debating education

EASTERN EVIDENCE DEBATE HANDBOOK
1999-2000 NATIONAL HIGH SCHOOL DEBATE TOPIC

PAGE		ARGUMENT SECTION

		GENERAL
2		DEFINITIONS OF POLICY TERMS (NOT TOPICALITY)
5		TOPIC BACKGROUND ON EDUCATION REFORM

7		NEGATIVE VS. CASE
8		NO HARMS OR SIGNIFICANCE
28		NO SOLVENCY
126		NO INHERENCY
129		NEG AGAINST TECH IN SCHOOLS

138		NEGATIVE CASE TURNS
139		FOCUS ON GRADING IS BAD
148		FOCUS ON GOING TO COLLEGE IS BAD
153		BUREAUCRACY BARRIERS TURN CASE
158		SCHOOL REFORM IS COUNTERPRODUCTIVE
163		PRESSURE ON STUDENTS CAUSES HARMFUL STRESS

166		NEGATIVE COUNTERPLANS
167		STATES CP & FEDERALISM DA
194		DESCHOOLING COUNTERPLAN
230		RECONSTITUTION COUNTERPLAN

236		DISADVANTAGES
237		POLICY CHURN
241		DISABLING PROFESSIONS
252		LABELING
262		CURRICULUM TRADE OFF
272		PROPS UP CAPITALISM
282		INFRINGES ON STUDENTS RIGHTS

297		CRITIQUES
298		CRITIQUE OF CREDENTIALISM
308		CRITIQUE OF WORK

325		AFFIRMATIVES
326		AFF HARMS & SIGNIFICANCE GENERAL
340		AFF SOLVENCY GENERAL
345		AFF INHERENCY GENERAL
347		CHOICE/VOUCHER AFF
372		SCHOOL UNIFORM AFF
382		FIRST AFFIRMATIVE SPEECHES

The diskette version has over 150 pages of evidence not in this handbook. The CD-ROM has the extra evidence, plus a video of a mini-debate for novices, extensive instructional materials, tournament software, and Internet research links.

EASTERN EVIDENCE is a non-profit educational program of the Lawrence Debate Union and the University of Vermont.
Lawrence Debate Union, 475 Main Street, UVM, Burlington, VT 05405; debate@zoo.uvm.edu, 802-656-0097

DEFINITIONS OF POLICY TERMS

DEFINITION OF BEACON SCHOOLS

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	n216. Beacon schools, a relatively new concept, are supported by both Superintendent Rojas and United Educators of San Francisco. Nanette Asimov, Big Man on Campus: Superintendent Rojas Talks About Violence, School Closures, Test Scores, The San Francisco Chronicle, Mar. 19, 1995, at 1/Z1; interview with Kent Mitchell, former Treasurer and current President of United Educators of San Francisco, in San Francisco, CA (Apr. 11, 1997). Superintendent Rojas describes beacon schools as ``a nearly 24-hour, one-stop shopping center where the kids go to school for more than just an 8:40 a.m. to 3 p.m. academic program. They use it for social and health services, mental health services, recreational activities and educational enhancement activities. We could run community centers there from late afternoon into the early evening.`` Asimov, Big Man on Campus, supra this note. See also the discussion of Los Angeles` LEARN schools, a comparable model, supra notes 66-68 and accompanying text

DEFINITION OF CHARTER SCHOOLS

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	Charter schools also tend to focus on a unique, high quality curriculum. However, charter schools are more focused on school structure; charter schools are developed by individuals with a common philosophy and are often exempted from regulations affecting schools in general. For example, charter schools tend to embrace site-based management, shared governance, and community outreach. These structural differences increase the potential for community involvement in charter schools as compared to traditional schools. In addition, in many states charter schools are released from agreements with local teachers` unions. See, e.g., Grassroots, NEA Today, Feb. 1995, at 8 (highlighting a decision striking down Michigan`s school charter law). Charter schools have competitive enrollment procedures and public funding is directly tied to enrollment. James A. Peyser, Issues in Education Law and Policy: School Choice: When, Not If, 35 B.C. L. Rev. 619, 621 (1994). 

CHARTER SCHOOLS ARE WIDELY DIFFERENT FROM COMMUNITY TO COMMUNITY

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	The trade-offs are similar in respect to charter school programs. The charter statutes vary from state to state. n140 Some charter statutes do no more than create an optional arrangement for existing public schools to enjoy a change in their method of governance, allowing them more site autonomy; other states have tried more far-reaching schemes, providing public funding for minimally regulated entrepreneurial schools. n141

FOUR TYPES OF SCHOOL CHOICE PROGRAMS - THEY ARE VERY DIFFERENT

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	 States have enacted various school choice programs in an attempt to create a free market of educational alternatives. The four types of choice programs in use offer a range of alternatives to students attending a designated public school in their district. Intra-district Public Choice frees parents to choose among public schools in their district. Inter-district Public Choice expands this alternative by offering parents the option of transferring their children into school districts other than their own. Both of these systems condition the acceptance of students on the availability of space in the chosen school. The third approach adopted by a number of states is Market-Oriented Public Choice. This method of school choice focuses on the creation of self-managed public schools funded according to the level of enrollment but free of many of the state`s educational regulations. The final method applied today is Private Choice, a system which provides funds directly to parents in the form of vouchers or tax breaks which fund all or a portion of the cost of the public or private school chosen. The latter two methods of choice are the main focus of this article. 

SCHOOL CHOICE: THREE LEVELS - INTERDISTRICT CHOICE, VOUCHERS FOR PUBLIC & PRIVATE SCHOOLS, AND COMPLETE FREE MARKET

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	Reform is a favored mantra in public education. n4 Some proposals, such as interdistrict vouchers that remove residential restrictions for children to attend particular public schools, work within the public system and retain primary responsibility for delivery in the government. n5 Other options, however, such as voucher programs that allow public funds to pay tuition at private schools for certain students, rely on private providers. n6 A market delivery approach, which displaces  [*696]  government control, has even extended an opportunity for profit-seeking enterprises to enter a realm traditionally occupied by public and nonprofit providers.

CONSTRUCTIVISM IS PROBLEM CENTERED LEARNING

Deborah Tippens, Department of Science Education, University of Georgia; and Kenneth Tobin, Science Education Program, Florida State University, 1993, TEE PRACTICE OF CONSTRUCTIVISM, ``Constructivism as a Referent for Teaching and Learning`` //GJL
	Wheatley (1991) described approaches to curriculum that have been carefully built with constructivism as a referent. Known as problem-centered learning, students work together in small groups making meaning of tasks and setting out to solve problems that are perplexing. The teacher in such classes has an important mediating role, ascertaining what students know and structuring tasks such that they can build knowledge structures that are commensurate with knowledge of the discipline. Wheatley described how students negotiate meaning in small group situations, and then negotiate consensus in whole class settings, The teacher`s role is to monitor student understandings and guide discussions so that all students have opportunities to put language to their understandings and to engage in activities such as clarifying, elaborating, justifying, and evaluating alternative points of view. Such visions of classroom learning environments are exciting and appeal as viable alternatives to those so often reported in studies of learning in traditional classrooms (e.g., Tobin and Gallagher 1987). However, as appealing as these alternative visions of classroom learning might be, to label them as constructivist tends to mask -an important application of constructivism. Then time for such cognitive activities as clarifying, elaborating, justifying, and considering the merits of alternatives. From a constructivist point of view the emphasis is on the teacher as a learner, a person who will experience teaching and learning situations and give personal meaning to those experiences through reflection, at which time extant knowledge is connected to new understandings as they are built from experience and social interaction with peers and teacher educators.

EBONICS EXPLAINED

HARPER, FREDRICK, D., HOWARD UNIVERSITY, 1998, THE JOURNAL OF NEGRO EDUCATION, ``EBONICS AND ACADEMIC ACHIEVEMENT: THE ROLE OF THE COUNSELOR``//EE2000 JMP PG.26
	Ebonics is a dialect or language system with its own distinct rules. It differs systematically from White American English dialects, not in complexity or efficiency, but in the rules of vocabulary, phonology (pronunciation), grammar, style, and communicative clarity that apply to it. The most obvious difference is in phonology. For example, in Ebonics, final consonant sounds are often reduced or deleted (e.g., ``test`` is pronounced ``tes``). Linking verbs may also be deleted, as in the ``He goin``` of Ebonics compared to the ``He is going`` of Standard English. Further, possession can be indicated in Ebonics, without using the possessive suffix (e.g., ``He John cousin,`` instead of ``He is john`s cousin``). Ebonics also permits deletion of the plural marker; thus, ``five cents`` is expressed in Ebonics as ``five cent.`` Another syntactical rule that is often used in Ebonics but not prevalent in Standard English governs the use of the negative concord. As such, ``He don` got none`` is perfectly acceptable, for double negatives can be used to reinforce or emphasize a negation. Table I presents a schema for grouping these and other rules of Ebonics, along with examples that demonstrate each rule.

THE WORD ``DISABLED`` IS A SOCIALY CONSTRUCTED TERM

Simi Linton, Susan Mello, John O`Neill. 1999, RADICAL TEACHER: Disability Studies: Expanding the Parameters of Diversity//ee2000 ris pg 4
	Faculty in various disciplines try to explain social construction to students. The idea that disability is a construct is particularly difficult to understand and therefore it is a useful and challenging test case. Students in one of the author`s classes (Linton`s Social and Psychological Aspects of Disability) have made some very useful connections among various forms of social construction when we have discussed some of the following examples of variation in different societies` treatments of groups we currently call ``disabled.``

DEFINITION OF GIFTED STUDENT

Anne Scholtz Heim, January, 1998; Journal of Law & Education CHALK TALK: Gifted Students and the Right to an Ability-Appropriate Education // acs-VT2000
	Gifted students are those children who ``deviate either intellectually, physically, socially or emotionally so markedly from normally expected growth and development patterns that he or she is or will be unable to progress effectively in a regular school program.`` n1 Pennsylvania uses much the same characteristics to define giftedness in its regulatory code, stating mentally gifted children have ``outstanding intellectual and creative ability, the development of which requires special services and programs not ordinarily provided in the regular education program.``

LINGUISTIC SKILLS DEFINED

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	Linguistic-The power of communication is taught by developing oral, written and foreign language skills. Debate, forensics, public speaking, persuasive and expository writing are used to teach students to think critically, to solve problems and to resolve conflicts[.] 

DEFINITION OF A MAGNET SCHOOL

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	Magnet schools are ``public schools of voluntary enrollment designed to promote integration by drawing students away from their neighborhoods and private schools through distinctive curricula and high quality.`` Raina Brubaker, supra note 21, at 582. 

DEFINITION OF PEER MEDIATION

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	What is Peer Mediation?     Peer mediation has acquired almost saintly status in today`s elementary, middle, and high schools. Thousands of schools across the United States and around the world have implemented peer mediation programs of various shapes and sizes, with the expectation that violence and suspensions will be reduced, school climate will improve, and students will learn and take with them essential life skills. Rebecca Iverson of the San Francisco Community Board`s peer mediation program estimates that there are currently 8,500 peer mediation programs in the U.S. alone. n2 Richard Cohen of School Mediation Associates (SMA) in Cambridge, Massachusetts, guesses that now half the teachers in the country have heard of peer mediation, whereas  [*214]  ten years ago the concept was known only to a handful of enthusiasts. n3 As we discuss in detail later, many educational and social theories have contributed to the rising popularity of peer mediation.

DEFINITION OF PEER MEDIATION

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	Peer mediation is the use of trained student mediators to resolve disputes among their fellow students. The most common disputes mediated include arguments between friends, playground fights, property/theft issues, rumors, and boyfriend-girlfriend conflicts. 

RAWLS` THEORY OF JUSTICE EXPLAINED

BRADLEY W. JOONDEPH, Professor of Law, Washington University, Spring, 1998; Washington University Law Quarterly ARTICLE: SKEPTICISM AND SCHOOL DESEGREGATION // acs-VT2000
	John Rawls, A Theory of Justice 136-37, 302 (1971) (postulating that if people were placed in ``the original position`` behind a ``veil of ignorance,`` such that ``no one knows his place in society, his class position or social status,`` they would favor a social and political system under which ``social and economic inequalities are to be arranged so that they are both: (a) to the greatest benefit of the least advantaged ..., and (b) attached to offices and positions open to all under conditions of fair equality of opportunity``).

TOPIC BACKGROUND ON EDUCATIONAL REFORM

FIVE CATEGORIES OF REFORM

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform acs-VT2000 p. 25-28

The Five Reform Categories

Five categories of reform formed the policy core of Third Wave school reforms in the 1990s. The five reforms were selected because they comprised the programmatic elements of an eight-part series on school reform that Education Week, the education community`s newspaper of record, ran in early 1993. Their prominence in Education Week during the 1992-95 period of interest provided assurance that these reforms were of practical interest to educational practitioners and scholars. Because the Third Wave reforms were just gathering steam in the early 1990s, much of the action on these reforms conveniently took place during the 1992-95 period. The five kinds of reform studied are summarized below.

DAY AND TIME MEASURES. Efforts to reform the school day and the use of time in schools generally focus on either adding more classroom time or on rearranging the school day so as to permit time to be used in different ways. Measures that add a fixed amount of time to the school day, add days to the school year, or require a minimum number of classroom hours are examples of reforms that seek to increase the amount of time students spend learning. Adjusting the length of classes to encourage new kinds of instruction or juggling the school week to create opportunities for professional development are efforts that seek to use time adjustments to alter teaching practice. Of the five types of reform, changes in time were the most likely to be handled at the school site level, rather than through districtwide policy.
School day and calendar reforms normally attracted very little attention, because they were mundane and were often handled at the school sites. Despite this low public profile, significant changes in the school day or calendar can disturb the daily lives of teachers and families, and thus carry a high risk of instigating conflict. The most common scheduling reforms, accounting for more than a third of all measures cited by respondents, were proposals to extend the school day or to move to a year-round schedule at selected district schools.

CURRICULUM. Curricular reforms encompass a wide range of proposals dealing with what and how students learn. This category included attempts to strengthen promotion or graduation requirements, to introduce multicultural approaches, to revise reading lists, and to increase experiential (``hands-on``) learning. The most frequently proposed measures were some form of heightened graduation requirement and multicultural or inclusive curricula, but more than a dozen different kinds of measures were cited.

EVALUATION. Evaluation reforms address the ways in which students` performance is measured. Proposals to reform evaluation include shifting from one kind of assessment to another, increasing the frequency of testing, and using test results in new ways. Third Wave reforms, in general, have been trumpeted as emphasizing a closer connection between what tests measure and what students are actually taught. Reformers have particularly advocated portfolio assessment (collections of student work) and outcome-based measures in lieu of traditional standardized tests. Ironically, while the experts were touting authentic assessment, some rank and file were promoting traditional assessment. More than a quarter of the reform efforts cited by respondents involved districts shifting toward more standardized testing. For instance, a South Bend, Indiana, respondent explained that the district had ``raised standards for student performance and added a graduation test that`s administered in the tenth grade. We raised the percentage scores required and the range of skills needed.`` A Santa Monica, California, respondent described the opposite change: ``We have moved away from certain kinds of assessment tests, such as multiple choice and essay questions, to more authentic assessment and to portfolios and that sort of primary performance documentation.`` Both kinds of change were hailed as reform and considered to be progress, even though respondents and reformers viewed the two approaches as largely contradictory.

PROFESSIONAL DEVELOPMENT. Professional development reforms are intended to improve the effectiveness of teachers by enhancing their instructional skills. Professional development reforms ranged from minimal changes, like instituting once-a-month after-school workshops for teachers, to creating local academies that would work with sets of teachers for six or eight weeks at a stretch. Other measures included mandated training in areas such as racial sensitivity or bilingual education, providing time for teams of teachers to meet, or revising teacher evaluation.
Professional development generally attracted little attention and proved relatively uncontroversial. The reason for the low level of controversy is that generally only measures acceptable to the union were proposed, with the most common reforms simply giving teachers more time for professional development or modifying the emphasis of existing programs. Of the five reforms studied, the union was reported to exert the most influence on behalf of, and to be most favorably disposed toward, professional development proposals. Respondents described professional development reform as offering little reason for teachers to oppose it. A Bloomington, Indiana, respondent said of the ``most significant`` local proposal, ``I`m not sure you can even call it a proposal. It was offering more workshops for teachers and time off for teachers to do these kinds of things.`` In Boston, the district and union negotiated a contract that created a center for leadership development to provide ``professional development opportunities for teachers, parents, and administrators.``

SITE-BASED MANAGEMENT. Site-based management (SBM) is the attempt to shift the control of schools from the central administration to the school sites. There are many possible ways to handle SBM, depending on which functions the system attempts to devolve, how completely the functions are turned over to school sites, and who is given control at the school site. Respondents were often unsure about what SBM entailed locally, and they described the nature of site control as varying from one site to another. SBM was the most popular of the five reforms studied, largely because it was a symbolically attractive reform that was visible and provoked relatively little controversy. As one school board member, who had just stepped down as president, said, ``[Site-based management] was basically a political move. The association is very supportive of it.... [The school board] will go along with it, but we`re not going to go out on the streets and die on this one.``

NEGATIVE ATTACKS ON AFFIRMATIVE CASES

8	NO HARMS OR SIGNIFICANCE
	Answers affirmative claims that conditions in and outcomes of schools are a problem. These briefs contend that all is well in American schools and there is nothing to worry about.

