Agenda

1. Agenda • Arts Advocacy (15 minutes) • Timeline Discussion (15 minutes) • Legislation and the Arts reading and discussion (30) • Legislation presentation (60 minutes) • Contributors Assignment Q and A

2. AE 610: Survey of Art Education Legislation in the Arts

3. What led up to NCLB? NCLB was one of the most far-reaching pieces of legislation to impact education, but it’s roots began in other key pieces of legislation which enabled the federal government to become more involved in what had traditionally been a state issue.

4. NDEA-1958 The National Defense Education Act (NDEA) Public Law 85-864, United States Act of Congress, passed in 1958 Provided aid to education in the United States at all levels, both public and private. Sputnik

5. Civil Rights Act of 1964 The Civil Rights Act of 1964 (Pub.L. 88-352, 78 Stat. 241, July 2, 1964) was landmark legislation in the United States. Outlawed discrimination based on race, color, religion, sex, or national origin: in voting, employment, and public services, such as transportation.

6. ESEA-1965 • TheElementary and Secondary Education Act(ESEA) (Pub.L. 89-10, 79 Stat. 77, 20 U.S.C. ch.70) is a United States federal statute enacted April 11, 1965. • The Act was originally authorized through 1970, but it has been reauthorized every five years since enactment. • Permitted Title I Funding-to distribute funding to schools and school districts with more than 40% of students from low-income families.

7. A Nation at Risk-1983 • A Nation at Riskwas the popular title of the 1983 report of American President Ronald Reagan's National Commission on Excellence in Education. The report called for greater federal support of education and included the claim that the nation was threatened by "a rising tide of mediocrity." A Nation At Risk is a reform based on the development of standards-based curricula. The focus is on outcomes of education in relation to standards of achievement, the idea being that student achievement and instructional programs were likely to improve.

8. IDEA-1990 The Individuals with Disabilities Education Act (IDEA) United States federal law, 20 U.S.C. § 1400 et seq., (October 30, 1990) most recently amended in 2004. Meant to ensure FAPE , a free appropriate public education) for students with disabilities, designed to their individualized needs in the Least Restrictive Environment.

9. Goals 2000 (1994) This is seen by many as the predecessor to No Child Left Behind which mandated measurable improvement in student achievement across all groups. The Goals 2000: Educate America Act (P.L. 103-227) Signed into law on March 31, 1994. The Act provides resources to states and communities to ensure that all students reach their full potential. *National Standards are presented to the US Secretary of Education

10. Education Sciences Reform Act (ESRA) • Passed in 2002, created the Institute of Education Sciences (IES), which replaced the Office of Educational Research and Improvement. • The law requires more rigorous standards for the conduct and evaluation of education research. NCLB requires that federal funds support educational activities that are backed by scientifically based research. Through sustained programs of research, evaluation and data collection, IES provides evidence of what works to solve the problems and challenges faced by schools and learners.

11. NCLB-2001 The No Child Left Behind Act of 2001 (Public Law 107-110), commonly known as NCLB, is a United States federal law signed on January 8, 2002. Reauthorized a number of federal programs that aim to improve the performance of U.S. primary and secondary schools by increasing the standards of accountability for states, school districts and schools, as well as providing parents more flexibility in choosing which schools their children will attend.

12. Major ideas of NCLB • The most sweeping revision and reauthorization of the Elementary and Secondary Act (ESEA) signed on Jan. 8, 2002. (However there are some differences. Primarily ESEA allocated grant money to low–income schools to acquire supplies, more capable personnel and other educational materials, NCLB offers grant money as an incentive driven primarily by test scores.) • Redefined the federal role in education • Goal is to close the achievement gap among children • NCLB was passed right after the Sept 11 attack when Bush’s popularity rating was very high.

13. Intent of NCLB • Provide all children with a fair, equal and significant opportunity to obtain a high-quality education.

14. FourPillarsofNCLB • Accountability • Flexibility • Research-based education • Parent options • Key terms: Best Practices, Standards, Assessments, Adequate Yearly Progress, Report Cards • Core academic subjects are: Mathematics, English, Reading, Language Arts, Science, Foreign Language, Civics and Government, Economics, Arts, History or Geography.

