Opportunity to Learn,

Forum on Educational Accountability, and the

Forum’s Recommendations for OTL in ESEA Reauthorization

By Molly A. Hunter, Esq., Director of Education Justice, Education Law Center

Remarks at Hill Briefing, “All Children Deserve the Opportunity To Learn”

Russell Senate Office Building, February 22, 2010
Sponsored by Senator Sherrod Brown & Forum on Educational Accountability
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Shocking Opportunity Gaps

Students must pass a laboratory science course to graduate from high school in New York
State, but, 31 high schools in New York City had no science labs. Many high schools in
California’s low-income and minority communities do not offer the curriculum students must
take just to apply to the state’s public universities – quite a fine university system for those
who have access.

The vast majority of low-income students, English learners, minorities, and students with
disabilities in Kansas were enrolled in the school districts that received the least per-pupil
funding from the state. In South Carolina, annual teacher turnover rates exceed 20% in eight
low-wealth, rural, largely minority, school districts. Schools cannot be successful when they
are losing over 20% of their faculty every year.

These facts emerged in state court lawsuits about missing opportunities in each of these
states. Unfortunately, most states have similarly unjust systems for allocating key education
resources, such as good school facilities – like science labs -- access to college prep
curriculum, and a stable, experienced teaching staff.

As an attorney who has worked on and paid close attention to these lawsuits in state
courts that seek better educational opportunity, this issue of Opportunity To Learn resonates
and reflects the realities in many schools. These cases have been filed in 45 of the 50 states,
indicating a nationwide problem. The evidence in these cases reveals shocking inequalities in
school resources, and shows crucial resources missing in many schools in low-income and
minority communities.

State and Federal Laws

Underlying these resource gaps are state school funding systems that typically provide
well-to-do school districts with three times as much funding as low-wealth districts. This 3:1
ratio causes huge opportunity gaps in schools from one community to the next. To put this in
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perspective, it is the state school funding systems that provide over 90% of K-12 education
funding nationwide.

Title I, IDEA and other federal programs are crucial, of course. Nonetheless, it is important
to remember that the state systems, which are often grossly inequitable, supply most of the
funding for our schools. Why is it important to know that most funding is state funding?
Because federal education laws, such as the reauthorized ESEA, could transform these
dominant finance systems from barriers for urban and rural students into engines for
opportunity by pushing the states to make their education systems fairer and more equitable.

Three Questions

I will answer three questions:

First: What is the Forum on Educational Accountability, also known as FEA, and the
organization sponsoring this briefing, along with Senator Brown of Ohio?

Second: What is “Opportunity To Learn,” the topic of this briefing? The term itself conveys
a certain meaning. But, we explore it a little.

Third: What are FEA’s positions on Opportunity To Learn, that is, its recommendations for
OTL in the reauthorization of ESEA?

There is a quiz at the end, so pay attention!

I. What is the Forum on Educational Accountability?

The Forum on Educational Accountability is an alliance of national education, civil rights,

religious, disability, parent, union, and civic organizations. These organizations came
together because they all support comprehensive public school improvement.

FEA supports the goals of the current ESEA, that is, “No Child Left Behind,” which sought
to raise achievement for all and close achievement gaps. Another NCLB goal is ensuring that
all children have a “fair, equal and significant opportunity” to become proficient in rigorous
academic standards. “…fair, equal and significant opportunity . . .” Looking across the
country, this goal is not being reached.

