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beyond civil rights exhaustion: no-fault regulation of k-12 education

MikeCarlo
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beyond civil rights exhaustion: no-fault regulation of k-12 education

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    1. Christopher Edley, Jr. Orrick Professor of Law & Dean Co-Director, Chief Justice Warren Institute on Race, Ethnicity and Diversity January 14, 2008 Beyond Civil Rights Exhaustion: No-Fault Regulation of K-12 Education

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    9. 9 No Child Left Behind: Where It Came From Background Horace Mann, the Common School, Dedham MA Brown v. Bd. (1954) Elementary and Secondary Education Act (1965) Novel state role San Antonio v. Rodriguez (1973): the fundamental right – NO, but . . . IDEA State constitutional provisions: New York’s CFE litigation Wide-Scale Standards-Based School Reform; A Nation At Risk (1983) Businesses mobilized; cf. NDEA; instrumentalism Connection to “regulatory reform” Staggering, persistent disparities a threat to . . . Political realignment? Clinton failures; Gore failures The 2001 Bush-Kennedy-Miller coalition Stalled reauthorization in fall 2007

    10. 10 No Child Left Behind: Test-Driving a New Strategy? The basic mechanism State-defined “proficiency” goals achieved by 2014 Measured by tests AYP – Adequate yearly progress to get there Escalating interventions for schools that need improvement The Grand Bargain: More money for better results (perhaps not enough of either) Some flexibility on strategy accompanied by outcome regulation

    11. 11 Civil Rights ProvisionsBut With Huge Holes Targeting subgroup disparities Data disclosure Making it “easy” to fail AYP Targeting distribution of HQTs Soft safeguards against abusive testing High school completion goals

    12. 12 No-Fault Regulation for Racial Justice: Salient Elements The predicate – no intent needed The regulatory design Inputs, judged by -- Equity Adequacy Outputs, judged by – Achievement (Tests?) Attainment (graduation, college-going) Other? Levers/Tools; remedial designs Agents/Objects Infrastructure issues public information and participation; data; R&D; human capital; judicial review Complementarity to other strategies and tactics in civil rights and social justice

    13. 13 Mend It, Don’t End It:Civil Rights Priorities for NCLB Reauthorization Defend subgroup accountability, including interventions Strengthen/support interventions, especially system failures Cf. What Works Clearinghouse Testing abuses Graduation rates HQET Professional development reform Intra-district resource equity in teachers, etc. “Drop-Out Factories” Growth models ELL reforms Special Ed referral rates and service equity?

    14. 14 Conclusion

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