15. Five Main Performance Goals of NCLB Goals are admirable, but are they feasible? Performance goal 1: By 2013-2014, all students will reach high standards, at minimum attaining proficiency or better in reading/language arts and mathematics. Do all children (no matter their ability) learn at the same rate? Performance goal 2: All limited English proficient students will become proficient in English and reach high academic standards, at a minimum attaining proficiency or better in reading/language arts and mathematics. Is this feasible with the number of immigrants (both legal and illegal) coming into this country? Performance goal 3: By the 2005-06 school year, all students will be taught by highly qualified teachers in the 10 “core” subjects.Consider students with special needs. Performance goal 4: All students will be educated in learning environments that are safe, drug free, and conducive to learning. Fundable? Performance goal 5: All students will graduate from high school. Feasible?

16. Ten Major Effects of NCLB from the Center on Education Policy-March ‘07 • State and district officials report that student achievements on state tests is rising • Schools are spending more time on reading and math sometimes at the expense of subjects not tested. • School are paying more attention to the alignment of curriculum and instruction and are analyzing test score data. • Low performing schools are undergoing makeovers rather than radical restructuring. • School and teachers have made progress in showing HQ, but teachers are skeptical that this has improved education • Students are taking a lot more tests. • School are paying much more attention to achievement gaps and the learning needs of particular groups of students. • The percentage of schools on state “needs improvement” lists has been steady, but is not growing. (About 10%) • The federal government is playing a bigger role in education. • NCLB requirements have meant that state governments and school districts also have expanded roles in school operation but without adequate funding.

17. Proponents maintain that NCLB ... • improves the quality of teachers in public schools • closes the racial gap with common expectations across the board • increased the test scores of certain demographic groups

18. Critics maintain that NCLB ... • Is not fully funded, which forces states to saddle the extra costs or risk losing federal grant money. According to an estimate by the National Association of State Boards of Education, federal funds only cover 69% of the testing costs associated with NCLB which is estimated to be between$1.9 billion and $5 billion.

19. Critics maintain that NCLB ... • Uses standardized testing as the main variable used in assessment forcing teachers to teach to the test, which produces lopsided lesson plans. • Challenges states’ autonomy. Education has historically been a local and state responsibility, and federal regulation. • Targets low-performing students; gifted children are being ignored and are migrating to private schools, which are exempt from the act.

20. Critics maintain that NCLB ... • Emphasizes • certain subjects • at the expense • of others

21. NEA/ Real-World Effects of NCLB • What HURTS our ability to educate kids? • Measuring school success exclusively by test scores narrows the curriculum by making schools teach to the test-"If it's not on the test, kiss it good-bye." • Testing that crowds out learning. • Failure to acknowledge educators' success, when they take on the tough work of helping students who start out below grade level and whose students make significant academic gains-"NCLB punishes teachers working in at-risk schools." • One-size-fits-all formulas that do not recognize the individual needs of students-"Our school's goal was to help only those who may be able to pass."Inflexible "highly qualified" teacher and education support professional provisions hinder the recruitment and retention of quality educators.

22. NEA/ Real-World Effects of NCLB • What would HELP us educate kids better? • Measuring school success based on assessment of student learning over time using multiple indicators. • Small class sizes to improve student achievement and close achievement gaps. • Assessments that measure higher-order thinking and problem-solving skills to help students prepare for life in the 21st century. • Tools and resources such as relevant professional development planned with the input of educators that broadens and deepens knowledge, skills, and abilities and provides continuous professional growth. • Mentoring that provides time for new teachers to meet and work with their mentors. • Programs that foster parent involvement and community engagement.

23. What has happened in TN • 80 art teachers hired with MCS (Bredeson Funding, 2007-2008) ”Cooper Bill” • Signed May 6, 2008- Approved by Gov. Bredeson, May 21, 2008 • Public Chapter No. 983, Senate Bill No. 2920 by Cooper, Hardaway, Towns, Frayley. John DeBerry, Coley, Gilmore and Pruitt • “Section 49-6-1025 • (a) The course of instruction in all public schools for kindergarten through eight shall include art and music education to help each student foster creative thinking, spatial learning, discipline, craftsmanship, and the intrinsic rewards of hard work. • Local boards of education are encouraged to fully implement the art and music curriculum adopted by the State Board of Education through both art and music classes, as well as integration into other core academy subjects.” • Effective July 1, 2008

