FOR IMMEDIATE RELEASE

SUPPORT FOR WAIVERS FOR IDEA AND SECTION 504 
[View/Download PDF]

Ensuring a high-quality education for all children is critical for our nation. Schools must be a welcoming place for all children, including special needs children. Our country is facing a public health crisis of global reach that is unprecedented. This crisis has closed school districts across the country. Many of these districts were unprepared for the sudden closure.

Many states and districts have been forced to provide distance learning, including online. Many assert that the same rules which apply for brick and mortar should apply to the distance learning that districts are now being forced to utilize during the COVID-19 outbreak. Unfortunately, most public schools are not equipped to provide equity for all students at this time, such as special education students or those who speak English as a second language. Many of our students also commonly lack computers or internet access.

Discussions are currently underway in Congress to provide an additional stimulus package in response to the COVID-19 outbreak. Currently included in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) is a provision that permits increased waiver authority by the Department of Education for a specified time. It also directs Secretary DeVos to report back to Congress within 30 days on the waivers needed under the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act of 1973 (Section 504). This is essential for students, parents, educators, and taxpayers.

Our public schools are resilient enough to come back from the toughest of times, including the COVID-19 outbreak. We know that states and districts are more than happy to serve all students to the greatest extent possible, as long as they know they will be "held harmless" if they cannot live up to every legal mandate under federal education law that our schools are held to under normal circumstances. This fear is why some states are and districts are now opting not to provide any education to any child, which is not the right action to take either.

Many states and districts simply lack the infrastructure to ensure students are developing as usual, and can’t fully meet the special learning needs of students with disabilities. By law, schools have a duty to continue evaluating and reevaluating students to determine their eligibility for special education services and/or 504 accommodations. These require both access to the students to evaluate them and then ability to convene meetings. This is a difficult, if not impossible, task.

Without a waiver, unless a district provides services exactly as written in the IEP in terms of frequency, duration, and location, they are likely in violation. Amending those IEPs would be extremely labor intensive for urban and rural districts alike. Districts are already being inundated with due process requests, OCR complaints, and even federal lawsuits. Without a waiver, costly litigation could most certainly occur against states and districts who operate in good faith to provide services. States and districts cannot afford unnecessary legal action during a crisis. Legal action takes away from all students and teachers. It is fiscally irresponsible to not protect our states and districts from potential frivolous lawsuits against those states and districts that inadvertently fail to meet obligations. Statistics reveal that IDEA is the 4th most litigated federal civil statute in the United States.

That is why Professional Educators of Tennessee encourages Congress to “allow the U.S. Department of Education to modify its guidelines for a limited time granting states flexibility under the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act of 1973 (Section 504) to allow an unprecedented response during this international health crisis. However, we would oppose any extended permanent time period, past this crisis.”

The proposed CARES Act also affords the Secretary of Education broad waiver authority over the Higher Education Act (HEA), the Elementary and Secondary Education Act (ESEA), and Carl D. Perkins education laws. The COVID-19 outbreak has placed a tremendous and unprecedented strain on schools and districts across Tennessee. Critics of this provision argue that a reprieve, even temporary, will abandon and damage our special needs children. In reality, it allows for states and districts time to build capacity to better serve ALL children, especially those served by IDEA and Section 504.

Secretary DeVos currently lacks the necessary flexibility under current law to allow for state waivers in these areas. These waivers are not about allowing schools and districts to abdicate their responsibility under IDEA and Section 504. It is about giving states time to implement proper protocols given the current situation facing states and our nation. In addition, many students lack computers and essential wi-fi access.

Many districts and schools lack staffing and proper support to deliver IDEA and 504 services during the COVID-19 outbreak. LEAs should endeavor to provide service when and where available. However, districts cannot guarantee access and equity at this time. This alone justifies providing Secretary DeVos the needed authority to waive key provisions of IDEA and Section 504 for a brief period while state and local education leaders are seeking genuine solutions to help all of our students.

FOR IMMEDIATE RELEASE

The American Constitution [View/Download PDF]

FOR IMMEDIATE RELEASE

SUPPORTING EFFECTIVE INSTRUCTION [View/Download PDF]

In a story seemingly lost over the summer, Commissioner Candice McQueen went to bat for federal funding on behalf of Tennessee’s 146 school districts, 70,000 educators and 1,000,000 public school students in Tennessee over federal funding. The federal government has proposed funding reductions and eliminations of key education programs in the FY2018 budget proposal.

