State of Education Education Law

Introductory Class (A) 2010Professor Redfield

Education is in crisis.Deeply divided, children and adults alike.

Demographics run counter to educational outcomes.

Source: Richard Gambitta Rocky Mountain Diversity Summit 2007

2000 2010 2020 2030 2040 20500.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

OtherAsianHispanic AfAmWhite

Economics reflect outcomes.

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Doctoral Degree

Master's Degree

Bachelor's Degree

Associate's Degree

Some College

High School Graduate

0 20,000 40,000 60,000 80,000 100,000 120,000

• Inadequate and disparate literacy and numeracy skills among large segments of our student and adult populations

• An ongoing shift in the demographic profile of our population, powered by the highest immigration rates in nearly a century

• The continuing evolution of the economy and the nation’s job structure, requiring higher levels of skills from an increasing proportion of workers

•= America’s Perfect StormIrwin Kirsch, ETS, National Press Club, Washington, D.C., February

5, 2007

“Education drives the economy. Almost a decade into the 21st Century, America faces a choice: We can invest in the basic education and skills of our workforce and remain competitive in today’s global economy, or we can continue to overlook glaring evidence of a national crisis and move further down the path to decline.”

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TOO many students not learning

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• Many drop out and leave

• Many won’t graduate from high school

• Many who stay are not learning

• Many who stay are not learning what they need to know to be career or college ready

• Many do not go on

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AND IN EVERY CASE THERE IS AN ACHIEVEMENT GAP

The problem starts early.

And endures.

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• Low income 3-year-olds = smaller vocabularies• More Black children expelled from preschool

• Black/ Hispanic children less likely know their letters @ kindergarten

• Black (especially boys) likely to be retained in grade

• By 3rd grade still significant reading differences, and these difference remain

White Asian Black Hispanic AiAN0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Recognize letters

NoYes

Source: EdTrust data; Yale Child Study; American’s Kindergartners: + see notes

Inequity endures at every level.

Consider the example of READING.

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AGE 9 13 17White 226 266 293Black 200 244 264Hisp. 205 242 264

Source: NCES Digest Reading 2004

Source: NAEP 12th Grade Reading 2005

Black

FRPL

elig

ible

Hispan

icAIA

NAsP

I

FRPL

not

elig

ible

Whi

te

47% 42% 41%32% 26% 24% 22%

At AdvancedAt or above ProficientAt or above BasicBelow Basic

FRPL = Free + Reduced Price Lunch

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And what does this mean? Can you read?

• Basic (265): demonstrate an overall understanding and make some interpretations of the text. .. identify and relate aspects of the text to its overall meaning, extend the ideas in the text by making simple inferences, recognize interpretations…

• Proficient (302): …how an overall understanding of the text, which includes inferential as well as literal information.

• Advanced (346): …describe more abstract themes and ideas in the overall text. ..analyze both the meaning and the form of the text and explicitly support their analyses with specific examples from the text.

Tested for literary, informational, + functional reading contexts.

NAEP = National Assessment of Educational Progress

And what does this mean?

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As part of the 2005 reading assessment, twelfth-graders were presented with a guide to a city's transit system. The multiple-choice question presented here required students to make a simple inference based on explicit information in the Metro Guide.

US History and Writing

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•By 12th grade

•Achievement gaps remain

•For those who graduate from high school these gaps follow students into postsecondary education

Source: USDOE NCES Digest of Education Statistics, 119, 120, +see notes

HISTORY Below Basic

At or above Basic

At or above Prof At Advanced

White 46% 54% 16% 1%

ASPI 45% 55% 20% 3%

Black 81% 19% 2% #

Hisp 75% 25% 4% #

AIAN 68% 32% 4% #

WRITING Below Basic

At or above Basic

At or above Prof At Advanced

White 14% 86% 29% 1%AsPI 14% 86% 30% 1%Black 32% 68% 8% #

Hispanic30% 70% 11% #

AIAN 31% 69% 12% #

Civics

Source: Meira Levinson, The Civic Achievement Gap , ABA LRE New Orleans 2007

“evidence of a profound civic achievement gap between poor, minority, and immigrant youth and adults, on the one hand, and middle-class or wealthy, white and native-born youth and adults on the other…”

22Source: The Nation’s Report Card , ttp://nationsreportcard.gov/civics_2006/c

27%

31%

59%55%

58%

Below Basic

White

ASPI

Black

His-panic

AIAN

Below Basic At or above Basic

At or above Proficient At Advanced

White27% 73% 33% 6%

ASPI31% 69% 33% 7%

Black59% 41% 8% 1%

Hisp55% 45% 11% 1%

AIAN58% 42% 9%

Civics NAEP

•Qualified teachers

•Counselors

•Rigorous courses

•Engaging materials

•Accessible resources

•EXPECTATIONS (of them)

Approaching and in high schoolon average disparities /FEWER

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It is hardly surprising,

kids drop out.

•And drop out.

•And drop out.

•And drop out.

Graduation rates remain deeply troubled.