28	NO SOLVENCY
	Answers affirmative claims that their plan will solve some problems. Arguments are both general about school reform, but also specific about every kind of school change we could think of. These briefs contend that no matter what you do, you cannot sdolve the problems of school through school reform or solve the problems of society through school reform.

126	NO INHERENCY
	Claims that the status quo has wonderful programs which are already solving most problems. As you can probably tell, this section is fairly short.

129	NEG AGAINST TECH IN SCHOOLS
	For use against affirmative teams who wish to bring new technology (mostly computers) into the schools in the hopes of improving academic achievement.

NO AFFIRMATIVE CASE HARMS OR SIGNIFICANCE

page		Argument

9		Academic achievement in American schools is not in decline
10		Academic achievement in American schools is increasing
11		International academic comparison are faulty
12		American students are well prepared for employment
13		Falling SAT scores should not be a concern
14		Minority academic achievement is improving
15		Attending college is not an important goal
16		High school drop out rate is not a concern
17		Using SAT scores to measure students is appropriate
18		SAT scores are not unfair or discriminatory
19		Violence is not a major problem in American schools
20		American people are misinfored about schools
21		Schools are not attracting poorly qualified teachers
22		Tracking is not a problem
23		Current bilingual programs should not be changed
24		Low grade point averages are not a serious problem
25		Schools have money
26		Students do not need school to learn
27		Anecdotal evidence is inadequate
27		Competition is good
27		Social promotion is not a problem

 AMERICAN SCHOOLS AND ACADEMIC ACHIEVEMENT ARE NOT IN DECLINE

CLAIMS OF SCHOOL FAILURE AND DECLINE DO NOT MEET REASONABLE BURDENS OF PROOF

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 2
	This report goes on to show that contemporary claims of school failure do not meet such a serious burden of proof. In part the claims are just plain wrong, and in part there is simply no credible evidence or adequate data with which to evaluate them. Without such evidence, assertions of school inadequacy are generally supported by selective invocation of anecdotes. Certainly, a nuanced analysis of American education must rely on anecdotes as well as hard statistics. But in the absence of data, anecdotes should be treated with skepticism, especially when they are used to support a viewpoint with a long history of inaccuracy and exaggeration.

CRITICS OF EDUCATION CITE INCONCLUSIVE STUDIES AND RESULTS THAT PERSUADE THE AMERICAN PUBLIC TO BELIEVE FALSE INFORMATION

Judith J. Slater, Florida International University, March/April 1997;JOURNAL OF TEACHER EDUCATION, ``Fiction Masquerading as Truth,`` EE2000--hxm p. 147
	In spite of these warnings, critics con- tinue to cite inconclusive data and disseminate invalid comparisons that influence the American public. Most Americans, as a result (Elam et. al., 1996), perceive their children do less well on tests of math and reading than students in other developing nations. Ironically, it is the bettereducated segments of the population who are most likely to believe that student achievement in both mathematics and reading is lower in the U.S. than in Great Britain, Germany and Japan (Elam et al., 1996, p. 56). The poll also exposes misconceptions and misinformation, evidence that the public is particularly open to exploitation and influence of special interest groups who have as a political agenda the dissemination and perpetuation of the false impressions.

CHARGES OF FAILURE OF AMERICAN SCHOOLS ARE UNFAIR
AND FALSE

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 15
	Americans love to beat up on their schools. Particularly in the past couple of decades, we have taken schools to task for a multitude of sins. Among other things, we have complained that schools have abandoned academic standards, schools have undermined U.S. economic competitiveness, schools are disorderly places that breed social disorder, schools waste massive sums of money, schools no longer provide a reliable way for people to get ahead, and schools reinforce social inequality.
	Many of these charges are unfair or even demonstrably false, but the result of these complaints has been a lot of hand wringing and an endless series of calls for fundamental reform.

THE ARGUMENT THAT AMERICA`S SCHOOLS ARE IN DECLINE IS A HISTORICAL MYTH

Richard Rothstein, Sacramento Bee, November 29, 1998, FORUM; Pg. FO1 HEADLINE: AMERICA`S SCHOOLS ARE IN DECLINE -- AND THEY ALWAYS HAVE BEEN  // acs-VT2000
	If students learn less today than their parents did in the 1950s and 1960s, and if their parents learned less than their own parents learned in the 1930s and 1940s, and so forth, then at some point, going back far enough, one should discover an age when all students learned to read, calculate and think, when citizenship was exercised from an appreciation of history and public values were formed through a study of great literature, when schools stuck to their mission of education and students knew how to behave. 
In fact, if the calendar is scrolled back far enough, one should even come to an age when employers and colleges did not complain about the quality of high school graduates, or when all high school grads knew how to make change. 
But such an age never was. 

THE ERROR OF THINKING THAT OUR SCHOOLS ARE IN DECLINE HAS BEEN CONSISTENT IN THIS CENTURY, AND WE NEED TO STOP MAKING THAT ERROR

Richard Rothstein, Sacramento Bee, November 29, 1998, FORUM; Pg. FO1 HEADLINE: AMERICA`S SCHOOLS ARE IN DECLINE -- AND THEY ALWAYS HAVE BEEN  // acs-VT2000
	History offers us no formula for interpreting the present. But awareness of earlier blindness suggests caution about the bases used to draw contemporary conclusions. Knowing that a mistake has been made again and again in 20th-century America should make us especially careful not to repeat it once more. 

ACADEMIC ACHIEVEMENT IN AMERICAN SCHOOLS HAS BEEN INCREASING

SCHOOLS HAVE MADE REMARKABLE PROGRESS AT IMPROVING, AND WILL CONTINUE TO DO SO

GARY A. BURTON; superintendent of schools, Wayland, MA; December 6, 1998, The Boston Globe; Pg. 2 HEADLINE: Aim of educators in high-tech world  // acs-VT2000
	The changes that have occurred within our schools over the past 13 years and before have proven beneficial. It`s called progress. There is no reason to believe that the changes that are yet to come will be any less advantageous to our children than those that have already shaped and reshaped our public schools over the past 150 years. 

ACADEMIC ACHIEVEMENT IN HIGH SCHOOLS HAS IMPROVED, NOT GONE DOWN

Richard J Murnane & Frank Levy, Federal Reserve Bank of New York Economic Policy Review , March, 1998; Pg. 117 HEADLINE: Standards, Information, and the demand for student achievement // acs-VT2000
	TRENDS IN AVERAGE SCALE SCORES IN READING 
	AND MATHEMATICS, BY RACE AND ETHNICITY 
                 Reading          Mathematics 

              1971     1994      1973     1994 

Nation        285      288       304      306 

White         291      296       310      312 

Black         239      266       270      286 

Hispanic      252      263       277      291 

Source: Campbell et al. (1996). 

AMERICAN SCHOOLS ARE NOT GETTING WORSE, BUT ARE GETTING BETTER

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 111
	American schools are not doing worse than in earlier times. Evidence seems to be that they are doing better, with the most dramatic gains coming from minority students, who have now closed some of the gap with whites in academic achievement. The teaching methods that American schools have adopted to produce these results are not simple, and they have often been applied inconsistently. But somehow they seem to have worked, if not perfectly, then far better than school critics admit. There is much that constitutes outrageously poor practice that goes on in American schools, as illustrated by a surfeit of frequently heard anecdotes. But there is also much that is effective and innovative and that has helped to produce some satisfactory, if unheralded, academic successes.

THERE IS NO GOOD EVIDENCE OF A DECLINE IN SCHOOL QUALITY IN AMERICA -- ON THE CONTRARY, IT HAS BEEN STEADILY IMPROVING

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 77
	To this point, there is no serious evidence for a decline in school quality. It is probable that the education children receive is at least as good as in any perceived golden age. More likely, it has been improving for most of this century.

FOR THE SCHOOL REFORM DEBATE TO PROCEED PROPERLY, WE MUST RECOGNIZE THE CLEAR DATA THAT AMERICAN SCHOOLS ARE SUCCEEDING AND IMPROVING NOW AS THEY HAVE THROUGHOUT THIS CENTURY

AMERICAN WORKERS ARE INCREDIBLY PRODUCTIVE, SO EITHER OUR SCHOOLS SYSTEM IS A LOT BETTER THAN WE THINK OR EDUCATION ISN`T AS IMPORTANT AS WE THINK

Richard Rothstein, Sacramento Bee, November 29, 1998, FORUM; Pg. FO1 HEADLINE: AMERICA`S SCHOOLS ARE IN DECLINE -- AND THEY ALWAYS HAVE BEEN  // acs-VT2000
	But it also must be true either that our school system has something to do with the fact that American workers have long been at least as productive, if not more so, than workers elsewhere, or that the role education plays in industrial power is exaggerated. In fact, both are the case. 

INTERNATIONAL COMPARISONS OF ACADEMIC ACHIEVEMENT DO NOT SERVE AS AN INDICTMENT OF AMERICAN SCHOOLS

THE IDEA THAT US STUDENTS ARE NOT AT THE SAME LEVEL AS INTERNATIONAL STUDENTS IS A MYTH MAINTAINED FOR SOCIAL AND POLITICAL REASONS

Judith J. Slater, Florida International University, March/April 1997; JOURNAL OF TEACHER EDUCATION, ``Fiction Masquerading as Truth,`` EE2000--hxm p. 146
	All concerned with these issues should read Berliner and Biddle`s The Manufactured Crisis: Myths, Fraud, and the Attack on America`s Public Schools. Efforts to reform public school systems, increase student and teacher standards, and change teacher education institutions emerged as direct responses to these attacks. Berliner and Biddle demonstrate that the basis for the attacks is questionable as they dispel the myths of a crisis that, they say, has been manufactured and is a Big Lie. They provide an analysis of the reports and statistics promoting and disseminating the falsehoods. They suggest that the myths persist and are maintained for social and political reasons, and the responses to the claims have misdirected the education of students and their teachers for the past 15 years in this country.

CONCERN ABOUT THE US STUDENTS AS COMPARED TO STUDENTS OF OTHER COUNTRIES IS UNFOUNDED AND UNNECESSARY

Judith J. Slater, Florida International University, March/April 1997; JOURNAL OF TEACHER EDUCATION, ``Fiction Masquerading as Truth,`` EE2000--hxm p. 146
	 Much has been made of the issue of whether United States students are competitive to worldclass standards. Al Shanker, President of the American Federation of Teachers, in his weekly paid-for editorial commentary in the New York Times titled Where We Stand, frequently criticizes student performance on standardized tests and lauds the standards of other countries that, he asserts, produce quality students who far excel in their scores. The public`s perception is that United States students do not measure up and therefore the nation is less competitive. The argument runs that if students attained at the levels of foreign students, the economy would prosper and societal problems would be solved.

INTERNATIONAL COMPARISON OF USA STUDENTS IS BIASED DUE TO COLLEGE OPPORTUNITIES

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	Studies of the overall achievement of American students n43 over time have suggested that America`s global competitors are increasing their educational advantage over the United States. n44 Opponents of educational reform often claim that international assessments make inappropriate comparisons, since other nations test only their college-bound students, while in the United States most American students are tested. n45

CONSISTENT HISTORICAL CLAIMS THAT THE DECLINE IN AMERICAN EDUCATION WOULD DOOM OUR PLACE IN THE WORLD HAVE BEEN FALSE EVERY TIME

Richard Rothstein, Sacramento Bee, November 29, 1998, FORUM; Pg. FO1 HEADLINE: AMERICA`S SCHOOLS ARE IN DECLINE -- AND THEY ALWAYS HAVE BEEN  // acs-VT2000
	While the story of declining school quality across the 20th century is, for the most part, a fable, equally unreliable have been predictions of economic, political and military catastrophe likely to befall Americans, whose education purportedly lagged behind our competitors`. 
Despite a widespread belief in the inferiority of our schools in each era, America had the technological and managerial prowess to win not only the Second World War but the Cold War as well. With an educational system allegedly trailing that of the Soviet Union, the Europeans and lately the Japanese, the United States became the world`s industrial, technological and military leader and remains so in each of those realms today. When Walter Lippman, Hannah Arendt, Jacques Barzun, Vance Packard and business leaders in every prior decade of this century predicted political and economic doom from our deficient (and deteriorating) school system, it turns out they were wrong. 

MANY OF TODAY`S HARSHEST CRITICS OF SCHOOLS WERE MAKING THE SAME PREDICTIONS DECADES AGO, AND IT DIDN`T COME TRUE

Richard Rothstein, Sacramento Bee, November 29, 1998, FORUM; Pg. FO1 HEADLINE: AMERICA`S SCHOOLS ARE IN DECLINE -- AND THEY ALWAYS HAVE BEEN  // acs-VT2000
	William Bennett and Richard Riley, David Kearns and Louis Gerstner, Chester Finn and Diane Ravitch may have a better insight into the state of our schools and America`s competitive situation than the doomsayers had in prior years -- although one ought to be skeptical, because many of today`s school critics are singing from the same hymnal they themselves used in the 1980s and early 1990s, when their warnings about an international ``competitiveness`` crisis proved to be unfounded. 

AMERICAN SCHOOLS ARE NOT FAILING STUDENTS IN TERMS OF THEIR PREPARATION FOR EMPLOYMENT

STANDARD EDUCATION-LABOR SCENARIO FOR THE ECONOMY HAS BEEN FALSE -- WE HAVE BEEN FINDING ALL THE SKILLED WORKERS WE NEED

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement H acs-VT2000 p. 113
	Only a few years ago, most economists believed that the American economy could not tolerate unemployment of much lower than 7 percent without triggering inflation. The remaining unemployed, they thought, were so poorly educated as to be unqualified to fill newly created jobs, so more rapid economic growth would only spur competitive bidding for the services of those workers who were already employed. Yet, as the U.S. unemployment rate has drifted down to less than 4.5 percent in 1997-98, employers seem to have been able to absorb those allegedly poorly educated youths after all. The relationship between schooling and the economy is also apparently more complicated than school critics would have us believe. 

TECHNOLOGICAL DEMANDS OF THE 21 ST CENTURY ARE NOT AS GREAT AS CLAIMED, AND WELL WITHIN THE REACH OF AMERICA`S SCHOOLS

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 113
	The confusion here may have somethingto do with another abuse of statistics. A crisis atmosphere around our schools relies partly on data showing that the most rapidly growing occupations in percentage terms are those, like computer engineer, requiring more education. But a big percentage growth in occupations with small initial bases is not terribly significant. More relevant to whether America is facing a skills shortage is that the occupations most in demand, in absolute numbers, are unskilled jobs like janitors or restaurant and hotel workers. Oftcited data about the large number of future workers expected to use computers on the job can be misleading-these data often include both retail workers who scan bar codes into computers and highly educated software designers. While the twenty-first-century economy may require more skills, the increase is not likely to be as great as people tend to believe, and what is needed may not be beyond the present capacity of our schools to provide.

STORIES ABOUT HOW STUDENTS DO NOT MEET UP TO BASIC EMPLOYMENT SKILL TESTS ARE SUSPECT FOR METHODOLOGICAL REASONS

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 28
	These employment-test anecdotes are suspect, among other reasons, because they are not based on representative or properly controlled samples. It is not known, for example, from the Siemens manager`s speech whether Siemens`s pay scales in the United States are relatively high while in Germany they are relatively low: if this were the case, it might be that Siemens`s apprenticeship programs in America enticed the cream of our non-college-bound high school graduates, while similar programs in Germany attracted the less able. Likewise, when telephone company executives bemoan the low scores of test takers wanting operator jobs, their complaints rarely disclose what wage rates those jobs offered. If the wage was low enough, surely it appealed only to those job seekers who did poorly in school.

MOST JOBS IN THE FUTURE WILL NOT REQUIRE A COLLEGE DEGREE

KENNETH GRAY & EDWIN HERR, Profs. of Education Penn State, 1995; OTHER WAYS TO WIN: creating alternatives for high school graduates // acs-VT2000 p. 97
	Misconception #1: In the future, most jobs will require a college degree.
Fact: Of 147 million jobs by the year 2005, only 32 million, or 21 %, will require a college degree.
	Misconception #2: Most high-wage jobs in the future will be in technical fields that require a college degree.
Fact: The largest and fastest-growing segment of the emerging technical workforce is occupations that do not require a 4year college degree.
	Misconception #3: The total labor force demand for college graduates is sufficient to ensure employment for all who receive a 4-year college degree.
Fact: The U.S. Bureau of Labor Statistics forecasts that, through the year 2005, 1 in 3 college graduates will not find collegelevel employment; among those preparing for the professions, this number will be 1 in 2.

COLLEGE GRADUATES WILL NOT CROWD NON-DEGREE HOLDERS OUT OF GOOD JOBS WHICH DO NOT REQUIRE A DEGREE

KENNETH GRAY & EDWIN HERR, Profs. of Education Penn State, 1995; OTHER WAYS TO WIN: creating alternatives for high school graduates // acs-VT2000 p. 99
	Misconception #4: In the light of the oversupply of college graduates, college graduates will displace nondegree holders in good jobs that do not require a college degree.
Fact: Surveys of employers have not revealed that they prefer college graduates for jobs that do not require a degree. In particular, college graduates will not displace nondegree holders who have specialized occupational skills.