FEA promotes positive changes to ESEA and related federal law and policy. To realize this
purpose, FEA is working to further develop and then enact, in the next reauthorization,
legislative changes based on the positions for positive change that it has adopted.
We -- FEA -- have articulated our positions in two documents – both available on our
website. FEA issued the “Joint Organizational Statement on NCLB” in 2004. FEA’s second
document is “Empowering Schools and Improving Learning,” which we released in 2009.
FEA has also issued two reports to provide concrete policy recommendations and to
contribute to discussions about the pending reauthorization. Those reports are:
“Assessment and Accountability for Improving Schools and Learning,” and
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 “Redefining Accountability: Improving Student Learning by Building Capacity”
These reports are available on the FEA site, which is www.edaccountability.org.
FEA also won four significant changes to the federal Higher Education Act, reauthorized in
2008.
Last year, FEA submitted comments on the proposed regulations for “Race to the Top”
and the “School Improvement Grants.” FEA suggested significant revisions away from
unproven strategies and towards strategies that build the capacity of schools to educate their
children and offer the Opportunity To Learn.
In anticipation of increasing activity in the Congress on the reauthorization of ESEA, FEA
last fall decided to offer a series of forums in 2010 to present some of its key
recommendations and to hear from a variety of people who can inform and enlighten us on
these important issues, such as Dr. Jackson and Dr. Gándara today. The series of forums is
entitled "Transforming ESEA: Helping Public Schools Improve."
Six forums are planned in DC from January through June. Power points and other
information from January’s forum on assessments are available at the FEA website. In
addition to this Hill briefing on Opportunity To Learn, FEA will sponsor a March 17 forum on
“Accountability that Advances Learning,” and an April 15 forum on addressing the needs of
diverse learners. Stay tuned for upcoming information on all of these forums.

II. What is Opportunity To Learn?

Its history is revealing. Opportunity To Learn emerged in the late 1980s and early 1990s,
when “standards-based reform” became the leading focus of education policy nationwide.
Standards-based reform marks the 1989 Education Summit, convened by the first
President Bush and attended by all 50 governors, as a turning point. From this summit, and
other summits that followed, sprang the impetus that led all 50 states to adopt learning
standards. Some states acted sooner, some later, and the quality and depth and breadth of
the learning standards vary. Nevertheless, all 50 did adopt standards.
The standards tell us “what students need to know and be able to do,” preferably in all
subjects and at all grade levels.

The “reforms” were termed “standards-based” because the intension was to realign all
aspects of our education systems to enable students to reach the learning standards. For
example, many teacher preparation programs realigned themselves with their state’s learning
standards to ensure that their teacher graduates would be ready to teach to the new
standards. States and LEAs (Local Education Agencies, usually school districts) realigned
their curriculum with the learning standards also, and assessments were realigned in an effort
to measure student progress toward the learning standards’ goals.
Of course, reformers articulated Opportunity To Learn standards too: Access to science
labs and equipment, for instance, because the learning standards called for knowledge of the
scientific method and laboratory procedures; Access to computers to learn information
technology, access to a gymnasium or playing fields for physical education, and so on,

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throughout the standards-based curriculum, to match resources and opportunities to the
learning standards.

Unfortunately, the OTL standards were not adopted. Unlike some parts of our education
systems, resources have not been realigned with the new, ambitious learning standards. As a
result, holes in the underlying network of the basics that students need thwart our students,
preventing them from realizing some of the learning standards. There’s a major mismatch.

It’s as if we’re asking many of our students to learn how to swim

in a pool with knee-deep water.

Opportunity To Learn has been a theme in the state court litigations I mentioned earlier,
and in some of the judges’ decisions. They “get it.” The opportunities must be there for our
kids, they write.

Now, OTL has re-emerged in education discourse. Dr. John Jackson and the Schott
Foundation are calling for the Opportunity To Learn for the many students who are not
receiving their chance at the American Dream. And, in February 2010, as you may have
noticed, the Center on Education Policy (CEP) issued its recommendations for ESEA
reauthorization, including the Opportunity To Learn. CEP also recommends a significant OTL
Fund in the next ESEA.

In sum, Opportunity To Learn refers to the conditions in schools and classrooms that
enable students to learn so they can become capable citizens and workers. Millions of
children in America’s schools receive the Opportunity To Learn, but million of others do not.

III. What are FEA’s recommendations for OTL in reauthorizing ESEA?

FEA has several recommendations on OTL. Beginning with its first statement of principles,
the “Joint Statement on NCLB,” issued in 2004, FEA concluded that ESEA's emphasis
needed to shift from applying sanctions for test scores to holding states and LEAs
accountable for making the systemic changes that actually improve student achievement. Of
course, those changes would also improve Opportunity To Learn.