McQueen, like our organization, has substantial fears concerning the proposed elimination of the Title II, Part A program. The program, which is officially called the “Supporting Effective Instruction State Grant,” is the only funding source that is explicitly reserved for educators. Specifically, these funds provide federal dollars to recruit, retain, and train high-quality teachers, principals, and school leaders. These funds were cut by $294 million in the FY 2017 budget and proposed for elimination in President Trump’s FY 2018 budget. This funding elimination will also impact non-public schools in Tennessee, and perhaps other states.

Over the past decade, Tennessee has utilized its Title II funds to align with state priorities and support educators across the state. As a specific example, Tennessee has worked to empower districts by providing key human capital data to address equity and shine a spotlight on students’ access to highly effective teachers. This data has also helped to strengthen and expand the teacher pipeline for our rural communities, which account for about two-thirds of our districts. “These kinds of initiatives must continue to be supported,” according to Commissioner McQueen.

Criticism of this program is that it is inadequately structured to support activities that have a measurable impact on improving student outcomes. That argument could be made of many federal education programs. And even though that may be the case nationally, we believe that Tennessee has strategically aligned its support of effective instruction by tying it to our state priorities. Tennessee supports its educators more effectively than many other states and deserves this funding.

We share Commissioner McQueen’s concern. We understand the importance of supporting our teachers and leaders with Title II, Part A across the education continuum. This funding helps improve educator preparation programs, establishing leadership pipelines in rural and urban communities, developing collaborative learning communities, ensuring effective classroom instruction, and also supporting students attending non-public schools by serving teachers through their participation in this vital grant program. In Tennessee, 98% of participating non-public schools participate in Title II, Part A. Based on current student data, the enrollment in these participating schools across the state exceeds 42,000.

Effective teachers are the major in-school factor in improving student achievement. Supporting our teachers and leaders from educator preparation programs, to the classroom, and through their careers is the only way to achieve success for all students. Title II funds have contributed to our state’s success in becoming the fastest improving state over the past four years. We appreciate Commissioner McQueen’s leadership on this issue, and shared commitment and concern on this issue. We hope the federal government will reconsider and continue to fund the “Supporting Effective Instruction State Grant.”

FOR IMMEDIATE RELEASE

EDUCATING A NEW PRESIDENT  [View/Download PDF]

The election of Donald Trump sent shockwaves throughout the Washington DC establishment. For many years our citizens have grown distrustful of our federal government and those who govern. It is why those outside the establishment did much better than those within. We inherently know that solutions do not come from the White House. They are more likely to come from our house, local government and state government.

The leadership of the teacher unions hastily endorsed his opponent Hillary Clinton in the primary, selecting her over rival Bernie Sanders to the dismay of many union members. Politicians understand political endorsements were done from the top, pretty much without debate. The political calculation and strategy backfired and now will likely fuel more education reforms pushed down to the states by the Federal Department of Education. We need less federal intrusion.

When Donald Trump is inaugurated as President of the United States, his education advisors should remind him that out of the roughly 55.5 million K-12 students in America, 49.5 million of them are in our public schools, which is a little over 89%. So, while his campaign buzzwords of more “school choice” and “ending common core” were popular sound bites, they are also somewhat naïve.

As President, Donald Trump and his administration would be wise to start reaching out to public school educators. Not all educators are members of the NEA or AFT. In fact, there are more educators that are members of independent education associations than the AFT. Most of the independent organizations do not endorse political candidates, or use their members’ dues to fund political candidates. It is a sharp distinction. The Trump Administration should quickly reach out to these groups.

Vouchers are not a magic bullet to improve the quality of public schools. Vouchers are also not a solution to problems in urban cities. These cities face societal challenges well beyond the classroom door. Most communities lack the number of high quality private schools to meet any real demand. It is clear that for now and the foreseeable future, a vast majority of children will be educated by public schools. We must focus on making public schools successful. Hopefully, Donald Trump paid attention to the elections in several states which rejected school choice initiatives. Therefore, choosing an education secretary that is pro-voucher could be very problematic.

