the price. I don’t refer primarily to dollars. (They’re in dispute, too, with most Democrats wrongly insisting that they’re insufficient.) I refer to things like a narrowing curriculum that sacrifices history, art, and literature on the altar of reading and math skills; to schools that spend ever more of the year prepping kids to pass tests; to gifted pupils being neglected so as to pull low achievers over the bar; and to the homogenizing of schools — including charter schools — that crave the freedom to be different and offer parents distinctive choices.

So long as these monster questions lack agreed-upon answers, I don’t see much hope for an NCLB consensus, and I don’t see much hope for NCLB 2.0 anytime soon.