The 2007 FEA report, “Assessment and Accountability for Improving Schools and
Learning,” written by an independent expert panel, concluded that the federal government
needs to
provide the equitable opportunities to learn needed to reach the
ambitious goals for student achievement,…

and must

help states, districts, and schools fulfill their educational

responsibilities…by ensuring that all students have equitable
access to the resources and tools…they need to succeed . . .
FEA’s “Empowering Schools” recommendations, released in 2009, explicitly address
Opportunity To Learn, and do so in more detail. Empowering Schools concludes that changes
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in the federal role in public education are needed in three areas: empowering all schools so
they can better ensure strong learning outcomes; providing more adequate and equitable
resources; and developing accountability that focuses on systemic school improvement,
assessing outcomes via multiple measures, and students' Opportunities To Learn.
“Empowering schools” states that to ensure OTL, the Congress should add to and change
ESEA in the following ways.
Data Collection

ESEA shall provide for the development of comprehensive statewide indicator systems to
collect evidence on such school factors as:
Equitable and sufficient distribution of qualified staff;
Class size;
Buildings, libraries, technology, and other learning resources;
School climate;
Parental engagement; and,
Family and community support for learning.
This is a partial, not a comprehensive list.

Further, ESEA must require data collection to identify key inequities that affect learning
outcomes and help states move quickly toward greater equity and adequacy of school
resources. FEA recognizes that this process poses complex issues, but asserts that rapid
progress toward this goal must be achieved. Such indicator systems should also provide
evidence about learning outcomes, such as high school graduation; college readiness,
enrollment, and progress; employment; and civic participation.

In addition, the system should collect information on out-of-school factors including health
care, housing, employment, and community safety. Obviously, schools cannot collect these
data. Collection of these indicators would be a collaborative activity involving relevant state
and federal departments and agencies. This evidence will help improve Opportunities To
Learn and support school improvement efforts.

Opportunity to Learn

Each state must develop strategies for providing resources to overcome inequities and
inadequacies identified by the indicators. The goal is to provide resources sufficient to ensure
every child can participate in high quality learning experiences. Each state must report on the
indicators, its strategies, and its progress to the public. The federal government should
provide a biannual report to the public as to status and progress on these indicators across
the states.

Full and Mandatory Federal Funding, Appropriations, IDEA, and Cost Studies

Funding and OTL are different but related. FEA recognizes the need for better, more
sufficient and equitable funding, and the critical role funding plays in ensuring Opportunity To
Learn. Inputs, including funding, greatly influence outcomes. FEA’s recommendations on
funding follow.
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 The goal of ESEA should be to ensure that all children have access to a high-quality
education and achieve high-quality learning outcomes. To that end, federal funding for
education must increase substantially and the education department must enforce the
“supplement, not supplant” requirement for Title I funds.

Through ESEA and the appropriations process, Congress should continue to provide
assistance by supplementing the local and state funds available to schools and districts with
concentrations of low-income and diverse students. Congress should fully fund ESEA Title I,
and the IDEA, part B, and make both mandatory federal budget items. The increased
mandatory allocations would more than double the amounts now provided by these laws.

The federal government should fund a significant portion of the cost of implementing the
systemic school improvement changes described elsewhere in FEA’s recommendations.
Congress also should appropriate substantially increased sums to better meet the needs of
students served under the other Titles and parts of ESEA and IDEA.

In addition, funding should be provided for school modernization programs, that is,
facilities funding.

The federal government should also conduct studies to determine the costs of providing a
high-quality education to all students.

Conclusion

FEA is a broad-based alliance working for positive changes in ESEA through the pending
reauthorization. Naturally, our documents are not in statutory language, and FEA is prepared
to work with congressional staff and provide draft statutory language for our proposals.

Opportunity to Learn is the principal that all children deserve a genuine opportunity to
learn what standards tell us they need to know and be able to do. OTL is the missing leg of
our standards-based K-12 education policies and laws. Without OTL, many of our children
will continue to be left behind.

FEA’s positions on the Opportunity To Learn are several. Very briefly, ESEA needs to be
changed to require data collection on opportunities in place and missing. Federal law needs
to push the states to move more quickly toward genuine Opportunity To Learn for all
students, that is, closing opportunity gaps. And, federal funding needs to increase, become
mandatory, be based on actual costs.

Finally, let me reiterate that it is our low-income and minority children – those ESEA was
always intended to give a fair opportunity – to whom we most often deny crucial education
resources.

Copyright © 2010 Education Justice. All Rights Reserved.

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