SUPPOSEDLY FALLING S.A.T. SCORES ARE NOT A PROBLEM

DECLINES IN S.A.T. SCORES ARE MISLEADING AND DO NOT PROVE ACADEMIC ACHIEVEMENT DECLINE

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 53
	These data arc regularly interpreted in the press and by some poliIcymakers as indicating that the quality of schooling has declined. Yet declines in SAT scores are misleading. The SAT is the worst possible test by which to evaluate the performance of American schools because it is voluntary. And if communities are especially concerned about how well elementary and secondary schools teach students who are headed for the workforce, junior colleges, or vocational schools after high school graduation, it is foolish to address this concern with a test that is designed to exclude students not planning to attend four-year academic colleges.
	If a test is to be considered a valid indicator of the performance of a group of students, scores must be counted either from all students in the group or from a statistically representative selection of those students. If groups of students are to be compared from year to year, procedures in each year must be carefully controlled to make certain that the standards by which the representativeness of the sample is determined do not change. Year-on-year comparisons of groups of students will be seriously flawed if they are based on those who happened to volunteer to take the test.

S.A.T. SCORES ARE NOT SUFFICIENT TO CONCLUDE THAT ACADEMIC ACHIEVEMENT IN SCHOOLS IS DECLINING

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 57
	SAT results to are more variable than those of half a century ago: since 1972, the College Board has reported ``standard deviations`` of test scores, and these are greater than they were in 1941, meaning that fewer scores are grouped close to the average. But this could be attributable either to the wider range of quality now in American schools from which test takers come or to the more heterogeneous backgrounds of SAT test takers. Without knowing to what extent the growing number of test takers is attributable to an expanding academic pool or to heightened social mobility or diversity, education specialists can draw no conclusions about how changes in SAT scores reflect improvement, or lack of it, in American public schools.

S.A.T. SCORES DO NOT PROVE THAT EDUCATIONAL QUALITY HAS DECLINED

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 61
	Thus, despite the fanfare accompanying each year`s release of SAT results, and the use school critics make of the data to support claims that educational quality has declined, no such conclusions can legitimately be drawn. Because so much about the characteristics of test takers is a mystery, declining or rising SAT scores could be consistent either with school improvement or school deterioration.

S.A.T. SCORES HAVE DECLINED BECAUSE OF THE FLYNN EFFECT, NOT BECAUSE ACADEMIC ACHIEVEMENT IS DECLINING

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 76
	Then a New Zealand psychologist, James Flynn, collected all the cases he could find in which two or more versions of a conventional IQ test were given to the same set of subjects. He found that from 1932 to 1978, American IQs grew by fifteen points. In other words, while the average American IQ in 1978 was about 100 (by definition), if American IQs in 1978 had been assessed using 1932 IQ tests, the average would have been 115. Flynn went on to discover that the same phenomenon had occurred in thirteen other industrial nations as well, where IQ gains ranged from five to twenty-five points over a similar time span.`
	These are enormous gains. If IQ tests were a pure measure of intellect, these numbers would mean that the average American in 1978 had greater intellectual ability than five-sixths of all Americans in 1932. But clearly such IQ differences cannot possibly be explained by the hereditary traits it is popularly assumed the test measures. Even the most selective breeding among human beings could not effect such significant genetic change in so brief a period. While nobody could seriously argue that the IQ changes are attributable solely to improved (or longer) schooling, it is likely that education is one important contribution. Better nutrition, health care, or economic circumstances could also play a role, and so could the sophisticated intellectual stimulation provided by our more technologically advanced environment.
	But it is quite improbable that these remarkable IQ gains (now termed the ``Flynn effect`` by social scientists) could have been registered if schools were decaying or even stagnant. The IQ results are one more bit of evidence that the impression of deterioration is a fable, no matter how powerfully attractive that fable may be.

MINORITIES HAVE BEEN IMPROVING THEIR ACADEMIC ACHIEVEMENT

THROUGHOUT THE NATION MINORITY STUDENTS ARE MAKING IMPRESSIVE ACADEMIC GAINS, AND THE FAILURE OF A FEW BAD SCHOOLS SHOULD NOT OBSCURE THAT

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 86
	Nor is El Paso unique. In Milwaukee, 87 percent of the city`s 1996 black high school graduates passed a tough mathematics proficiency test before getting their diplomas. In Providence, 97 percent of black ninth graders were enrolled in algebra in 1994. It may still be the case that the dysfunctional schools in the nation`s poorest minority communities far outnumber the successful ones. The positive trends for minority students overall may primarily result from middle-class suburbanization. But to allow unsystematic, anecdotal accounts of some failing inner-city schools to color our assessment of broader progress in American education generally, and for minority students in particular, would certainly be to miss a very important part of the story.

AFRICAN AMERICANS HAVE MADE HUGE JUMPS IN IQ TEST SCORES, AND SCHOOLS HAVE PLAYED A ROLE IN THAT

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 85
	There is another set of data that suggests a more optimistic picture than people are generally wont to believe. There is a narrowing gap between average IQ scores of black and white youth .35 Historically, this gap was about fifteen points, but it is now closer to ten. In other words, while the entire population`s IQ scores have increased by about fifteen points during the past fifty years (the ``Flynn effect`` discussed in the previous chapter), the gain for blacks has been even greater. As with the other indicators of a narrowing black-white performance gap, it is unknown to what extent school effectiveness is a cause of this trend but it seems probable that schooling plays a part.

BLACK WHITE TEST SCORE GAP HAS BEEN NARROWING THROUGHOUT THIS CENTURY

CHRISTOPHER JENCKS, Harvard, & MEREDITH PHILLIPS, UCLA, 1998; THE BLACK WHITE TEST SCORE GAP , Introduction`` // acs-VT2000 p. 3
	Black-white differences in academic achievement have also narrowed throughout the twentieth century. The best trend data come from the National Assessment of Educational Progress (NAEP), which has been testing seven teen-year-olds since 1971 and has repeated many of the same items year after year. Figure 1-2 shows that the black-white reading gap narrowed from 1.25 standard deviations in 1971 to 0.69 standard deviations in 1996. The math gap fell from 1.33 to 0.89 standard deviations .7 When Min-Hsiung Huang and Robert Hauser analyzed vocabulary scores for adults born between 1909 and 1969, the black-white gap also narrowed by half.

MINORITY ACADEMIC SCORES HAVE INCREASED TREMENDOUSLY, AND SCHOOLS PLAYED A ROLE IN THAT

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 80
	Given the expectation that greater diversity of test takers would adversely affect reported average performance, both generally and within population subsets, when average scores increase simultaneously with big increases in the share of each racial and ethnic minority group taking the test, something may be happening to which it is worth paying attention. For each of these minority groups, the score pickup from 1976 to 1997 was greater on the math than on the verbal test, although in each case the verbal score increased as well. A reasonable inference would be that the dramatic rise in minority student scores is an outcome that owes something to the progressively better job that schools are doing for minority students, especially in math.

READING AND MATH SCORES FOR BLACK AND WHITE STUDENTS ARE INCREASING AS OF 1996

DAVID GRISSMER, RAND Corp., 1998; THE BLACK WHITE TEST SCORE GAP // acs-VT2000 p. 221
	What happened? Reading and math scores rose for both black and white students at all ages between 1971 and 1996. But blacks gained much more than whites, narrowing the black-white test score gap by 0.2 to 0.6 standard deviations. Nonetheless, the median black student still scored at the 20th to 25th percentile of the white distribution in 1996.

RACIAL DIFFERENCES IN ACADEMIC ACHIEVEMENT HAVE BEEN NARROWING THROUGH TIME

LARRY HEDGES, Univ. of Chicago, 1998,1998; THE BLACK WHITE TEST SCORE GAP, ``Black white test score convergence since 1965`` // acs-VT2000 p. 167
	Our review includes every major national survey of high school students since 1965 that has tested both blacks and whites. The data provide convincing evidence that racial differences have decreased over time. They also suggest that socioeconomic convergence cannot entirely explain black-, white test score convergence. The decreases in both the unadjusted blackwhite gaps and those adjusted for socioeconomic status follow a similar trajectory, with one exception: the decrease in the adjusted gap was substantially larger over the period 1965-72 than in later years, although this change may be overestimated. Nonetheless, blacks` expectations grew dramatically during this period and it is possible that achievement rose because black students viewed success in school as a possible way to fulfill these increased expectations.

ATTENDING COLLEGE IS NOT AN IMPORTANT GOAL

A COLLEGE EDUCATION DOES NOT GUARANTEE A HIGHER INCOME

KENNETH GRAY & EDWIN HERR, Profs. of Education Penn State, 1995; OTHER WAYS TO WIN: creating alternatives for high school graduates // acs-VT2000 p. 100
	Misconception #5: Because higher education is highly correlated with future earnings, education guarantees a higher income.
Fact: In the labor market, above-average wages are a return for occupational skills in demand, not education per se.

THE STUDENTS IN THE ACADEMIC MIDDLE NEED TO BE DIRECTED TOWARDS EXCELLENT JOBS WHICH DO NOT REQUIRE A COLLEGE DEGREE, BUT WHICH THEY CAN QUALIFY FOR THROUGH BRIEF TRAINING OR APPRENTICESHIPS

KENNETH GRAY & EDWIN HERR, Profs. of Education Penn State, 1995; OTHER WAYS TO WIN: creating alternatives for high school graduates // acs-VT2000 p. 171
	The second message of this book is that there are alternatives, other ways to win, other routes to financial security and rewarding careers that should be particularly relevant to those in the academic middle, those most at risk of losing if they pursue the one way to win myth. This argument is developed in detail in Chapter 7. Suffice it to say here that if the goal is an economically and personally rewarding career, the goal should not be education per se, but rather gaining the prerequisite skills necessary to compete for high skill/high wage work. The advice that such work can only be gotten with a baccalaureate degree is not true. Many high skill/high wage work occupations in technical fields do not require a baccalaureate degree. Just as high skill/high wage professional work requires prerequisite skills, so too do these occupations require specific occupational skills. Unlike professional work, however, for which prerequisite skills are certified by baccalaureate or graduate school degrees, the skills required to obtain technician-level employment can be learned in either 1- and 2-year postsecondary technical programs or in schoolto-career programs that include formal work-based preparation.

HIGH SCHOOL DROP OUTS ARE NOT A SIGNIFICANT EDUCATIONAL CONCERN

WE MUST END OUR OBSESSION WITH THE DROPOUT RATE

Sherman Dorn, Assistant Professor of Special Education at Peabody College of Vanderbilt University, 1996; CREATING THE DROPOUT: AN INSTITUTIONAL AND SOCIAL HISTORY OF SCHOOL FAILURE, EE2000hxm p. 134
	The obsession with dropouts as an impending sign of social chaos, finally, must end. It is a superficial way of describing education`s problems, and it has smothered alternative frameworks of school failure. The rhetoric of the dropout stereotype demeans its target and has led to little fruitful action. In the 1960s, school dropout programs were more symbolic than substantive. Later, the expansion of GED programs failed to address the central dilemma of credentialing. It is time to step away from the stereotype of the dropout problem and approach it as one (but only one) aspect of education`s problems.

THE WAY WE CURRENTLY VIEW DROPOUTS IS FLAWED

Sherman Dorn, Assistant Professor of Special Education at Peabody College of Vanderbilt University, 1996; CREATING THE DROPOUT: AN INSTITUTIONAL AND SOCIAL HISTORY OF SCHOOL FAILURE, EE2000hxm p. 4
	We have chosen the wrong way of looking at dropouts. Instead of seeing different educational outcomes as evidence of remaining inequities in schooling, we have focused instead on the social costs of dropping out, typically imagined as dependency, criminality, and lower economic productivity. Through this language, the social construction of dropping out has given high schools the burden of ameliorating poverty and preventing social chaos. As a higher proportion of teenagers attended secondary schools, this new mission for high schools and the expectation of high school graduation perhaps seemed natural. It was, however, an historical artifact that one can time by the rise of the dropout problem. Demography is important in shaping our views of social problems, but it is not restrictive. Several ways existed to shape the growing expectation of high school graduation, and we did not have to choose concerns about dependency as the primary metaphor for dropouts.

SCHOOL DROPOUTS ARE A SIGN OF A BROADER SOCIAL PROBLEM

Sherman Dorn, Assistant Professor of Special Education at Peabody College of Vanderbilt University, 1996; CREATING THE DROPOUT: AN INSTITUTIONAL AND SOCIAL HISTORY OF SCHOOL FAILURE, EE2000hxm p. 125
	In addition, many since the early 1980s (more than in the 1960s) pointed to dropping out as evidence of inequities in schooling and denial of educational rights. Michelle Fine (1991: 26) wrote that dropping out served as an icon for broader educational inequities:
	Dramatically different patterns of dropping out by social class, race, ethnicity, gender, and disability characterize U. S. public schools. The patterns stand as evidence that the promise of equal opportunity is subverted institutionally by the guarantee of unequal educational outcomes.

DROPOUT RATES SIGNAL DEEPER SOCIAL PROBLEMS OF INEQUALITY

Sherman Dorn, Assistant Professor of Special Education at Peabody College of Vanderbilt University, 1996; CREATING THE DROPOUT: AN INSTITUTIONAL AND SOCIAL HISTORY OF SCHOOL FAILURE, EE2000hxm p. 136
	Fortunately for the future of education, one does not have to focus on schools either as socializers or as selectors. (Those goals are also not mutually exclusive; schools always socialize in some way, even if implicitly. Sorting by schools can facilitate the socialization of adolescents into marginality as adults (Bowles and Gintis 1974; Willis 1977). Nonetheless, the two explicitly conservative goals of high schools are, at least superficially, at odds.) The existence of a civil rights perspective on dropping out, side by side with more conservative views since the early 1960s, suggests that we do not need to see dropping out as a crisis of impending dependency and criminality. Instead, civil rights activists have seen dropout statistics as a confirmation of fundamental inequalities in education and a rallying point for deeper reform.

SOCIAL CONSTRUCTION OF DROPPING OUT OF SCHOOL OBSCURES DEEPER SOCIAL PROBLEMS

Sherman Dorn, Assistant Professor of Special Education at Peabody College of Vanderbilt University, 1996; CREATING THE DROPOUT: AN INSTITUTIONAL AND SOCIAL HISTORY OF SCHOOL FAILURE, EE2000hxm p. 137
	The notion of education as a right and requirement of citizenship is a messy one. Certainly, parents are concerned about their children`s future jobs, and they look to schools to provide both usable skills and credentials. Yet they rarely see education purely in such a fashion. In contrast to the stereotype of the dropout problem, there perhaps should be no easy match between schools and society except the notion that children have a birthright to education. As Ira Katznelson and Margaret Weir have argued, public primary schooling became noncontroversial in the North as the franchise spread for white males in the early nineteenth century (Katznelson and Weir 1985: Chap. 2). Similarly, African Americans have struggled from before the Civil War to acquire decent schooling for their children, an attribute of citizenship so clearly denied them for decades. In this country, the meanings of citizenship and educational politics have been intertwined for well over a century. The stereotype of dropping out since the 1960s has obscured that debate with a shallow, instrumental view of schooling. The social construction of dropping out has concealed the existence of other, deeper meanings of schooling.

USE OF S.A.T. SCORES TO MEASURE HIGH SCHOOL ACHIEVEMENT IS NOT A SERIOUS PROBLEM

AS STANDARDIZED TESTS GO, THE S.A.T. IS THE BEST ONE, TESTING VITAL ACADEMIC SKILLS

Tony Schwartz, author of ``What Really Matters``The New York Times January 10, 1999: Section 6; Page 30; HEADLINE: The Test Under Stress  // acs-VT2000
	Alagappan, for instance, admires the S.A.T., which he says is a measurement of vital academic skills that can be systematically enhanced through long-term work. ``I`m not an apologist for the test,`` he says. ``But I`m a student of standardized tests, and I believe that in a three-hour block of time, the S.A.T. is the best one out there by a good margin.``

S.A.T. IS DESIGNED TO TEST ALL STUDENTS FROM ALL STATES IN ONE FAIR WAY

Tony Schwartz, author of ``What Really Matters``The New York Times January 10, 1999: Section 6; Page 30; HEADLINE: The Test Under Stress  // acs-VT2000
	Originally, the Scholastic Aptitude Test was meant to provide an immutable measure of intelligence. The brainchild of a Princeton psychology professor, Carl Brigham, it was introduced in 1926 to help elite colleges like Harvard, which had been reserved for the children of the wealthy Eastern establishment, select deserving students from across the country for merit scholarships at a time when high schools varied widely by region. (For a high-school-senior`s-eye view of the college-application process, see Lives, page 66.) 
``The whole point was to use the S.A.T. to X out the effect of background and create a true meritocracy,`` says Nicholas Lemann, who has written a book on the history of standardized testing to be published next fall. ``It was the direct descendant of I.Q. testing. The idea was that you could test the entire cohort of 17-year-olds nationally, find those with the highest scores and train them as a national leadership class.`` 

S.A.T. MEASURES THE CRITICAL THINKING SKILL ONE NEEDS FOR COLLEGE

Gretchen Rigol, vice president for Guidance, Access, and Assessment Services for the College Board, May 18, 1998, Insight on the News; Pg. 24 HEADLINE: Q: Should colleges scrap the SAT as part of their admissions decisions // acs-VT2000
	If the SAT is useful, valid and fair, why do group scores vary so widely? The SAT measures students` developed-reasoning abilities and performance on a variety of academically related tasks that correspond to success in college. It is not an achievement test that measures mastery of particular subject matter, but rather seeks to measure the problem-solving and critical-thinking skills necessary for college success. 