24. Flexibility for No Child Left BehindThe U.S. Department of Education is inviting each State educational agency (SEA) to request flexibility on behalf of itself, its local educational agencies, and schools, in order to better focus on improving student learning and increasing the quality of instruction. This voluntary opportunity will provide educators and State and local leaders with flexibility regarding specific requirements of the No Child Left Behind Act of 2001 (NCLB) in exchange for rigorous and comprehensive State-developed plans designed to improve educational outcomes for all students, close achievement gaps, increase equity, and improve the quality of instruction. What is happening right now: • http://www.ed.gov/esea

25. Tennessee’s Approved Request • Approved February 2012 • 261 Page Request • Principles • Principle 1: College- and Career-Ready Expectations for All Students • Principle 2: State-Developed Differentiated Recognition, Accountability, and Support • Principle 3: Supporting Effective Instruction and Leadership

26. Principle 1: College- and Career-Ready Expectations for All Students • 1.A Adopt college-and career-ready standards • 1.B Transition to college- and career-ready standards • 1.C Develop and administer annual, statewide, aligned, high-quality assessments that measure student growth

27. Principle 2: State-Developed Differentiated Recognition, Accountability, and Support • 2. A Develop and implement a State-based system of differentiated recognition, accountability, and support • 2. B Set ambitious but achievable annual measurable objectives • 2.C Reward schools • 2.D Priority schools • 2.E Focus schools • 2.F Provide incentives and supports for other Title I schools • 2.G Build SEA, LEA, and school capacity to improve student learning

28. Principle 3: Supporting Effective Instruction and Leadership • 3 A Develop and adopt guidelines for local teacher and principal evaluation and support systems • 3.B Ensure LEAs implement teacher and principal evaluation and support systems

29. Current Legislation and Art Education Arts Education Funding The federal Arts in Education program weathered significant funding challenges in 2011, and was the only program at the U.S. Department of Education to be terminated in FY 2011 through a continuing resolution in March 2011 and then partially restored in the final continuing resolution in April. For FY 2012, the Arts in Education program ultimately received $24.593 million to administer and support competitive grants and national initiatives at the U.S. Department of Education, a decrease from the $27.447 million administered by the Department in FY 2011. • For the latest information Operational Resources, Federal Arts Funding, Arts Education Policy, Federal Tax Policy, Artist Visa Immigration, House and Senate Caucuses visit http://artsusa.org/get_involved/advocacy/advocacy_013.asp

30. What’s Happening Now? • Arts Education Policy • In May 2011, the “Setting New Priorities in Education Spending Act” (HR 1891) was introduced for the purpose of eliminating 43 existing federal education programs, including Arts in Education, within the U.S. Department of Education (USDE). This would eliminate the only discrete arts education program funded by the USDE. An amendment sponsored by Reps. Rush Holt (D-NJ), Susan Davis (D-CA), David Wu (D-WA) and Lynn Woolsey (D-CA) sought to restore those specific program activities but was defeated on a party line vote. On September 15, 2011, four Senators introduced similar legislation, S.1567, that seeks to consolidate education programs as well. Neither House nor Senate has considered these bills on the floor.

31. 2007-What the public thinks… The 2007 Phi Delta Kappa International Gallup on Poll on the Public’s Attitudes Toward the Public Schools: • Public Opinion Shifts Against NCLB-25% of Americans believe that NCLB is helping their local schools. 3 of 4 believe the law is either making no difference or hurting schools. For the first time since 2003, more Americans have an unfavorable view (40%) of NCLB than a favorable one (31%). Similarly, for the first time, more Americans (49%) would blame the law if large numbers of schools fail to meet the requirements than would blame the schools (43%). • Testing- In just the last five years, the number of Americans who believe there is too much emphasis on testing in their local schools has jumped by 12%. 80% of Americans prefer that school effectiveness be measured by improvement in student achievement rather than the current method that calculates adequate yearly progress (AYP). • Narrowing the Curriculum-50% of Americans believes that NCLB’s focus on reading and mathematics has reduced instructional time in other subjects. Nine in 10 of those who feel that NCLB has resulted in a narrower curriculum are concerned about it. • Improve NCLB Treatment of Special Needs Students- Nearly 80% of Americans feel that English-language learners should be required to pass an English proficiency test before their reading and math scores are used to measure school performance. Seven in 10 Americans question holding special education students to the same standards as all other students. • Globalization-Nearly 60% of Americans think that students need to spend more time learning about other nations and cultures. Nearly 90% of Americans believe that all children should become proficient in a second language in addition to English; 70% believe that foreign language instruction should begin in elementary school. • High Marks for Our Public Schools-Nearly 5 in 10 Americans grade the schools in their community with an A or B, and nearly 7 in 10 public school parents give the schools their children attend an A or B.