Source: Alliance for Excellent Education

AfAm AmAI White Hispanic AsPI0

10

20

30

40

50

60

70

80

90

53.449.3

76.2

57.8

80.2

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Approaching collegeon average gaps between students

• Lower grades• Lower test scores• Fewer college

track #• Fewer in gifted +

AP • Lower HS

graduation• Lower college

readiness

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Approaching and in collegeDifferences

•Lower enrollment

•Higher rates of remediation

•Higher dropout rates

•Lower literacy skills

•Lower college grades

•Lower college completion rates. . . .

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% Meeting Benchmarks English Math Sci All

AfAm 37 21 11 5 3Hisp 49 35 26 13 10AIAN 52 40 25 16 11White 77 61 49 33 27ASPI 75 59 63 38 33

Source: ACT College Readiness

Literacy Gap > High School

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• Achievement gaps between black and white high school students are discouraging but all too common facts of education life. It's well known that black students are less likely than their white peers to graduate from high school, and score lower on tests like the SAT and the National Assessment of Education Progress (NAEP). Far less attention has been paid to gaps in higher education. A new study of college student literacy suggests that black-white gaps not only persist into college, but may become even larger by the time students finish their degree.“

Source: Kevin Carey, The Black-White

College Literacy and notes

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Poverty

Race

ESLFamily

ALL

A few concrete examples for change K12.

Rigor, Relevance, Relationship

Differences in opportunity illustrate the issues of the new 3Rs.

Expectations, Assignments, Course Availability, Teachers, Counselors are all examples.

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• “…give them [students] a chance to do work that is hard instead of saying they can’t do it.”

• “…warn students about racist attitudes they may encounter and inform students they must work harder than white students to earn similar grades.”

• Both high and low-achieving students in the study reported that “many of their teachers did not care, did not encourage them, and had lower expectations for them because of their ethnicity.”

Expectations are damning.

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Programs that assume the opposite, that is that start early with “high end learning” and assume “at potential” rather than “at risk” students have opposite impacts on the achievement gap.

Source: A Closer Look, Early Developments, Fall 2007

Expectations are critical.

Students will do as assigned (not more).

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Source: Education Trust, Unnamed school district in California, AY2002-03. See notes.

Comparative assignments are damning.

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Essay on Anne Frank-- Your essay will consist of an opening paragraph which introduced the title, author and general background of the novel. Your thesis will state specifically what Anne's overall personality is, and what general psychological and intellectual changes she exhibits over the course of the book. You might organize your essay by grouping psychological and intellectual changes OR you might choose 3 or 4 characteristics (like friendliness, patience, optimism, self doubt) and show how she changes in this area.”

Also, comparative course availablity.

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Teachers are the most significant, but …

• Missing teachers who look like their students

• Missing teachers credentialed in their disciplines

• Missing experienced teachers

• All most lacking where most needed

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AMAI As PI Fili Hisp AfAm White Multi n/a

0

10

20

30

40

50

60

70

80

TeachersStudents

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•1/229

•1/556 HS

•1/753 MSSource: UCLA Institute for Democracy, Education, and Access &

University of California All Campus Consortium on Research for Diversity, California Educational Opportunity Report 2007

Counselors could help, but…

Results: Percentages of Various Populations

Race/Ethnicity

US Population

2005

Bachelor's Degrees

Conferred**2004-05

LSAT Test Takers

Jun 05 - Feb 06

ABA ApplicantsFall 2006

ABA Admits

Fall 2006

ABA Matrics

Fall 2006

J.D. Degrees2005-06

Bar Passage***

Lawyers2000

White 74.7% 72.9% 65.9% 65.5% 71.1% 71.1% 70.8% 83.5% 89.2%

Black 12.1% 9.5% 10.0% 10.5% 7.0% 7.1% 6.2% 5.9% 3.9%

Hispanic 14.5% 7.0% 8.5% 8.3% 7.2% 7.4% 6.8% 4.5% 3.3%

Asian/Pacific Islander 4.4% 6.8% 9.1% 8.1% 8.1% 8.0% 7.9% 4.2% 2.3%American Indian/AK Native 0.8% 0.7% 0.7% 0.8% 0.7% 0.7% 0.8% 0.5%

Source: 1 2 3 3 3 3 4 3 1

** Bachelor's degrees conferred by degree-granting institutions

*** LSAC National Longitudinal Bar Passage Study participants entering law school Fall 1991 (n = 23,086)

1 - U.S. Census Bureau: 2005 American Community Survey, Estimates2 - National Center for Education Statistics' Digest of Education Statistics: 2006

3 - Law School Admission Council

4 - American Bar Association Official Guide to ABA-Approved Law Schools 2008 Edition

Source: © Law School Admission Council. Prepared by Phil Handwerk, Institutional Researcher (March 2008)

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. . . to better serve all students, high schools need to become places that combine rigor in the academic program

of every student (not just those in an honors or higher track) with relevance to their interests and potential career

choices, supported by positive relationships that can inspire students both academically and personally.

Achievement gaps are not facts of nature. They are mostly because of

differences in life experience.

Fair Quality Delivery ofThe NEW 3Rs all along the pipeline.

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FMI Sarah E. Redfield

sarah.redfield@gmail.com

207-752-1721 cell