S.A.T.S DO A GOOD JOB OF PREDICTING HOW A STUDENT WILL DO IN COLLEGE

Gretchen Rigol, vice president for Guidance, Access, and Assessment Services for the College Board, May 18, 1998, Insight on the News; Pg. 24 HEADLINE: Q: Should colleges scrap the SAT as part of their admissions decisions // acs-VT2000
	Those studies consistently reveal: a high level of predictability, considering the correlation between freshman GPA and SAT scores; a slightly higher level of predictability when considering the correlation between freshman GPA and high-school grades; and the highest level of predictability when considering the correlation of freshmen GPA and a combination of high-school grades and SAT scores. The evidence is clear: The SAT works, and it works well in many different circumstances. 

S.A.T.S PROVIDE AN IMPORTANT COPMMON YARDSTICK FOR COMPARING STATES AND DISTRICTS

Gretchen Rigol, vice president for Guidance, Access, and Assessment Services for the College Board, May 18, 1998, Insight on the News; Pg. 24 HEADLINE: Q: Should colleges scrap the SAT as part of their admissions decisions // acs-VT2000
	In addition, schooling, curriculum, grading standards and students` opportunities to learn differ markedly from place to place because education most often is a local concern. The SAT provides a common yardstick for students to demonstrate their academic preparation and abilities to perform complex college-level work. The test puts all students on an equal footing because it provides a measure of developed abilities and does not follow one prescribed curriculum or textbook. In addition, it offers students a second opportunity, in addition to their high-school grades, to demonstrate their ability to succeed in college. 

S.A.T. IS A VALID TEST OF ACADEMIC ACHIEVEMENT

Gretchen Rigol, vice president for Guidance, Access, and Assessment Services for the College Board, May 18, 1998, Insight on the News; Pg. 24 HEADLINE: Q: Should colleges scrap the SAT as part of their admissions decisions // acs-VT2000
	How do you know the test is valid? The validity of the SAT is related to its effectiveness in predicting college grades. In other words, the test is considered valid if it indicates whether a student is ready for college-level work and predicts how those students may fare in their first year of college. For more than a half-century, literally thousands of SAT-validity studies have been conducted for institutions throughout the country. Most validity studies relate to how effectively the SAT predicts the overall grade-point average, or GPA, of college freshmen. 

S.A.T.S ARE NOT UNFAIR OR DISCRIMINATORY

S.A.T. DOES NOT KEEP MINORITIES OUT OF COLLEGE

Gretchen Rigol, vice president for Guidance, Access, and Assessment Services for the College Board, May 18, 1998, Insight on the News; Pg. 24 HEADLINE: Q: Should colleges scrap the SAT as part of their admissions decisions // acs-VT2000
	So, if the SAT is such a good thing, why is it keeping minorities out of college? It isn`t. The lack of educational opportunity, poor academic preparation and other socioeconomic factors are keeping students out of college, not the SAT. In its long history, the SAT actually has been a door opener, providing students of all backgrounds the opportunity to demonstrate their ability to succeed academically. It has allowed minority students to show they are ready for college, as evidenced by the growth in minority SAT takers and minorities on college campuses in the last 10 years. As colleges seek to enroll a diverse student body, it is important to remember that helping students get into higher education begins not at the college door, but at the schoolhouse door. Although it is crucial to maintain fairness near the end of the educational cycle, in college admissions it is equally important to deal with the shameful unfairness that many children face in years of poor schooling. 

THE S.A.T. DOESN`T CAUSE LOWER ACHIEVEMENT AND INEQUITIES, IT MERELY REPORTS THEM

Gretchen Rigol, vice president for Guidance, Access, and Assessment Services for the College Board, May 18, 1998, Insight on the News; Pg. 24 HEADLINE: Q: Should colleges scrap the SAT as part of their admissions decisions // acs-VT2000
	In recent years, the SAT has begun to take on the role of scapegoat for many of our nation`s educational woes. Isn`t it about time we stop blaming the SAT and start dealing with the inequities and inadequacies that it reflects? The answer to that question is a resounding ``yes!`` 

BECAUSE RICH AND MORE EDUCATED FAMILIES PRODUCE STUDENTS WHO SCORE BETTER DOES NOT MEAN THE S.A.T. IS UNFAIR

Gretchen Rigol, vice president for Guidance, Access, and Assessment Services for the College Board, May 18, 1998, Insight on the News; Pg. 24 HEADLINE: Q: Should colleges scrap the SAT as part of their admissions decisions // acs-VT2000
	Students from families with higher incomes and higher parental-education levels are also considerably more likely to be in settings with the best educational resources and opportunities. Thus, it is not surprising that these students have higher SAT scores than their less-fortunate peers. However, when considering the SAT scores of individuals or groups, it must be remembered that statistical averages only suggest broad generalizations. Exceptions to those generalizations exist in every category of test takers. 

THE S.A.T. IS NOT UNFAIR TO DIFFERENT STUDENTS

Gretchen Rigol, vice president for Guidance, Access, and Assessment Services for the College Board, May 18, 1998, Insight on the News; Pg. 24 HEADLINE: Q: Should colleges scrap the SAT as part of their admissions decisions // acs-VT2000
	One of the most common criticisms of the SAT is that is unfair to some students. That accusation is false. The SAT provides a fair and objective assessment of the verbal and math reasoning abilities of students and enables colleges to treat their applicants impartially. Doubts about its fairness often reflect the belief that average scores should be the same for men, women and other groups, regardless of real group differences in education and other factors. Such beliefs are unfounded. In reality, a test is fair if students with the same degree of knowledge and skill get similar scores when they take it. The SAT meets this criterion. The College Board makes every effort to ensure that the questions on the SAT are fair to every student regardless of race, ethnicity and gender. 

VIOLENCE IS NOT REALLY A MAJOR PROBLEM IN AMERICAN SCHOOLS -- DO NOT BELIEVE THE HYPE

SCHOOL VIOLENCE WAVE IS LARGELY A MEDIA MYTH - THE CURRENT SCHOOLS YEAR IS ONE OF THE SAFEST SCHOOL YEARS ON RECORD

George Bullard, The Detroit News, May 19, 1999; Pg. Pg. A1 HEADLINE: Private schools safer  // acs-VT2000
	The National School Safety Center, created by President Reagan in 1984, provides data on school crime and training in crime prevention. 
The current school year, which ends next month, is one of the safest on record. 
A total of 25 deaths are listed, including the 15 killed last month in Littleton, Colo. On average, about four times that many Americans are killed annually by lightning. 

VIOLENCE AT SCHOOLS IS AN EXAGGERATED THREAT, IT IS MORE IMPORTANT TO FOCUS ON SEAT BELTS AND BICYCLE HELMETS

JAMES ALAN FOX,  DEAN, COLLEGE OF CRIMINAL JUSTICE  NORTHEASTERN UNIVERSITY, MAY 6, 1999, Federal News Service PREPARED STATEMENT BEFORE THE SENATE COMMITTEE ON HEALTH, EDUCATION, LABOR AND PENSIONS  SUBJECT - SCHOOL SAFETY:  LESSONS FROM THE SCHOOLYARD  // acs-VT2000
	 Even with our desire to ``do something`` programmatically or legislatively in response to recent schoolyard tragedies, some perspective on the level of risk is sorely needed. More children are killed or maimed each year in automobile and bicycle accidents while traveling between home and school than are murdered or shot by an armed classmate. Parents concerned about their youngsters` safety would be most advised, therefore, to focus on seat belts and bicycle helmets than on metal detectors at the school door.

SCHOOLS ARE NOT INHERENTLY VIOLENT, AND SCHOOL CONFLICTS ARE NEITHER VIOLENT NOR COMMON

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	Susan Opotow, Adolescent Peer Conflicts: Implications for Students and for Schools, 23 Education & Urban Society 416 (1991) (citing data ``which contradict the common notion that schools are violent places, [and which] are corroborated by two studies that also suggest that adolescents` peer conflicts in school are neither violent nor commonplace.``); J. Garofalo, L. Siegel, & J. Laub, NY Times, pp. B1, B2 (reporting a police finding that violence is scarce in schools) 

SCHOOL VIOLENCE IS AN IRREDUCIBLE LEVEL OF PSYCHOPATHOLOGY

JACKSON TOBY, professor of sociology at Rutgers University, September 22, 1998, The Public Interest, HEADLINE: Getting serious about school discipline; School Report, part 2 // acs-VT2000
	The public is shocked more by violence when it occurs in schools, especially rural or suburban schools, than when it occurs on the streets of American cities, where it is statistically more frequent. Following media reports of such incidents, I usually get calls from journalists asking me for an explanation. Even though I have studied school violence for 20 years, I don`t have a good explanation for specific eruptions any more than a meteorologist can explain why lightning struck a particular tree. Perhaps such extraordinary episodes of school violence represent an irreducible level of psychopathology that afflicts youngsters as well as adults. On the other hand, it may be the logical extension of everyday school violence, and everyday school violence. 

SERIOUS VIOLENCE AMONG TEENS HAS DROPPED SINCE 1993

JAMES ALAN FOX,  DEAN, COLLEGE OF CRIMINAL JUSTICE  NORTHEASTERN UNIVERSITY, MAY 6, 1999, Federal News Service PREPARED STATEMENT BEFORE THE SENATE COMMITTEE ON HEALTH, EDUCATION, LABOR AND PENSIONS  SUBJECT - SCHOOL SAFETY:  LESSONS FROM THE SCHOOLYARD  // acs-VT2000
	The timing of this latest and largest episode of school violence may seem ironic, at least on the surface. Serious violence among teenagers has actually dropped nationally since 1993. Although many American cities have boasted of significant declines in their murder rates- including juvenile killings, concern over armed and alienated adolescents remains high. 

SCHOOLS ARE SOLVING VIOLENCE PROBLEMS ON THEIR OWN

James E. Boothe, et al., Assistant Professor of Educational Xavier University, ``America`s schools confront violence``, USA TODAY MAGAZINE, Jan. 1994, p. 34 // ms-VT2000
Gun control, better weapons detection methods, more adult supervision of school sites, nonviolent alternatives, and teacher training in crisis prevention were some suggestions featured in a Newsweek article detailing a Chicago-based program called SAFE, aimed at stemming the flow of guns and violence at school. Episodes involving other dangerous weapons do not seem to be increasing significantly, except for urban and predominantly black school administrators.

THE PUBLIC IS PROFOUNDLY MISINFORMED ABOUT THE REALITY OF AMERICAN SCHOOLS

WHAT THE PUBLIC THINKS ABOUT THEIR SCHOOL IS A FANTASY -- EVERYONE THINKS THEIR SCHOOL IS EXCELLENT BUT UNDERFUNDED

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 29
	Gallup`s pollsters have also asked respondents why they thought their own neighborhood schools were better than the nation`s schools generally. Two-thirds believed that their own neighborhood schools place more emphasis on high academic achievement, have stronger discipline and less violence, enjoy more harmonious race relations, provide better special education programs for students with disabilities, send more students to college, suffer fewer dropouts, have finer athletic and extracurricular programs, and offer richer programs for gifted and talented students than do schools in the nation as a whole. In only one respect did respondents believe that their own neighborhood schools were inferior to others: of those who had an opinion, a majority claimed that, despite the superior results and programs of their local schools, these have less money to spend than do schools nationwide! 

PUBLIC OPINION SURVEYS ABOUT EDUCATION ARE JUST MORE UNRELIABLE ANECDOTAL EVIDENCE

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 28-9
	The unreliability of anecdotal evidence is also confirmed by public opinion surveys. Polls consistently show that, while the public believes schools do a terrible job, respondents generally think the particular schools their own children attend are pretty good. Each year since 1969, Gallup has asked Americans to ``grade`` their public schools.
	In the most recent survey, only 23 percent of parents of public school children gave the nation`s schools a grade of A or B, 46 percent gave a grade of C, and 20 percent gave grades of D or F (I I percent said they had no opinion).`` But when the same public school parents were asked to grade the schools their own children attended, they had a different view: nearly three times as many, 64 percent, gave grades of A or B, another 23 percent gave a grade of C, and only I I percent gave a grade of D or F (2 percent declined to give an opinion).`` These discordant results are not characteristic only of public school parents. When adults with no children in school were asked to rate the schools in their own neighborhoods, 42 percent gave a grade of A or B, but only 23 percent thought schools nationally deserved such grades.``

AMERICAN HAVE MORE CONFIDENCE IN SCHOOLS THAN THEY DO IN GOVERNMENT OR BIG BUSINESS

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	Interestingly, when asked which American institutions inspired confidence, Gallup Poll respondents ranked public schools above both government and big business. See Gallup Poll, supra note 42, at 55. 

PUBLIC FRUSTRATION OVER A WHOLE SERIES OF SOCIAL ILLS HAVE BEEN AIMED AT THE SCHOOL SYSTEM

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	See, e.g., Henig, supra note 27, at 46 (noting that public receptiveness to the concept of an educational crisis reflects concern over the decline of personal values among young Americans, not a decline in the quality of education itself); see also Berliner & Biddle, supra note 2, at 215 (citing income inequality, urban decay, violence, drugs, an aging population and competing demands for funds as obstacles which education reformers are content to ignore); Haggerty, supra note 2, at 70 (pointing to violence, instability of the American family unit and the decline of business and institutional ethics as influences upon, rather than results of, the American system of public education); Bracey, supra note 44, at 114 (suggesting that public frustration over drug use, violence and teen pregnancy has been directed toward public schools in the absence of any accurate explanation for these social problems). Moreover, the general concern that schools are increasingly responsible for the moral development of children has been voiced for some time. 

SCHOOLS ARE NOT ATTRACTING POORLY QUALIFIED TEACHERS

TEACHER EDUCATION IS ATTRACTING THE BEST AND THE BRIGHTEST

Tamara Henry, The Detroit News, May 13, 1999, Pg. C6 HEADLINE: Teachers are smarter than average, new tests show  // acs-VT2000
	It`s a popular notion that teachers aren`t as smart as Americans in other professions. But a study out today shows that college graduates who seek teaching licenses in such subjects as math, science and English have just as strong academic skills as their peers. 

ETS STUDY SHOWS THAT LOW QUALITY STUDENTS ARE NOT ATTRACTED INTO TEACHING

Tamara Henry, The Detroit News, May 13, 1999, Pg. C6 HEADLINE: Teachers are smarter than average, new tests show  // acs-VT2000
	The joint study by the Educational Testing Service and the American College Testing program found that the scores of prospective middle and high school teachers on college admissions tests rank just as high, if not higher, than those of other high school graduates. 
Almost 600,000 people took teacher tests from ETS, called the Praxis Series, between 1994 and 1997. The tests were given in 34 states either for entrance to colleges of education or for teacher licensing. Highest possible SAT scores are 800 each on math and verbal; 36 is the highest on each part of the ACT. Researchers analyzed undergraduate grades and the college entrance test scores of teaching candidates and found: 

ETS STUDY DISPROVES THE MYTHS ABOUT LOW QUALITY INDIVIDUALS ENTERING TEACHER TRAINING

Tamara Henry, The Detroit News, May 13, 1999, Pg. C6 HEADLINE: Teachers are smarter than average, new tests show  // acs-VT2000
	David Imig, CEO of the American Association of Colleges for Teacher Education, says the [ETS] study challenges ``three persistent myths``: that ``students entering teacher education are low-quality``; that teacher education takes time away from academic subjects; and that teachers know little about the subjects they teach. 

MANY SUCCESSFUL VOUCHER SCHOOLS DO NOT INVOLVE CERTIFIED TEACHERS, SHOWING THAT TEACHER CERTIFICATION & TRAINING IS NOT THAT IMPORTANT

Sol Stern, staff writer, Winter, 1999; City Journal; Pg. 14-25 HEADLINE: ``The Schools That Vouchers Built`` // acs-VT2000
 [Voucher schools in Milwaukee & Cleveland]
	What these inspiring schools had in common was that, at their creation, their founders and many of their staff did not qualify as professional educators. They did not have degrees from the education monopoly`s prescribed ed schools or credentials issued by government education boards, and they certainly did not belong to the monopoly system`s teachers` unions. Yet every one of these outsiders had all they needed to educate and inspire children--a sense of mission, a willingness to work long hours for little pay, and common sense about the discipline and the core knowledge that inner-city children need in order to succeed. Unconstrained by the official school system`s suffocating bureaucratic regulations, they were able to develop an entrepreneurial, problem-solving approach that helped overcome hurdles likely to sink any rule-driven public school. 

VOUCHER SCHOOL SUCCESS SHOWS THAT WE DO NOT NEED TO INCREASE GOVERNMENT CERTIFICATION OF TEACHERS

Sol Stern, staff writer, Winter, 1999; City Journal; Pg. 14-25 HEADLINE: ``The Schools That Vouchers Built`` // acs-VT2000
 [Voucher schools in Milwaukee & Cleveland]
	In their separate ways, they are demystifying schooling by disproving the widely accepted dogma that only government-certified education professionals know what and how to teach children. This myth has spawned a vast, interlocking industry of education schools, certification boards, teachers` unions, and school-board officials, and it has certainly boosted the material interests of those certified professionals. But the dogma has done little for America`s schoolchildren. The four educators profiled here, and hundreds of others like them, are showing us a different--and better--way. Clearly, it`s in our interest to make sure that they are able to continue. 

TRACKING IS NOT A PROBLEM IN HIGH SCHOOL

ACCELERATION AND TRACKING ARE EFFECTIVE TO MAXIMIZE STUDENT POTENTIAL

Anne Scholtz Heim, January, 1998; Journal of Law & Education CHALK TALK: Gifted Students and the Right to an Ability-Appropriate Education // acs-VT2000
	Many techniques can be used to maximize an individual student`s potential in the classroom, some at very minimal cost to the schools. Acceleration and tracking may be the most effective methods of achieving that goal.