32. 2008-What the public thinks… The 2007 Phi Delta Kappa International Gallup on Poll on the Public’s Attitudes Toward the Public Schools: • Presidential Candidates- Americans view Democratic presidential candidate Barack Obama as much more supportive of public schools than Republican presidential candidate John McCain. • Federal Funding-Americans support an increased use of federal funds to maintain local public schools. • No Child Left Behind-Fewer 20% of Americans believe the No Child Left Behind legislation should be continued without significant change. • Biggest Problems- Lack of funding for schools tops the list of “biggest problems facing schools” for the sixth year in a row. • International Comparisons-Americans’ impressions of public schools in Europe and Asia are very positive with almost 50% assigning grades of A’s and B’s, as compared with lower grades assigned to our nation’s schools. • College Courses for High School Students-Americans are supportive of high school students taking college level courses and earning college-level credits while still in high school. • Paying for College-Even though college costs have increased significantly, 7 of 10 American parents believe they will be able to pay for college for their oldest child, a finding consistent with the response 13 years ago when it was last asked . • Assessment-In a change from 9 years ago, Americans believe written observations by teachers, as opposed to scores on standardized tests, are a superior way to document student academic progress. • Teacher Pay- Almost 75% of Americans believe teachers should be paid higher salaries as an incentive to teach in schools identified as ‘in need of improvement.’

33. 2010-What the public thinks… The 2010 Phi Delta Kappa International Gallup on Poll on the Public’s Attitudes Toward the Public Schools: • Presidential Candidates-Grades assigned to President Obama for his performance in support of public schools are down by 11% since last year. • Federal Funding-Americans believe state government is the responsible agency for public education in the United States. • No Child Left Behind-Less than one in four Americans believe NCLB has helped their local schools. • Biggest Problems-Thirty-six percent of Americans said school funding tops the list of the biggest problems facing the schools in their community (8 years in a row) • National Comparisons-This year, only 18% of Americans give the nation’s schools either an “A” or “B.” • College Courses for High School Students-Americans are supportive of high school students taking college level courses and earning college-level credits while still in high school. • Paying for College-Three of four parents believe they are very or somewhat likely to be able to pay for their child’s college education, an increase from when this question was asked just two years ago • Assessment-Parents moderately agree that their child’s teachers make schoolwork relevant with real-world examples and that their child has an opportunity to do what he or she does best every day. • Teacher Pay-Almost three of four Americans believe quality of work and not a standard scale should determine teacher pay.

34. 2011-What the public thinks… The 2011 Phi Delta Kappa International Gallup on Poll on the Public’s Attitudes Toward the Public Schools: • Presidential Candidates-Grades assigned to President Obama for his performance in support of public schools up from 34% in 2010 to 41% • Federal Funding- Not mentioned • No Child Left Behind- Not mentioned • Biggest Problems-44% of Americans said school funding tops the list of the biggest problems facing the schools in their community (9 years in a row) • National Comparisons-This year, only 17% of Americans give the nation’s schools either an “A” or “B.” down by 1% from 2010 • College Courses for High School Students-Not mentioned • Paying for College-Not mentioned • Assessment-Not mentioned • Teacher Pay- Consistent with past findings, Americans believe teacher salaries should be based on multiple factors including advanced degrees, experience, and the principal’s evaluation of the teacher. While Americans support using student scores on standardized tests, that factor received a significantly lower approval rating. • Major topics covered in 2011: Teaching as a career, Unions, Salaries, Layoffs, Quality, Choice, E-Readers, Finances, Perceptions of Quality