For all practical purposes, common core state standards are already dead. One-size-fits-all mandates and centrally planned curriculum are no longer fashionable, but could return, although unlikely anytime soon. About 20 states still use the aligned tests. That number is also likely to decline. The Trump administration should focus on using their bully pulpit for the reduction of high stakes testing and making sure the federal government’s role remains limited.

The Trump team should put a mandate in place that stops compulsory unionism in public education in non-right to work states. Thomas Jefferson hailed America as a society that is formally democratic and individualist. In the Virginia Statute for Religious Freedom, Jefferson wrote: “...to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical.” Teacher unions, which once served a noble purpose of helping teachers and children, have unfortunately become a piggy bank to politicians and many non-education causes. We believe in the rights of educators to be members of any organization that reflects their values, but they should never be forced to join as a condition of employment.

A strong public educational system is essential not only to the successful functioning of a democracy, but also to its future. That system must provide all children with an equitable and exceptional education that prepares them for college, career and life. A pragmatist such as Donald Trump will analyze the purpose of public education and eventually reach that conclusion, if he is surrounded by people who know public education, preferably from outside of the current education bureaucracy.

We encourage Mr. Trump to go out and visit our public schools and see the incredible things that educators are doing every day across our nation. We think he would be amazed. 

FOR IMMEDIATE RELEASE

SUCCEEDING WHERE RACE TO THE TOP AND NO CHILD LEFT BEHIND HAVE FAILED  [View/Download PDF]

Every few years, there arises a new idea to save American public schools. Most recently they have been No Child Left Behind (NCLB) in 2001 and Race to the Top (RTTT) in 2009. NCLB sought to use standards and accountability to push students to proficiency. RTTT pushed states to evaluate their teachers in relation to their students' test scores, and implement merit pay. In addition, schools that continued to exhibit low test scores were to be reconstituted with new management and staff or turned into charter schools.

The $4.35 billion dollars championed by President Obama, and provided by the United States Department of Education, were designed to spur and reward innovation and reforms in states and school districts. Unfortunately, these types of programs seem to fail in providing our schools with the quality education every child deserves by stifling innovation and creativity. RTTT did little to improve equality of educational opportunity. In 2014, elementary, secondary, and vocational education only received 1.62% of federal tax dollars, and RTTT created a competition for those dollars.

Why is this strategy failing? You could assume that grants and financial funding would be enough incentive in aiding our schools to perform at the highest quality. Standardized tests provide important feedback on individual students which helps teachers meet the needs of those children. Policymakers probably never intended for test scores to be the only measure by which teachers are judged. It is that very idea of enforcing antiquated standards of learning-for-the test that has plagued many schools for the past decade. So how can our kids learn? What is the best way to educate the leaders of tomorrow?

In many schools across the nation, many educators are embracing the concept of culturally responsive teaching as a framework for their teaching style. Culturally responsive teachings are lessons and conversations that kids learn in the classroom and relate to what they experience in an everyday setting within their communities and the world around them. This tactic of using cultural knowledge, prior experiences, and performance style opens up a sense of diversity for students to learn in more appropriate ways that can be effective for them throughout their academic careers. You connect the students in the classroom to the realities of what they know and where they live.

So how does it work? Culturally responsive teaching is a pedagogy that recognizes the importance of including students’ cultural references in all aspects of learning. How it works is by rethinking the overall framework of a lesson. While it is important to utilize the lesson plans and foundations for learning, incorporating outside, yet student-relevant information can be incredibly powerful to a teacher’s lecture and student’s engagement.

Take for example a lesson on natural disasters. Complementing your lesson with events such as the North American blizzard of 2008 that blanketed our state, or the Nashville Flood of 2010, considered a flood that occurs only every thousand years, can provide students a point of how to relate to the topic. Going even further and relating specific events to their lives will not only interest the students, but also enlighten them in enjoying the class.

While there needs to be much research invested in the idea of this pedagogy, the goal behind culturally responsive teaching is simple: it wants its students to develop their own voice that will allow them to be academically successful, critically conscious, and forces of change within their communities. However, before doing so, they need to see a future in which they are given the knowledge and foundation to make that influence. The power to read well, write analytically, and speak knowledgably will be their voice. This concept is only the beginning to something so great. It can build upon the ineffective campaigns of No Child Left Behind or Race to the Top and hopefully change our state and nation for the better.