ACCELERATION IS AN EFFECTIVE AND LOW COST WAY TO SERVE GIFTED STUDENTS

Anne Scholtz Heim, January, 1998; Journal of Law & Education CHALK TALK: Gifted Students and the Right to an Ability-Appropriate Education // acs-VT2000
	In acceleration, students are allowed to progress through the grade levels as their ability takes them. For instance, a student who would typically be placed in third grade, who is talented at math, could take courses with fifth-graders.  [*138]  That same student, who may be less talented in written communication, could work on the third-grade level with his same-age peers. The system could work effectively all through the school years with little or no cost to the schools and might also be effective on the college undergraduate level.

TRACKING ALLOWS GIFTED STUDENTS TO BE ACCELERATED

Anne Scholtz Heim, January, 1998; Journal of Law & Education CHALK TALK: Gifted Students and the Right to an Ability-Appropriate Education // acs-VT2000
	Tracking, as explained earlier, is a method of grouping students by ability and creating special teaching programs for the whole group. n35 Examples of tracking of gifted students are advanced programs in many larger school districts. Gifted students are separated from other students to learn certain subjects such as math, English, and science at an accelerated pace. Such programs often cover other subjects as well for the entire four years of high school. Another option is the availability of college-credit, college-level courses which are taught in the high school itself.

BILINGUAL EDUCATION SHOUILD NOT BE CHANGED

THERE IS NO CRISIS IN BILINGUAL EDUCATION, SO THE BEST CHOICE WOULD BE TO LEAVE IT ALONE

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 110
	Perhaps we can do better. Perhaps the United States would do better with less bilingual education. But perhaps not. All that can be said for sure is that the data reveal no crisis. The system of educating immigrants with which this country has been muddling through, for all its problems, does not seem to be in a state of collapse.
	The best thing that could happen to the bilingual education debate, as with the controversies about phonics and social promotion, would be depoliticization. Pedagogy by soundbite is no cure for the complex social, economic, and instructional interactions that determine success for contemporary American schools.

NO STRONG EVIDENCE THAT BILINGUAL EDUCATION IS EITHER GOOD OR BAD

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 108-109
	This checkered history, however, does not demonstrate that bilingual education was effective, any more so than English immersion or intensive English-language instruction. Modern research on bilingual education is on the whole inconclusive. As with all education research, it is so difficult to control for complex background factors that affect academic outcomes that no single study is ultimately satisfying. Bilingual education advocates point to case studies of primary language programs in Calexico, California; Rock Point, Arizona; Santa Fe, New Mexico; New Haven, Connecticut; and elsewhere showing that children advance further in both English and other academic subjects when native language instruction is used and the transition to English is very gradual.`` Opponents also point to case studies in Redwood City and Berkeley, California; Fairfax, Virginia; and elsewhere indicating that immersion in English, or rapid and intensive English instruction, is most effective.`` The conflicting evidence from these case studies does not suggest that abolition of bilingual education, or even substitution of parental choice for pedagogical expertise in determining whether bilingual approaches should be used, would improve things much.

LOW GRADE POINT AVERAGE IS NOT THAT SERIOUS A PROBLEM

GRADE POINT AVERAGE IS NOT A GOOD MEASURE OF WHETHER STUDENTS WILL BE SUCCESSFUL IN LIFE

Clifford H. Edwards, Laurie Edwards, The Clearing House May 1, 1999; Pg. 260; HEADLINE: Let`s end the grading game; grading and marking of students  // acs-VT2000
	One of the most-talked about benefits of grading is sorting students for employment or university admissions. Because high school grade-point averages (GPAs) are good predictors of academic success (Tan 1991; Pettijohn 1995), colleges and universities commonly base admissions on them. Neither college nor high school grade point, however, is a cogent predictor of success after school (Cohen 1984). If high school grades fail to validly predict occupational success, there is little justification for continuing them just as a service to universities. 

EMPLOYERS DO NOT RELY ON GRADES IN HIRING DECISIONS

Clifford H. Edwards, Laurie Edwards, The Clearing House May 1, 1999; Pg. 260; HEADLINE: Let`s end the grading game; grading and marking of students  // acs-VT2000
	Although some grading proponents claim that employers use grades for hiring decisions, that is true only in part. Most employers are far more interested in creative, responsible employees with balanced personalities, relevant experiences, good work habits, and the ability to work cooperatively with others (Glasser 1998). Thus, grades have limited usefulness to employers. 

SCHOOLS EITHER HAVE ENOUGH MONEY OR CAN GET MORE IF THEY NEED IT

SCHOOL BUDGET MONEY AVERAGES PER-PUPIL RATE HIGHER THAN INFLATION

KAREN ANDERSON, DIRECTOR OF ADVOCACY RESEARCH, NATIONAL SCHOOL BOARDS ASSOCIATION. 1997, THE EDUCATION DIGEST, PUBLIC SCHOOL SPENDING: THE TRUTH``//EE2000 HT P4
	WHERE does school budget money come from? The United States spends almost $300 billion a year on K12 public education (estimates based on 1993-94 figures) to educate over 42 million children, according to the National Center for Education Statistics (NCES), and to employ more than 4.6 million school system staff, including 2.4 million teachers and 400,000 additional instructional staff. Perpupil expenditures, which averaged about $5,721 in 1993-94, have increased at a rate greater than inflation.

SCHOOLS SPEND LESS THAN 10% OF BUDGET ON ADMINISTRATORS

KAREN ANDERSON, DIRECTOR OF ADVOCACY RESEARCH, NATIONAL SCHOOL BOARDS ASSOCIATION. 1997, THE EDUCATION DIGEST, PUBLIC SCHOOL SPENDING: THE TRUTH // EE2000 HT P 4-5
	Analyses by the Center for Policy Research in Education (CPRE) indicate that schools spend less than 10 percent of their budgets on districtlevel administrative expenditures.
	NCES data show that the number of school district administrators and principals has remained constant since 1950. Although school district consolidation has reduced the number of superintendents, additional administrative staff have been hired to meet the growing responsibilities that public schools are expected to meet. Thus, public schools are meeting a greater number of needs without a corresponding expansion of staff.

NO DIFFERENCE BETWEEN URBAN AND SUBURBAN SCHOOL EXPENDITURES

KAREN ANDERSON, DIRECTOR OF ADVOCACY RESEARCH, NATIONAL SCHOOL BOARDS ASSOCIATION. 1997, THE EDUCATION DIGEST, PUBLIC SCHOOL SPENDING: THE TRUTH // EE2000 HT P 8
	In terms of actual level of expenditures, there is virtually no difference between urban and suburban schools. in actual dollars, both spend more than rural schools; however, when actual dollars are adjusted for regional costs and student needs, rural districts actually spend slightly more than suburban or urban districts. (Note that rural districts may have higher transportation and technology costs than urban or suburban schools, and that suburban schools also serve a higher number of at-risk students than in previous decades.

SUPREME COURT HAS CREATED AN IMPLIED GUARANTEE OF AN EDUCATION

Anne Scholtz Heim, January, 1998; Journal of Law & Education CHALK TALK: Gifted Students and the Right to an Ability-Appropriate Education // acs-VT2000
	There is no right to a free public education in the United States. n14 Nonetheless, the Supreme Court has acknowledged the special importance of education in this country and finessed some of its decisions to impliedly guarantee an education.

COURTS WILL ACT WHEN MINORITY SCHOOLS ARE UNDERFUNDED

John M. Vickerstaff, January, 1998, Journal of Law & Education, CHALK TALK: Getting Off The Bus: Why Many Black Parents Oppose Busing // acs-VT2000
	The focus of the courts will likely shift from analyses concerning busing to those concerned with equitable distribution of resources within each school district. The courts have never backed down from their position that intentional racial discrimination by school districts is impermissible. Therefore, they will probably try to ensure that predominantly minority schools receive substantially similar funding and status as predominantly white schools. 

WE DO NOT NEED SCHOOL IN ORDER TO LEARN

THE NUMBER OF YEARS ONE IS SCHOOLED DOES NOT PREDICT ONE`S SKILL LEVEL

Michael Huberman, professor of pedagogy at the University of Geneva, 1974; DESCHOOLING, ``Learning, Democratizing and Deschooling,`` edited by Ian Lister, EE2000-hxm p. 49
	And there is evidence to show that years of schooling or school grades do not predict proven talent as a scientist, administrator or entrepreneur.  Superior achievement as an adult is not related directly to academic aptitude or scholastic achievement, but rather to such non-cognitive traits as perseverance, concentration, willingness to takemoderate risks and need for personal achievement. 8

MOST EDUCATION OCCURS OUTSIDE OF SCHOOL

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 103-104
	Such criticism leads many people to ask whether it is possible to conceive of a different style of learning. The same people, paradoxically, when pressed to specify how they acquired what they know and value, will readily admit that they learned it more often outside than inside school. Their knowledge of facts, their understanding of life and work came to them from friendship or love, while viewing TV, or while reading, from examples of peers or the challenge of a street encounter. Or they may have  learned what they know through the apprenticeship ritual for admission to a street gang or the initiation to a hospital, newspaper city room, plumber`s shop, or insurance office. The alternative to dependence on schools is not the use of public resources for some new device which ``makes`` people learn; rather it is the creation of a new style of educational relationship between man and -his environment. To foster this style, attitudes toward growing op, the tools available for learning, and the quality and structure of daily life will have to change concurrently.

ADOLESCENTS CAN LEARN MORE OUTSIDE OF SCHOOL THAN INSIDE

Michael Huberman, professor of pedagogy at the University of Geneva, 1974; DESCHOOLING, ``Learning, Democratizing and Deschooling,`` edited by Ian Lister, EE2000-hxm p. 57
	Secondary schools are ill-prepared to teach vocational skills, and they have not been markedly successful in mixing an academic programme with a specialised occupational training within a single institution. Rather than increase their scope and services, they would do well to contract out all their non- intellectual work to offices, laboratories, community agencies and actual work experiences for youth. Adolescents should be spending far less time in school, first because they have more to learn at this age outside school and are equipped to get much of that instruction by themselves.

ANECDOTAL EVIDENCE IS INSUFFICIENT TO MAKE POLICY

ANECDOTES AND STORIES ARE NOT DATA SUFFICIENT FOR POLICY MAKING

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement H acs-VT2000 p. 26
	Anecdotes about education can be useful to guide researchers` search for data, or to illustrate the data found. But anecdotes are no substitute for data.

------------------------------------------------

COMPETITION IN SCHOOLS IS GOOD

PEOPLE ARE NATURALLY COMPETITIVE, AND EDUCATION SHOULD USE THAT TO SPUR STUDENTS TO ACADEMIC ACHIEVEMENT

Ken Hamblin, The Denver Post May 16, 1999; Pg. J-02 HEADLINE: Pushing the envelope of mediocrity  // acs-VT2000
	By his very nature, man is a competitive and curious creature. 
Lofty achievement speaks to this competitive and curious spirit. We know we have achieved when we are recognized as the best and the brightest in our field. Sometimes that reward is the only compensation afforded the true scholar. But those scholars are deeply rewarded, nonetheless. 
Denying any student the potential of that acknowledgment is to deny him or her the affirmation that many valuable things in life are worth struggling for, and that running the gantlet when things are tough is worth it. 

-----------------------------------------------

SOCIAL POROMOTION IS NOT A PROBLEM

SOCIAL PROMOTION HAS ALWAYS BEEN WITH US, AND IS NOT RESPONSIBLE FOR A DECLINE IN SCHOOL STANDARDS

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 100
	It is apparent that today` s controversy revolves around similar irreconcilable objectives. While perhaps today`s reformers will develop solutions we`ve not before considered, one thing is patently clear: no deterioration of school standards can be blamed on social promotion. The practice has been with us for a long, long time.

page		Argument 		NO SOLVENCY -- AFFIRMATIVE PLANS WILL FAIL
29		School reform fails
31		Money doesn`t solve
33		Without broad public support, reform fails
34		Administrative resistance causes plan failure
36		School culture can stop reforms and changes
37		Programs which work in isolation can`t be generalized
38		Liberal academic experiments fail
39		Can`t measure if the plan works or not
40		Grade inflation explains success
41		Schools cannot solve social problems
42		Family background is the most important and schools cannot change it
43		Schools cannot change self-identity of students
44		Students are already ruined by bad middle schools
44		Little bit of academic improvement won`t do anything
45		Truancy - can`t teach students who aren`t in school
46		We have to change our whole approach to education in order to solve
47		Teacher shortage stops plan from working
48		Teacher opposition stops the plan from working
49		Teacher standards and certification will fail
50		Teacher recruiting will fail
51		Teacher standards are discriminatory
52		Teacher development fails in isolation
53		Out of field teaching is widespread
54		Out of field teaching makes training irrelevant
55		Out of field teaching destroys academic achievement
56		Shortage of teacher time stops the plan from working
57		Teachers do not want to get involved with the personal concerns of students
58		Class size reductions will not solve
59		Integrated curriculum fails
61		Student-centered curriculum fails
62		Partnerships fail
63		Integrated science fails
65		Literature diversification causes controversy
66		Competition is better than cooperation
67		African American male centered curriculum fails & Afrocentric curriculum fails
68		Punishing students fails
69		Punishing students is counter-productive
70		Cannot create discipline in schools
71		Schools will be violence as long as students don`t want to be there
72		Police in schools do not solve
72		Surveillance and screening do not solve
73		Juvenile justice system cannot back up school discipline
74		Can`t learn as long as schools are violent
75		Peer mediation programs fail
83		School uniforms fail
86		Corporal punishment fails
87		Existing corporal punishment should be kept
90		Closed campus plans fail
91		Special education fails, mainstreaming fails
93		Court ordered desegregation fails
94		Bussing fails
85		In school day care fails
96		Bilingual education fails
97		Existing bilingual education should be kept
98		Single gender education fails
99		Block scheduling fails
100		Advanced placement fails
101		Tracking fails
201		New academic standards fail
110		SAT is evil
111		Voucher/choice programs fail
124		Boot camps fail
125		Religious schools fail

 REFORM OF AMERICAN SCHOOLS WILL ALWAYS FAIL

NEW EDUCATION REFORM PROPOSALS ARE MERELY THROWING GOOD MONEY AFTER BAD -- MORE OF THE SAME FAILURE

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	One might think policy makers would take notice. One might suppose they would demand a fundamental overhaul, a thorough hosing-out of this Augean stable of feckless programs and greedy interest groups. But one would be wrong. In a spectacular example of throwing good money after bad and refusing to learn from either experience or research, the scores of education proposals made within the past few years simply extend - indeed deepen - the familiar trend. 

EVERY STEP OF REFORM CRIPPLES EXISTING EDUCATIONAL PRACTICE

Eleanor Dougherty, Lecturer, Georgetown University, Fall, 1998; Virginia Journal of Social Policy & the Law GETTING BEYOND POLICY: SCHOOL REFORM IN PRACTICE // acs-VT2000
	During one of the public forums for the reauthorization of ESEA, a panel member captured the confusion and frustration that classroom teachers and school principals are facing as policymakers struggle with guidelines, regulations, and other artifacts of the policy process: 
    As a classroom teacher, what do I do while all this [standards reform development] happens? ... Am I to stay in a holding pattern while all this comparing and contrasting [of state standards] is going on? You`ve left me [the classroom teacher] out of the equation....That`s where we`re having the most difficulty....While states are revising [their standards], teachers are saying, ``When are you going to stop revising so I can get moving in my classroom?`` n65  This teacher reminds us that policy is necessary, but is not an end in itself. If we are to close the gap in the disparities of educational opportunity that now exist, we as educators and communities must act. We must find ways to support teachers, classroom practice, and the daily academic experiences that will enable more and more students to achieve high levels and to move into young adulthood prepared for productive lives. 

MOST MAJOR EDUCATION INITIATIVES FAIL

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	 It`s not that their authorizers and appropriators are ignorant. The major programs have been evaluated time and again. Countless studies have shown that most of them, for all their laudable ambitions and fine-sounding titles, do little or no good.

OUR CURRENT EDUCATION SYSTEM IS UNJUST AND RESISTANT TO REFORM

Hartmut Von Hentig, professor of education at the University of Bielefeld, 1971; DESCHOOLING, ``Deschooling the School,`` edited by Ian Lister, EE2000-hxm p. 37
	A society in which there is only one path to possessions, rights and opportunities is not an open society, Dropouts, for instance, who cannot or do not want to take this path, have only one possibility in our society - to return to the abandoned path. An educational system that does not provide alternatives, for these people and for others, is not only being unjust to the young, but it also lacks criteria for criticising and reforming itself. 

SCHOOLS ARE RESISTANT TO CHANGE WHICH MAKES IT DIFFICULT TO REFORM THEM

Hartmut Von Hentig, professor of education at the University of Bielefeld, 1971; DESCHOOLING, ``Deschooling the School,`` edited by Ian Lister, EE2000-hxm p. 38
	These propositions which I have listed reflect my doubts about the possibility of perfecting the schools we have now, or of abolishing them altogether. In the first case my concern is caused by the threats of technocracy  manipulation in an educational system which is highly institutionalised, dependent on shortlived parliamentary governments, a permanent civil service, and the established knowledge- system. These threats become stronger if, through growing professionalism, the school makes itself more opaque and isolated from society, so that society itself loses sight of its own educational function.