35. 2012-What the public thinks… The 2012 Phi Delta Kappa International Gallup on Poll on the Public’s Attitudes Toward the Public Schools: • TEACHING AS A CAREER • We think it would be great if our children became teachers, and we think having more • science teachers is just as important as having more scientists. • UNIONS • About half of us believe teacher unions are hurting public education. However, governors • should tread cautiously because we’re more likely to support teacher union leaders than • governors in disputes over teacher collective bargaining. • SALARIES • When calculating a teacher’s salary, consider multiple factors including the principal’s • evaluation, advanced degrees, and experience. • LAYOFFS • When making decisions about layoffs, listen to what the principal says about a teacher. • Weigh that evaluation more heavily than the rule of last hired-first fired

36. 2012-What the public thinks… The 2012 Phi Delta Kappa International Gallup on Poll on the Public’s Attitudes Toward the Public Schools: • QUALITY TEACHING • We’ll take larger classes with more effective teachers over smaller classes with less effective • teachers and access to higher-quality instruction over the Internet over learning in a • classroom with a less effective teacher. The message: Quality counts. • CHOICE • We increasingly like charter schools, but we remain unconvinced that vouchers are a good • idea. • E-READERS • We think e-readers are a better idea for older students than younger students. • FINANCES • Lack of money is the biggest problem facing public schools; we don’t worry as much about • poor student discipline and drugs as we used to. • PERCEPTIONS OF QUALITY • We’re proud of the schools we know and think less of the schools we don’t know — it’s a • matter of local pride.

37. References Americans for the Arts (Fall,2011) Center on Education Policy. (2007). Ten big effects of the NCLB act on public education. Retrieved October 12, 2008, from http://www.education.uiowa.edu/cea/documents/NCLB-TenBigEffects.pdf Cooper, Hardaway, Towns, Frayley. John DeBerry, Coley, Gilmore and Pruitt (2008). Public Chapter No. 983, Senate Bill No. 2920 Gallup, A and Rose, L. (2007). The 39th Annual phi delta kappa/gallup poll of the public’s attitudes toward the public schools. Retrieved October 12, 2008, from http://www.pdkmembers.org/members_online/publications/e-GALLUP/kpoll_pdfs/pdkpoll39_2007.pdf Gallup, A and Rose, L. (2007). The 39th Annual phi delta kappa/gallup poll of the public’s attitudes toward the public schools. Retrieved October 12, 2008, from http://www.pdkmembers.org/members_online/publications/e-GALLUP/kpoll_pdfs/pdkpoll39_2007.pdf http://www.artsusa.org/get_involved/advocacy/advocacy_013.asp http://www.nea.org/home/13340.htm Sass. E. (May 4, 2008). American educational history: A hypertext timeline. Retrieved October 12, 2008, from http://www.cloudnet.com/~edrbsass/educationhistorytimeline.html Phi Delta Kappa International (2007). The American public speaks. Retrieved October 12, 2008, from http://www.pdkintl.org/gallup/07Gallup_Poll_Flyer.pdf

38. References Phi Delta Kappa International (2008). Highlights of the 40thpdk/gallup poll. Retrieved October 12, 2008, from http://www.pdkintl.org/gallup/08Gallup_Poll_Flyer.pdf Phi Delta Kappa International (2010). The 42nd annual phi delta kappa gallup poll of the public’s attitudes towards public schools Retrieved October 3rd, 2010, from http://www.gallup.com/poll/142661/phi-delta-kappa-gallup-poll-2010.aspx Phi Delta Kappa International (2012). Highlights of the 43rd pdk/gallup poll.www.pdkintl.org/poll/docs/pdkpoll43_2011.pdf Smith, S. E. (n.d.). What is no child left behind? Retrieved October 12, 2008, from http://www.wisegeek.com/what-is-no-child-left-behind.htm Smith, S. E. (n.d.). What are some criticisms of no child left behind? Retrieved October 12, 2008, from http://www.wisegeek.com/what-are-some-criticisms-of-no-child-left-behind.htm Swain, G. (Nov. 2007). State responses to federalism. Trends in America: The Council of State Governments. Retrieved October 12, 2008, from http://www.csg.org/pubs/Documents/TIA_StateResponsestoFederalism.pdf