THERE IS NO POSSIBILITY TO REFORM EDUCATION

John Holt, school reformer and author, 1974; DESCHOOLING, ``Reformulations: a Letter Written After Two Weeks in Cuernavaca,`` edited by Ian Lister, EE2000-hxm p 45
	Two foolish metaphors come into my mind. To talk about reforming the schools  to make them places where human freedom and growth will be paramount is a little like talking about redesigning a camel to make it into an effective bird, or perhaps modifying a submarine to make an effective airplane. The job can`t be done. The principles of construction are all wrong, so to speak. There really is no gradual process, adding a little here, taking a little away there, by which a submarine could be made to fly. We really have to start from somewhere else.

SCHOOL REFORM FAILS AT THE IMPLEMENTATION PHASE

POLICY MAKERS PAY ATTENTION TO THE ATTRACTIVE ELEMENTS OF REFORM BUT NEGLECT ESSENTIAL IMPLEMENTATION

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 12
	Policymakers` emphasis on the politically attractive aspects of reform has produced inattention to the details of implementing reform. As a consequence, ``policies and reforms often fall apart when they encounter the realities of daily life in the classrooms.``

INEXPENSIVE SCHOOL REFORMS WHICH MAY BE HARD TO
IMPLEMENT MUST BE REJECTED AS POLICY OPTIONS

CHRISTOPHER JENCKS, Harvard, & MEREDITH PHILLIPS, UCLA, 1998; THE BLACK WHITE TEST SCORE GAP, ``Introduction`` // acs-VT2000 p. 44
	When educators look for less expensive ways of improving black children`s achievement, they usually find themselves considering proposals that are quite difficult to implement. Raising teachers` expectations is not inherently expensive, for example, but how does a school administrator do it? Big-city school districts are besieged by advocates of curricular innovation who claim their programs will raise black children`s test scores. These programs usually require complex and relatively subtle changes in classroom practice. School boards and administrators cannot impose such changes by decree, the way they can reduce class size or require new teachers to pass an exam. Nor can teachers make such changes by a single act of will, the way they might adopt a new textbook. As a result, schools seldom implement these programs in exactly the way their designers expected or intended. A program may work well initially, when it is closely supervised by a dedicated innovator, but may have no detectable effect when the innovator tries to bottle it and sell it off the shelf.

SEARCH FOR QUICK SOLUTIONS IS THE OPPOSITE OF WHAT IS NEEDED FOR LONG TERM IMPROVEMENT IN EDUCATION

FREDERICK HESS, Brookings Institution, 1999; SPINNING
WHEELS: the politics of urban school reform // acs-VT2000
p. 54
	A frenetic search for quick solutions is precisely the kind of leadership unlikely to produce long-term improvement. Good management practice requires leaders to become knowledgeable of their organization`s behavior, institutions, problems, and culture before proposing changes and to support changes with careful planning, training, and implementation.`` Organization members need time to absorb the new expectations and adjust their behavior. A management consulting executive has suggested, ``Change requires close attention to all aspects of peoplemanagement. New internal cultures demand new behaviors, new selection processes.... But, what we all-too-often see in these key areas is an unconnected and sometimes ill-timed series of changes.``

THE HARDEST PART OF SCHOOL REFORM REQUIRES TRANSFORMING THE CLASSROOM, TEACHERS, STUDENTS, AND PARENTS

William G. Cunningham, staff writer, September/October 1997; HIGH SCHOOL MAGAZINE, ``Are you ready for 21st century schools?,`` EE2000-hxm p. 33-34
	Much of the groundwork for school reform has been laid in our focus on capacity building. We have worked to create new governance structures, we better understand the change process, and we have established significant new standards and assessment techniques. However, the most important journey still lies ahead. This means building new, more relevant curriculum, devising new ways by which students can learn, reorganizing the use of instructional time, and using technology to improve the entire process. Schools must establish themselves as the foundation upon which healthy, moral, prosperous minds are built. The call Is to transform the classroom, curricula, instruction, staffing, and our relationship to parents and community (Martin, 1992; Noddings, 1992; Carter and Cunningham, 1997).

NO COST-QUALITY RELATIONSHIP EXISTS -- SPENDING MORE MONEY ON SCHOOLS WILL NOT IMPROVE ACADEMIC ACHIEVEMENT

60 STUDIES PROVE IT - THERE IS NO COST-QUALITY RELATIONSHIP; MORE MONEY WILL NOT MEAN MORE EDUCATION

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	When coupled with research regarding the relationship of school spending to student performance on standardized tests, this conclusion gains merit. As Eric Hanushek observed after reviewing sixty studies attempting to link school expenditures to student achievement, there is no such relationship, and therefore no reason to pay for public school programs that do not work.

KANSAS CITY SHOWS -- MORE MONEY DOESN`T MEAN MORE ACADEMIC ACHIEVEMENT

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	After nine years of litigation regarding Kansas City schools, a court order demanded extensive funding of the school district to provide state-of-the-art facilities and resources. Despite this influx of funds, test scores remain low, the racial balance in the schools is unchanged, and dropout rates increased. Money Alone Can`t Fix Failing Public Schools, The San Diego Union-Tribune, Sept. 5, 1993, at G-4 (quoting from The Economist). 

INCREASING FUNDS FOR EDUCATION ONLY INCREASES FAILURE

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 4
	When school  systems fail to teach assessable skills they succeed in expanding their activities by raising funds for `curriculum development`. Thus, millions Of pounds go into `New` Mathematics, Science, and Modern Language Projects. According to an educational law of eventually diminishing returns increased investment leads to increased failure and, in its turn, to arguments for yet more investment. This creates an exponential increase in the cost of failure. A developed country is one that can afford failure at the highest per capita cost.

ECONOMIC RESOURCES DO NOT INFLUENCE ACADEMIC ACHIEVEMENT

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.125-126
	The estimates from the first and most general set of models are reported in table 4-8. The estimates under the column labeled model 1 are for the final version of our most general model. To arrive at those estimates we eliminated from the original model variables that proved to have influences on student achievement that could not be statistically distinguished from zero. Thus in model 3 we find that school economic resources do not have a significant, independent effect on achievement gains. The unstandardized regression coefficient for school resources (.003) is less than its standard error (.005). To conclude with a high level of confidence-only a 5 percent chance of being wrong-that school resources do not have zero influence, the regression coefficient would need to be at least 1.64 times the size of the standard error. By this statistical test, which we will apply to coefficients throughout our entire analysis, school economic resources do not influence student achievement independently or directly. Although negative, this is an important finding. It shows that the simple correlation of school spending and school performance can be misleading. When other relevant factors are taken into account, economic resources are unrelated to student achievement.

MONEY IS NOT THE PROBLEM OR THE SOLUTION FOR SCHOOLS

John E. Chub & Terry M. Moe, Brookings Institution,
1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS
EE2000-sae p.193-194
	If money does not make much difference, then it must mean that many of the things money can buy do not have the kinds of beneficial consequences that educators and reformers think they do. Better schools probably do not require lots of expensive equipment or huge new buildings or vast libraries. Nor do they require paying teachers substantially more or hiring an army of them to teach a diverse array of courses. In our view, the performance problems of the public schools have little or nothing to do with inadequate funding, and they cannot be corrected by digging deeper into the public purse.

NO COST-QUALITY RELATIONSHIP EXISTS -- SPENDING MORE MONEY ON SCHOOLS WILL NOT IMPROVE ACADEMIC ACHIEVEMENT [p.2]

MONEY DOES NOT CAUSALLY EFFECT ACADEMIC PERFORMANCE

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.193
	Our own analysis of American high schools affirms this wellestablished finding. While it is true that high performance schools have more resources to employ than low performance schools do, some 20 percent more on the average, the apparent causal connection turns out to be spurious when controls are introduced for factors like social class and student aptitude. Money is not what makes some schools more effective than others. To this we should add that private schoolswhich outperform public schools, on the average-also tend to spend less than the public schools do in educating their students. They get better schools for less money.

MONEY AND SCHOOL SIZE ARE NOT SIGNIFICANT DETERMINATIONS OF EDUCATIONAL EFFECTIVENESS

John E. Chub & Terry M. Moe, Brookings Institution,
1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS
EE2000-sae p.144
	None of these tendencies has proven to be consistently strong, however. And that is what we find too. We find a weak tendency for effectively organized schools to be smaller than ineffectively organized ones, but by only eleven students per grade. That`s a difference of` only 6 percent. If school size makes a meaningful difference for school organization, it does not make the kind of difference that stands out amidst other influences on school organization..
	Much the same must be said about other school resources. Reformers often think that an effective school is something that money can buy. Money can be used to shrink class sizes and thereby encourage closer relationships between teachers and students. It can be used to give teachers more time away from their classrooms to work with and support one another. Money can also be used to increase teacher compensation and, through it, teacher satisfaction. To be sure, research has never found a systematic relationship between school spending and student achievement .5 But the relationship between spending and school organization is more direct and presumably stronger than the relationship between spending and achievement.

ECONOMIC RESOURCES ARE NOT A FACTOR IN ACADEMIC ACHIEVEMENT

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.193
	During the 1980s, governments responded to these pressures with handsome increases in funding. The problem is that, common sense notwithstanding, there is no evidence that increases of even this magnitude stand to have important effects on school performance. In fact, the relationship between resources and performance has been studied to death by social scientists, and their consistent conclusion has been that resources do not matter much, except perhaps in cases of extreme deprivation or gross abundance.

EVEN WITH MEASURES TO MAKE SCHOOL MORE EQUAL, POOR STUDENTS RARELY ``CATCH UP`` TO THE STANDARDS OF RICH ONES

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000--hxm P. 9
	it should be obvious that even with schools of equal quality a poor child can seldom catch up With a rich one. Even if they attend equal schools and begin at the same age, poor children lack most of the educational opportunities which are casually available to the middle-class child. These advantages range from conversation and books in the home to vacation travel and a different sense of oneself, and apply, for the child who enjoys them, both in and out of school. So the poorer student will generally fall behind so long as he depends on school for advancement or learning. The poor need funds to enable them to learn, not to get certified for the treatment of their alleged disproportionate deficiencies.

WITHOUT BROAD PUBLIC SUPPORT, THE AFFIRMATIVE REFORMS WILL FAIL

A LEARNING COMMUNITY REQUIRES A COLLABORATION AMONG ALL OF THE STAKEHOLDERS IN EDUCATION

William G. Cunningham, staff writer, September/October 1997; HIGH SCHOOL MAGAZINE, ``Are you ready for 21st century schools?,`` EE2000--hxm p. 33
	Such a learning community is only possible through a collaborative effort among all stakeholders in the educational system. As Theodore Sizer writes, ``Innovation cannot be supported if it is isolated from the majority of teachers and only carried out in a few innovative classrooms`` (1996). Successful innovation requires a support network of educators who have jointly agreed upon and are experimenting with the ideas of the new reaching and learning paradigm. It is too much responsibility for one principal or a small group of teachers to enact reforms by themselves-they must tap into professional networks, and adapt others` ideas to fit their experiences and communities.

THE PLAN MUST HAVE LOCAL SUPPORT TO SOLVE

Clarence N. Stone, professor of government and politics at the University of Maryland, 1998; CHANGING URBAN EDUCATION, ``Introduction: Urban Education in Political Context,`` EE2000-hxm p. 2
	The old saw ``all politics is local`` may be an overstatement, but it applies with considerable force to the education arena. Education politics has a stubbornly local dimension, notwithstanding Supreme Court decisions, the global economic order, national and state legislation, society wide battles over ideology, and much more. Structurally, despite the fact that local school districts are legal creatures of the state, local autonomy in education is ``deeply rooted`` in the American tradition.` Sustained effort for change rests ultimately on some form of local support. The local political context is thus a matter of utmost importance. It is at the local level that crucial support for reform is built, resistance mounted, and conflicts over education worked out. Major corporate executives, federal lawmakers, officers in major foundations, education scholars, and state officials play a part in proposing change, and states especially can change the rules under which local actors play. But local players give the final imprint to change, and how they do that is part of the process of change. The local political context is the central concern in this book, not because it is all that matters but because it is a significant though largely unexplored part of the story of educational reform.

THE PLAN MUST HAVE A COALITION OF SUPPORT IN ORDER TO SOLVE

Clarence N. Stone, professor of government and politics at the University of Maryland, 1998; CHANGING URBAN EDUCATION, ``Introduction: Urban Education in Political Context,`` EE2000-hxm p. 12
	The Atlanta experiences also points to coalition building as crucial in bringing about change. The issue is whether various stakeholders go their separate ways, following a narrow understanding of their stake in the education system, or whether they come together around a larger vision of what is at issue. Operating alone, business, for example, is likely to be either indifferent or concerned mainly about keeping taxes down. Individual educators may have high aspirations, but teachers` unions tend to concentrate on bread and butter issues. In the absence of a broadly defined coalition, discontented parents concentrate on concessions for their own children and make targeted efforts on behalf of a particular neighborhood or category of users (such as gifted and talented or special education parents). The concerns of parents and other stakeholders tend to be highly fragmented. The challenge, then, is how to fold the particular and lasting concerns of diverse stakeholders into a general effort to make a strong education performance an ongoing reality.

THERE CAN BE NO SCHOOL REFORM WITHOUT A SOLID POLITICAL FOUNDATION WHICH ADVOCATES CHANGE

Clarence N. Stone, professor of government and politics at the University of Maryland, 1998; CHANGING URBAN EDUCATION, ``Introduction: Urban Education in Political Context,`` EE2000-hxm p. 3
	No matter how intellectually appealing the argument for reform, it will happen only if a political foundation for change can be built and solidified. But what is it that makes for a durable foundation? Much, of course, depends on the particulars of each proposal and the scope of change involved. For the kinds of far-reaching reforms being advocated currently, our knowledge of the political forces at work is limited. It is thus important to examine these forces in a variety of settings, and that is another aim of this book. This is therefore not a book that advocates a particular initiative or that assesses the test-score impacts of the latest pedagogical innovations. It is a book about political processes, as they operate in urban communities, and about how these processes variously shape, reinforce, or undermine efforts to bring about change in education.

POPULAR SUPPORT AND SUSTAINED RESOURCES ARE KEY TO SOLVING EDUCATION PROBLEMS

Clarence N. Stone, professor of government and politics at the University of Maryland, 1998; CHANGING URBAN EDUCATION, ``Introduction: Urban Education in Political Context,`` EE2000-hxm p. 1 1
	Thus it seems that a restructuring of control at the top is not enough to establish a performance regime. Electoral change, standardized measures of outcome, or new directives by themselves do not meet the needs of a school system with a high concentration of poverty among its student body. Reformers, it seems, have not only to gain popular support, but they also need to be able to bring enough resources to bear in a sustained way in order to make headway in achieving an improved academic performance. It is by no means apparent that classroom technique alone can yield the desired results.

PROBLEMS AT THE ADMINISTRATIVE LEVEL WILL FOIL AFFIRMATIVE REFORMS

CHANGE IN EDUCATION POLICY CAUSES POLITICAL DISPUTES WHICH UNDERMINES THE REFORM

Donna E. Muncey and Patrick J. McQuillan, 1996; REFORM AND RESISTANCE IN SCHOOLS AND CLASSROOMS: AN ETHNOGRAPHIC VIEW OF THE COALITION OF ESSENTIAL SCHOOLS, EE2000-hxm p. 278
	Political tensions emerged not only among the professional staff; comparable tensions were apparent in student-teacher classroom interactions. In general, teachers found that personalizing students` education complemented their efforts to promote active learning and that students were generally receptive to such innovations. In some instances, however, students for whom certain changes represented radical departures from previous experiences were often ill prepared forand at times resistant to-what Coalition teachers envisioned. The political life of these classrooms could then become hostile; expectations of student work became a matter of continual negotiation. Furthermore, in the same way that political conflict at the school level could drain the enthusiasm and energy of pro-change teachers and administrators, political disputes in the classroom could diminish a teacher`s willingness to experiment with change and thereby undermine efforts at school reform.

UNPOPULAR EDUCATIONAL REFORMS CAN BE SABOTAGED BY SCHOOLS

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	When educators view reform demands as inappropriate, they are skilled in finding ways to temper or evade their effects. They may exclude low-achieving pupils from the state examination. . . . They may raise grades for students in danger of violating the no-pass, no-play rule in athletics. . . . When it becomes apparent that enormous numbers of students may be failing promotional or graduation examinations . . . educators may adjust the cut-off points on the tests. 

REFORM IMPLEMENTATION IS DICTATED BY POLITICAL FACTORS IN THE SCHOOL DISTRICTS

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 177-178
	Most reform is not a serious attempt to change teaching and learning in the classroom but is intended to bolster the stature of the district policymakers. The evidence on five Third Wave reforms in fifty-seven urban districts during 1992 to 1995 supports this political understanding of school reform. The amount of reform taking place, the nature of that reform, which reforms and where they are proposed, and the consequences of this activity are all consistent with a political interpretation. The great irony is that the sheer amount of activity-the fact that reform is the status quo--impedes the ability of any particular reform to have a lasting effect.

UNLESS EVERYONE INVOLVED--INCLUDING TEACHERS, PROFESSIONALS, PARENTS, AND ADMINISTRATORS AGREES ON THE NEED TO CHANGE, POLITICAL PROBLEMS WILL UNDERMINE THE PLAN

Donna E. Muncey and Patrick J. McQuillan, 1996; REFORM AND RESISTANCE IN SCHOOLS AND CLASSROOMS: AN ETHNOGRAPHIC VIEW OF THE COALITION OF ESSENTIAL SCHOOLS, EE2000-hxm p. 283
	The tendency of faculties to view change and its effects judgmentally seems connected to three developments that arose at most of our research sites. First, most schools did not establish a working consensus about the need for change before implementing a Coalition program. Whether change was necessary or desirable was therefore continually contested. Second, although Coalition proponents experienced some positive aspects of change, faculty who were not directly involved often experienced negative (from their perspective) consequences. Finally, the tensions raised by political divisiveness tended to restrict communication between Coalition advocates and opponents. Consequently, there were few common understandings regarding program goals and developments since such topics were seldom the object of joint reflection or problem solving.

POLITICAL DISPUTES WITHIN SCHOOLS UNDERMINES CHANGE

Donna E. Muncey and Patrick J. McQuillan, 1996; REFORM AND RESISTANCE IN SCHOOLS AND CLASSROOMS: AN ETHNOGRAPHIC VIEW OF THE COALITION OF ESSENTIAL SCHOOLS, EE2000-hxm p. 281-82
	Americans assert that their schools are fundamentally educational institutions; yet political factors play prominent roles in what occurs within them on a day-to-day basis. This somewhat unpleasant and often overlooked reality takes on additional significance for schools involved with reform because differences of opinion, philosophy, and pedagogy typically left undisturbed or taken for granted are often stirred up through the change process. This also suggests to us that if change is to take root, those involved must confront the political dimensions of change. As we found, the initial apolitical stance of reform advocates (for example, focusing on classroom-centered change) left many unprepared for political disruptions that arose, tensions which in some instances over whelmed the pedagogical, curricular, and structural aspects of change. Moreover, as the philosophical and political became entwined, these issues became divisive and dismaying for many Coalition proponents, and they were ultimately draining on the school`s restructuring effort. Participants in schools considering change may want to consider such issues as how their resources (including time) are (or are likely to be) redistributed as a consequence of reform initiatives, how participants and nonparticipants are being publicly portrayed, how decisions are being made, and so on. Although the particulars will vary according to local contexts, ignoring the political context of a school and denying its potential role as an impediment to change may lead reform advocates to approach a formidable challenge with unwarranted optimism and naivete.

PROBLEMS AT THE ADMINISTRATIVE LEVEL WILL FOIL AFFIRMATIVE REFORMS [p.2]

REARRANGING OF INSTITUTIONAL RELATIONSHIPS IS KEY TO IMPLEMENTING EDUCATION POLICY CHANGES

Clarence N. Stone, professor of government and politics at the
University of Maryland, 1998; CHANGING URBAN EDUCATION, EE2000-hxm p. x
	The general model of social reform suggested here thus runs: problem recognition attempts to  rearrange political and other relationships, including the mo bilization of efforts and resources -policy response. In short, we do not simply move from problem recognition to durable policy response. We do not even move from problem recognition to dissemination of new ideas to durable policy response. Some institutionalization of effort, some rearranging of relationships forms an essential step in the reform process.  	
	Many would-be reformers skip this intermediate, political step and go directly to the question of whether various initiatives improve test scores and enhance the academic performance of students from poverty backgrounds. Questions about outcomes undoubtedly need to be asked at some stage, but first it must be established that reform initiatives can be put into place and kept therenot just in name but in reality. It is this issue that makes the political context of reform a matter of central concern. Talk about reform or about what is desirable is not the same as a politically secured program of action.

PLAN MUST CHANGE INSTITUTIONAL POLITICS IN ORDER TO SOLVE

Clarence N. Stone, professor of government and politics at the University of Maryland, 1998; CHANGING URBAN EDUCATION, ``Introduction: Urban Education in Political Context,`` EE2000-hxm p. 9
	The goal is clear enough- schools that are oriented toward seeing that their students perform well in pursuit of academic achievement. But change does not occur by simply endorsing a new policy and calling for it to be carried out through existing arrangements. This is a point where thinking in regime terms can be instructive. Urban regime theory posits that policy change comes about only if reformers establish a new set of political arrangements commensurate with the policy being advocated. Promoting stronger academic achievement means, then, building support for schools that are driven by a performance imperative. This might be called putting into place a ``performance regime.`` But how do we achieve such schools and enable them to institutionalize practices that will sustain an effective performance level? That is no easy matter. Even though the legitimacy of the old system has weakened, a new regime has yet to form in more than a rudimentary way. It is not enough to destabilize the old order. The political challenge is to build a new set of arrangements in which academic performance is a focal concern. The question is one of how to motivate stakeholders, including professional educators, to make the academic performance of students a matter of central concern.

NEW SCHOOL PROGRAMS FAIL BECAUSE THEY ARE UNDERMINED BY THE SOCIAL CULTURE OF THE SCHOOL SYSTEM

LITERATURE SUGGESTS THAT CHANGING THE EDUCATIONAL CULTURE OF A SCHOOL TAKES A LONG TIME

Charles A. Reavis, The Clearing House March 1, 1999; Pg. 199; HEADLINE: Importing a culture of success via a strong principal. // acs-VT2000
	The literature suggests that cultural change takes a long time (Fullan 1991; Fullan and Park 1981; Hall and Loucks 1977; Meyer and Rowan 1983); must be built from within (Deal 1987); is personally and socially disrupting (Maris 1974); is a time-consuming process with unclear procedures for how to proceed; and is ``an imprecise process`` (Conley 1993, 323). 

FOR CHANGE TO WORK IN SCHOOL THE REFORMS MUST GO ALONG WITH THE CULTURE OF THE SCHOOL SYSTEM

Datnow, Amanda. Ph. D UCLA professor at Johns Hopkins. 1998 ``The Gendered Politics of Educational Change`` // ee2000 rls pg 12 
	The school culture is an ideologically contested terrain, and school change theorists do not directly deal with the ideological differences among teachers that might inhibit reculturing and/or restructuring. The literature tends to emphasize the values, norms, and habits that are held in common - the shared content of school culture, portraying culture as unitary and monolithic (see Blackmore and Kenway, 1995; Hargreaves, 1994). This oversimplified view of culture exaggerates consensus, ignoring conflict and the micropolitics of schools. In fact, the school culture itself may be the subject or site of a struggle over competing ideologies among educators, as teachers from various subcultures often have differing opinions on what to change and how to change it.

SCHOOLS HAVE MANY TYPES OF CULTURE WITHIN THEM

Datnow, Amanda. Ph. D UCLA professor at Johns Hopkins. 1998 ``The Gendered Politics of Educational Change`` // ee2000 rIs pg 12-13 
	Critical theorists define teacher ideology in more political terms than the school change theorists, in a way that is particularly helpful for understanding the cultural politics and contested nature of local school change. Critical theorists see ideology as a set of lived meanings and practices that are often internally consistent (Apple, 1985; Giroux, 1984). Ideology can play a role in securing domination of one societal group over another. That is, teachers` ideologies are produced in the course of their interactions within the school context and the larger society in which they exist. in this way, ideologies can also operate in the service of dominant societal norms and the existing social structure (Apple, 1985). As Giroux (1984) argues, `if we are to take human agency seriously, we must acknowledge the degree to which historical and objective social forces leave their ideological imprint on the psyche itself` (p. 318). Critical theorists stress the importance of social, political, and economic conditions around issues of race, gender, and class as shaping ideology. This wider, more explicitly political definition of ideology is important for understanding the politics of educational change.

AFFIRMATIVE TAKES A SINGLE PROGRAM AND EXPANDS IT -- BUT IT WILL NOT WORK THE SAME WAY IN EVERY SCHOOL
NO DEMONSTRATION EFFECT, THEREFORE NO SOLVENCY

REFORMS WHICH WORK IN SMALLER DEMONSTRATION PROJECTS FAIL UPON BROADER IMPLEMENTATION

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 178
	Highly touted reforms, found to be effective when attempted in small-scale studies, often produce disappointing results when attempted on a larger scale .4 Reforms have not necessarily been misguided or ineffective. Rather, excessive and weakly supported reform activity has made it exceedingly difficult for reforms to take root and flourishregardless of the design of any given initiative.

``IF IT WORKS FOR THEM IT WILL WORK FOR US`` LOGIC IS FLAWED

Allen Walker, Associate Professor, University of Hong Kong, Terry Quong, Dept of Education, Northern Territory, Australia, 1998, PEABODY JOURNAL OF EDUCATION, ``Valuing Differences: Strategies for Dealing With the Tensions of Educational Leadership in a Global Society``//ee2000-Sj pg. 85
	As noted previously, sameness has two faces. The first face pulls societies and schools toward cultural uniformity. This is especially conspicuous in non-Western societal contexts such as Hong Kong, where ``foreign`` educational values are often imported without due consideration of culture. Educators appear to adhere to the principle of ``West is best,`` thus shaping behavior into a global-cultural sameness.
	Leaders tend to ignore the significance of culture in the formulation and adoption of educational ideals and their implementation in practice (see Hallinger & Leithwood, 1996). Culture is often ignored when the same policies and practices are accepted regardless of cultural difference: -if it works for them, it will work for us.

DEMONSTRATION PROJECTS DO NOT MEAN THAT A REFORM REALLY ``WORKS,`` BUT THAT THOSE BEHIND IT WANT TO PROCLAIM THEIR EXPERTISE

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 178
	To say that school reform has been a disappointment does not me-an thatevery effort has fallen short. Reforms will sometimes take hold when they happen to ``match the inclinations, strengths, and preference of people in a particular classroom.`` However, policymakers, academics, and consultants have no incentive to acknowledge that the law of averages means some policy initiatives somewhere are bound to work. ``Worr[ied] about the public`s reaction if we suddenly declare that on critical matters of pedagogy, we just `aren`t sure,``` administrators use perceived successes as opportunities to proclaim their expertise .

SCHOOL STANDARDIZATION FOSTERS CONFORMITY IN 2 WAYS THAT PREVENT NEW SOLUTIONS

Allen Walker, Associate Professor, University of Hong Kong, Terry Quong, Dept of Education, Northern Territory, Australia, 1998, PEABODY JOURNAL OF EDUCATION, ``Valuing Differences: Strategies for Dealing With the Tensions of Educational Leadership in a Global Society``//ee2000-Sj pg. 87
	In the political arena budgetary pressures, increased media scrutiny of government, and calls for bureaucratic and public accountability also press for standardization of practices. This is evident in accountability mechanisms that track school quality. The increasing focus on regulation in public sector management has arisen as a result of public demands for accountability. Political-cum-policy pressures encourage schools to establish standards, rules, and ``acceptable processes`` because they are safe.
	Although accountability is necessary, it fosters conformity in two ways. First, to many people, accountability is synonymous with predictability. Thus, school leaders may avoid new solutions because they may fear being ``marked down`` if they depart from the norm. This can have the effect of ``executive cloning`` in management selection processes. The second concern is that accountability mechanisms can create an environment in which administrators focus effort on what the system wants to hear. In such a context, honesty may not be conducive to harmonious relationships (A. Walker & Walker, 1998).

NEW LIBERAL ACADEMIC EXPERIMENTS WILL FAIL

LIBERAL ACADEMIC EXPERIMENTATION WILL DESTROY OUR SCHOOLS

Ken Hamblin, The Denver Post May 16, 1999; Pg. J-02 HEADLINE: Pushing the envelope of mediocrity  // acs-VT2000
	Liberals in government and in our schools are seldom willing to admit it, but the fact is, their egalitarian notions about education in our nation`s public schools have been a miserable flop. 
First minority schools fell, crumbled under liberal academic experimentation. And now, predominantly white public schools are beginning to crumble, too. 

CUTTING-EDGE EDUCATION REFORMERS ARE IGNORING THE COMING EDUCATIONAL MELTDOWN

Heather MacDonald, staff writer, Summer, 1998; City; Pg. 56-64 HEADLINE: An F for Hip-Hop 101 // acs-VT2000
	But cutting-edge educators are sleepwalking through the apocalypse, seemingly indifferent to the educational meltdown we face. 

CANNOT MEASURE SUCCESS - EDUCATION EVALUATION IS EXTREMELY DIFFICULT AND DATA ARE UNRELIABLE

REAL EDUCATION WILL ALWAYS BE BEYOND SIMPLE MEASUREMENT

Peter Schrag, Sacramento Bee May 19, 1999, Pg. B7 HEADLINE: COMMENCEMENT: WHAT DOES THE DIPLOMA MEAN? // acs-VT2000
	Some of the most important things about education have always been based on faith, which in turn can invite all sorts of mush. Yet if education is to be something more than training for skills and technical competence, much of it will be beyond simple measurement.

EMERGING STUDENT ASSESSMENT SYSTEMS ARE INADEQUATE FOR EDUCATION REFORM

Eleanor Dougherty, Lecturer, Georgetown University, Fall, 1998; Virginia Journal of Social Policy & the Law GETTING BEYOND POLICY: SCHOOL REFORM IN PRACTICE // acs-VT2000
	Assessments have been designed and administered for a number of purposes: for school accountability, for student advancement through K-12, for admissions and placement in higher education, etc. Yet, our emerging assessment systems may not be providing the information the public, districts, and states need about student performances in relation to the demands of college and the workplace.

IMPOSSIBLE TO KNOW IF REFORMS SUCCEED FOR 12 TO 15 YEARS

Jeffrey Mervis, staff writer, Science July 10, 1998; Pg. 161; HEADLINE: U.S. tries variations on high school curriculum; American Renaissance in Science Education hopes to reverse order of teaching core sciences to high school students // acs-VT2000
	NSF program manager Wayne Sukow, who was closely involved in SS&C, admits that the impact of any major reforms is hard to gauge, at least in the short term. ``You really need at least a generation of students--12 to 15 years--to study the impact of curriculum reform,`` says Sukow. ``But it`s tough to sustain interest for that long.`` 

INFORMATION MONOPOLY ON SCHOOL DATA MUST BE BROKEN TO FREE UP REAL REFORM

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	What education ``trusts`` need busting? Our first candidate is the information monopoly. Education consumers in most of the United States lack ready access to reliable, intelligible information about student, teacher, and school performance. By manipulating the information, the establishment hides the seriousness of the problem. While most Americans know the education system is in trouble, they also believe that their local school serves its students well. This is the misinformation machine at work. There`s a need for the education equivalent of an independent audit - and that`s a legitimate role for the federal government, though one that many Republicans in Congress have so far been loath to permit. 

SCHOOL CREATES A MEASURED WORLD THAT IS UNMEASURABLE

Ivan Illich, professor at Claremont University, 1974; DESCHOOLING, ``Schooling: the Ritual of Progress,`` edited by Ian Lister, EE2000-hxm p. 65
	The myth of measurement of values. The institutionalised values school instills are quantified ones. School initiates young people into a world where everything can be measured, including their imaginations, and, indeed, man himself.
	But personal growth is not a measurable entity. It is growth in disciplined dissidence, which cannot be measured against any rod, or any curriculum, nor compared to someone else`s achievement. In such learning one can emulate others only in imaginative endeavour, and follow in their footsteps rather than mimic their gait. The learning I prize is immeasurable re-creation.

MUST EVALUATE IF PROGRAM WORKS BEFORE EVALUATING THE COSTS

Ernest von Glaserfeld, Institute for Scientific Reasoning, University of Massachusetts, 1993. THE PRACTICE OF CONSTRUCTIVISM, ``Questions and Answers about
Radical Constructivism // GJL p.36
	The first criterion to decide the acceptability of a ``construction`` is its viability, that is to say, whether it does or does not do what it is supposed to do. If it is viable, one can introduce other criteria such as simplicity, economy, elegance, convention, etc.

 CANNOT MEASURE SUCCESS -- GRADE INFLATION MAKES GRADES INCREASINGLY IRRELEVANT

GRADE INFLATION HAS MADE THEM FAR LESS USEFUL AS A MEASURE OF ACADEMIC ACHIEVEMENT

Gretchen Rigol, vice president for Guidance, Access, and Assessment Services for the College Board, May 18, 1998, Insight on the News; Pg. 24 HEADLINE: Q: Should colleges scrap the SAT as part of their admissions decisions // acs-VT2000
	Today there is a danger that a creeping inflation of grades has shaken public confidence in educational standards. With more than one-third of SAT takers currently reporting high-school grade averages of ``A,`` is there any question what might happen to grades if all scholarship and college-admissions decisions were based solely on students` grade-point averages? And would we feel more comfortable if decisionmakers used primarily subjective information to distinguish among students from different high schools or communities? 

TEACHERS ARE AFRAID TO GIVE LOW GRADES BECAUSE THEY WILL GET LOW EVALUATIONS

Shelton A. Gunaratne, professor Mass Communications Department Moorhead State University, Minn; USA TODAY, February 27, 1998, Pg. 12A, HEADLINE: Poor academic performance of U.S. students reflects quality of teaching  // acs-VT2000
	Education has become too commercialized. Student evaluations determine  the fate of teachers, who are afraid to give low grades to poor  students. 
 Does anyone know what has happened to the ``F`` grade? 

 SCHOOLS CANNOT SOLVE THE PROBLEMS OF BROADER SOCIETY

SCHOOL REFORM IS NOT THE ANSWER TO SOCIAL ILLS

A. LEVINE, CHAIRMAN OF THE INSTITUTE OF EDUCATIONAL MANAGEMENT, 1992, ``HOW DO WE GET THE GRADUATES WE WANT - WHO THEY ARE AND HOW TO GET THEM,  // EE2000 FM PP1 4-5
	Fifth, we need to recognize that the schools cannot remedy all of America`s social ills. Since the days of the War on Poverty in the mid-1960s, there has been a tendency to ask schools to take on a growing share of the nation`s social problems and later to blame them when the problems persist. Schools are indeed powerful institutions, but they cannot single-handedly overcome inequities in housing and income distribution; compensate for the decline of the family and the church; eliminate the scourge of drugs, teen pregnancy, and neighborhood violence; reinvigorate America`s economy; or reestablish the old world order. We must not ask them to do what they cannot do. We must not allow them to become political battlegrounds for competing ideologies and special interest groups attempting to shape the nation`s values.

IT IS INAPPROPRIATE TO SEE SCHOOLS AS THE WAY TO PREVENT SOCIAL CHAOS

Sherman Dorn, Assistant Professor of Special Education at Peabody College of Vanderbilt University, 1996; CREATING THE DROPOUT: AN INSTITUTIONAL AND SOCIAL HISTORY OF SCHOOL FAILURE, EE2000-hxm p. 4-5
	The main problem with the dominant social construction of dropping out is the assumption that it is the burden of schools to socialize adolescents and prevent delinquency and dependency. There is nothing wrong, with socialization being a part of schools` purposes. However, it is ahistorical to believe that high schools are the appropriate place to prevent social chaos. After all, attendance and high school graduation have increased or at least remained very high for teenagers while homicide rates have risen over the past several decades. While national rates of school attendance may mask some severe problems in cities, it is certainly true that more sixteen- and seventeen - year-olds in what are euphemistically called inner cities attend school than was the case with teenagers in cities 100 or even fifty years ago. Yet we (quite reasonably) conclude that teenagers are more likely to be violent with tragic results now than in the past.

SCHOOL CREATES DEPENDENCE AND IT CANNOT SOLVE POVERTY OR VIOLENCE

Sherman Dorn, Assistant Professor of Special Education at Peabody College of Vanderbilt University, 1996; CREATING THE DROPOUT: AN INSTITUTIONAL AND SOCIAL HISTORY OF SCHOOL FAILURE, EE2000-hxm p. 5
	What is wrong is the assumption that some institution has to reform the poor. That is a common presumption as institutions have taken over the care of those outside the labor market. High schools are a special type of warehousing institution because they are attached to age-related expectations, or age norms. We use high schools as part of our justification for why certain people are not working and are dependent. Teenagers are in school, supposedly to prepare for jobs and adult life. Older people are retiring, supposedly to enjoy later years in life. The assumed functions of high schools ease our minds about dependency and appeal to us with the notion that these institutions will take care of dependency, prevent delinquency and urban chaos, and so forth. The truth of the matter is that twelve or more years of schooling is itself a rationalized form of dependency in our society, and schooling cannot solve the real problems poor people face, including violence.

THERE MUST BE BROAD SOCIAL CHANGE IN ADDITION TO EDUCATIONAL CHANGE IN ORDER TO SOLVE

Herman H. Frese, no qualifications given, 1972; DESCHOOLING, ``Permanent Education-Dream or Nightmare?, ``edited by Ian Lister, ----EE2000-hxm p. 23
	The essence of the analysis is that a change in the educational system will affect the social system. Change always creates resistance. If only the educational system is involved and the basic values and structure of the social system are left relatively unharmed the resistance still is considerable. The introduction of the large scale educational systems resulting from the systematic application of present educational technology provides an example. Even they, however, put the social system to the test by redistributing the power of knowledge, for instance. Still they tend to improve and refine the educational functions of a given social system.

THE PROBLEM IS NOT DROPPING OUT; IT IS SOCIAL INEQUALITY

Sherman Dorn, Assistant Professor of Special Education at Peabody College of Vanderbilt University, 1996; CREATING THE DROPOUT: AN INSTITUTIONAL AND SOCIAL HISTORY OF SCHOOL FAILURE, EE2000-hxm p. 140
	It is important to track graduation statistics as a measure of schooling equality, if not for the absolute level of graduation in a society. The historical evidence suggests that poverty has remained a sizable disadvantage in completing high school, beyond what may be associated with the prior generation`s education, family size, nativity, and the person`s sex. The crime is not that fewer than 90 percent of students graduate, but that household income and property ownership still provide an advantage in education. Because of residential segregation by both race and class, differences will show up among schools and school systems. For this reason, dropout and graduation statistics (if collected appropriately by age, an important caveat) can still be one measure of how well schools educate everyone.

FAMILY BACKGROUND IS THE MOST IMPORTANT FACTOR IN ACADEMIC ACHIEVEMENT, AND SCHOOLS CANNOT DO ANYTHING ABOUT IT

IT IS A FANTASY TO THINK THAT SCHOOLS CAN EQUALIZE FOR STUDENT BACKGROUNDS

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000
	Is anything short of equal outcomes unacceptable? Are equal outcomes within reach? No matter how much schools improve, it is fantasy to expect classrooms whose students have parents that did not graduate from high school to achieve the same fourth grade reading scores as those classrooms where the parents are college graduates. No doubt many readers of this book who were fortunate enough to have college educations never expected it was the job of their children`s schools to get them ready to read.

FAMILY BACKGROUND IS THE KEY DETERMINANT OF SUCCESS IN ACADEMIC ACHIEVEMENT

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	Empirical research suggests that family background is a key determinant of success. See Chubb & Moe, supra note 16, at 14-15 (citing a landmark study, Equality of Educational Opportunity, which offered empirical evidence to support that ``academic performance was determined almost entirely by background characteristics of students and their peers and hardly at all by characteristics of the schools``); Lieberman, supra note 15, at 331. 

THE MOST IMPORTANT FACTOR IN ACADEMIC ACHIEVEMENT IS FAMILY INCOME

Tony Schwartz, author of ``What Really Matters``The New York Times January 10, 1999: Section 6; Page 30; HEADLINE: The Test Under Stress  // acs-VT2000
	The strongest correlation that exists to future success is family income. This should come as no surprise. Children who grow up in more affluent or highly educated families enjoy advantages that begin at birth with a more intellectually stimulating environment. They go on to attend better schools, enjoy more cultural opportunities and travel more widely. Their parents also have the educational background and resources to help them along the way and to expose them to a culture of high expectations and high achievement. Inequality is everywhere built into the educational system, not least that legacies -- applicants whose parents attended a particular selective college -- have a substantially better chance of admission to that college than nonlegacies with comparable credentials. S.A.T. coaching is finally just another privilege of privilege. 

FAMILY BACKGROUND IS THE MOST IMPORTANT DETERMINATE OF ACADEMIC ACHIEVEMENT

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.101
	THE STRONGEST and most consistent finding in research on student achievement is that family background is a major influence, perhaps even a decisive one.` It is a major influence in the home, where parents establish basic educational values and scholastic work habits. It may be a significant influence on inherited intelligence. It is also an influence at school, where children bring their values and habits and spread them among other children. By comparison, the influence that schools have on student achievement has often appeared weak. Indeed, researchers have generally been unable to establish a statistically significant relationship between student achievement and any of the school characteristics that are often thought important: teacher-pupil ratios, teacher education, teacher salaries, and per pupil expenditures. This should come as no great surprise. Over the last two decades, as school performance has deteriorated and stagnated, per pupil spending on schools has increased nearly 100 percent after inflation, class sizes have shrunk more than 20 percent, and most teachers have acquired master`s degrees.` The influence of family background appears to have overwhelmed everything else.

SCHOOLS ARE RESISTANT TO ABOLISHING THEIR INEQUITIES

Michael Huberman, professor of pedagogy at the University of Geneva, 1974; DESCHOOLING, ``Learning, Democratizing and Deschooling,`` edited by Ian Lister, EE2000-hxm p. 49
	This brings us to some brutal conclusions. First the school itself in its present mode of functioning does not seem able or willing to eliminate the inequalities between children which exist before entry to school. Schools seem to be part of the problem, not part of the solution. Or, as Pestalozzi wrote long ago edu cation is the staircase in the house of injustice. This suggests the obvious: that the school is essentially a social microcosm which will reproduce the qualities and inequalities of the surrounding social environment. Schools tend to bring little influence to bear on a child`s achievement that is independent of his social background. Or, put differently, we should not expect the schools to carry the burden of redressing inequalities which result from unemployment, malnutrition, poor housing conditions and an unequal distribution of income among different social groups. 
CHANGING SCHOOLS CAN NOT SOLVE PROBLEMS-SCHOOL IS TOO LATE EARLY GOVERNMENT ACTION IS THE ANSWER

SCHOOLS CANNOT CHANGE THE SELF-IDENTITY WHICH YOUNG PEOPLE HAVE

SELF IDENTITY REFLECTS VIEWS BY OTHERS

Loretta J. Brunious, 1998, ``HOW BLACK ADOLESCENTS SOCIALLY CONSTRUCT REALITY`` EE-2000 // GJL p. 97-98
	In other words, not only do these children develop their identity in and through the school experience-which includes but-is not limited to their interactions with each other, their administrators, teachers and others in the milieu-but also the subsequent reflection back to them of themselves as worthy, teachable, educable, etc., or not, becomes one of the greatest determining factors in their success or failure in the process of education. How do these children, then, view their school experience? How do their actions abet the social construction of their identity? Do these children perceive school as necessary for their needs? Is it sufficient to meet them?

AMERICAN PERCEPTION OF BEAUTY AND POLITICS OF SKIN COLOR SHAPE IDENTITY

Loretta J. Brunious, 1998, ``HOW BLACK ADOLESCENTS SOCIALLY CONSTRUCT REALITY`` EE-2000 // GJL p. 145
	Brahnam (1994) contends that the preoccupations with and perceptions of beauty and status also have to do with living in ``white`` America. Expressions such as ``coffee will make you black`` or ``I don`t want nothing black but a Cadillac,`` handed down from generation to generation (Sinclair, 1994), are also part of the African-American heritage, following the same normal process of other linguistic expressions. What is unusual about both the norms of beauty and its languaging is the devastating effects they have had on an entire segment of the American population. The negative effects are apparent and far-reaching in the construction of individual identity, for these, single, powerful ideas, norms, and even linguistic cliches do not occur singly. Instead, one attribute or another is magnified, and this attracts other possible, defining fanciful, and likely nonexistent ``markers`` which blind us to the finer discriminations we would otherwise make in an individual. Russell and others (1992) argue that t he politics of skin color has had a profound impact on black identity in complex and unpredictable ways. In black children this awareness occurs between the ages of three and five. Recent research attests to the unconscious self-hatred which these norms of beauty and language (Seymour, 1992) generate in black children.

GHETTO SHAPES PERCEPTION OF SELF THROUGH TERROR AND VIOLENCE AS A SURVIVAL MECHANISM

Loretta J. Brunious, 1998 , ``HOW BLACK ADOLESCENTS SOCIALLY CONSTRUCT REALITY`` EE-2000 // GJL P. 137-38
	Tom and his classmates live in constant fear for their safety. Their `identities, their sense of self, of their peers, of those in authority, of the systems in which they live are all forged in and through these inner and outer experiences. This, for Kotlowitz (1991), is the persistent reality historically thrust upon them by resolute facets o f  society:
By the time they enter adolescence, they have contended with more terror than most of us confront in a lifetime. They have made choices that most experienced adults would find difficult. They have lived with fear and witnessed death. Some of them have lashed out. They have joined gangs, sold drugs, and in some cases inflicted pain on others. But they have also played basketball and gone on dates and shot marbles and kept diaries. For despite all they have done and seen, they are-and we must constantly remind ourselves of this-still children (p. 1).
	The happiness,  sadness, fears, and apprehensions of safety experienced by the children are created by social processes. This identity constructed from these social processes for each child and once crystallized, is maintained, modified, or even shaped by social relations (Burger and Luckmann, 1966). For black, disadvantaged adolescents this identity and perception of self becomes melded within an environment restricted by poverty and violence, and their very survival depends upon adaptability. The behavioral patterns they must develop in this environment are usually so confined and inflexible that the children find it almost impossible to expand their limited concept of the larger social order (Wilson, 1978).

POPULAR CULTURE AND MEDIA CONSTRUCT PERCEPTION OF SELF AND OTHERS

Loretta J. Brunious, 1998, ``HOW BLACK ADOLESCENTS SOCIALLY CONSTRUCT REALITY`` EE-2000 // GJL p. 35-36
	The ghetto blemished by poverty and isolated from the nucleus of the inner city is congruent with these adolescent perceptions of space, created by the limitation of their environment. The construction of the city is an important factor to consider in the constructed reality of black disadvantaged children. Familiarization with territories is critical to survival for children reared in poverty.
	Representation based on constructed, consumed images and space is critical in the social construction of reality and identity among disadvantaged black adolescents. Perception of self and others` perception of one are decisive factors in black children`s creation of self. In addition, popular culture and media present an integral role in the development of constructed images and perception of self.

RUINED BY TERRIBLE MIDDLE SCHOOLS, STUDENTS DO NOT WANT TO LEARN AND WILL NOT GET BETTER JOBS IF THEY DO

MIDDLE SCHOOLS HAVE BEEN AN ABSOLUTE FAILURE, CAUSING AN ACTUAL ACADEMIC DECLINE IN ACHIEVEMENT

Tamara Henry, USA TODAY, February 23, 1998; Pg. 4D HEADLINE: Higher achievement means setting standards early  // acs-VT2000
	 Q. Why don`t you think middle schools work? 
Mark Tucker, president of the National Center on Education and the  Economy:
 A. I think the evidence on that is pretty strong. What the data  show is that, on average, there is a steady increase in academic  achievement through the elementary school years, then it flattens  out or even in some cases declines in the middle school years  and picks up again in high school. That`s not an institution any  of us would choose to put our kids in if we had a choice. From  the standpoint of a lot of teachers and observers, the middle  school lacks the warmth of the elementary school and lacks the  academic rigor of the high school. You`ve got the worst of both  possible worlds.

----------------------------------------------------

EVEN IF ACADEMIC ACHIEVEMENT IN LOW PERFORMING SCHOOLS IMPROVES, IT WILL STILL BE INSUFFICIENT TO GET STUDENTS INTO WORTHWHILE JOBS

Richard J Murnane & Frank Levy, Federal Reserve Bank of New York Economic Policy Review , March, 1998; Pg. 117 HEADLINE: Standards, Information, and the demand for student achievement // acs-VT2000
	It is easy to understand the satisfaction of parents who see their children learning more than they did in urban public schools. Indeed, this comparison with public school student performance provides a rationale for further experimentation with choice programs for low-income families. Yet it is important to keep in mind that by the standard of the skills needed to earn a middle-class income in a changing economy, the achievement of children in the Milwaukee choice schools is extremely low. Without dramatic improvements in achievement, children participating in the choice schools--even though they may leave school with higher achievement levels than children graduating from Milwaukee public schools--will still lack the skills to thrive in a changing economy. 

TRUANCY RATES MEAN THE STUDENTS YOU NEED TO REACH THE MOST WILL NOT BE IN SCHOOL THAT DAY

TRUANCY PROBLEMS ARE MOST APPARENT AT THE HIGH SCHOOL LEVEL

JAMES HEANEY; News Staff Reporter, June 8, 1998, The Buffalo News, Pg. 4A HEADLINE: ATTENDANCE PROBLEM IS ACADEMIC: YOU CANNOT LEARN IF YOU`RE;  NOT THERE  // acs-VT2000
	Attendance is much less of a concern at the elementary level, where the average daily absence rate is 7.7 percent. Only 2.7 percent of elementary students are tardy on an average day. 
``The youngsters at that age do as they`re told. At the high school level, the kids are on their own,`` said Maxine Hare, the district`s supervisor of attendance. 

TRUANCY IS A SERIOUS PROBLEM

JAMES HEANEY; News Staff Reporter, June 8, 1998, The Buffalo News, Pg. 4A HEADLINE: ATTENDANCE PROBLEM IS ACADEMIC: YOU CANNOT LEARN IF YOU`RE;  NOT THERE  // acs-VT2000
	Overall, 13.7 percent of [Buffalo, NY] high school students miss school daily -- that`s roughly 1,650 kids. Another 7.7 percent, or 930 students, show up late. 
``It`s getting worse, definitely getting worse,`` said veteran attendance teacher John Holenski, who divides his time between Burgard and three elementary schools. 

TRUANCY HAS MANY DIFFERENT CAUSES

JAMES HEANEY; News Staff Reporter, June 8, 1998, The Buffalo News, Pg. 4A HEADLINE: ATTENDANCE PROBLEM IS ACADEMIC: YOU CANNOT LEARN IF YOU`RE;  NOT THERE  // acs-VT2000
	Officials express frustration with the scope of the problem in the higher grades. 
``I don`t think there`s any one problem, and that`s where the problem comes in. There`s so many problems,`` Holenski said. 

TRUANCY CAUSED BY LACK OF DISCIPLINE IN THE HOME

JAMES HEANEY; News Staff Reporter, June 8, 1998, The Buffalo News, Pg. 4A HEADLINE: ATTENDANCE PROBLEM IS ACADEMIC: YOU CANNOT LEARN IF YOU`RE;  NOT THERE  // acs-VT2000
	The attitude of some students is a primary problem. 
``I think some of it can be attributed to a lack of discipline in the home,`` Mrs. Hare said. ``Young people are just doing their own thing. Many have to discipline themselves to get up and get to the corner on time, and many of them just don`t do it.`` 

EVERYTHING ABOUT OUR CURRENT APPROACH TO EDUCATION HAS TO BE RETHOUGHT -- LEARNING, INSTRUCTION, AGE-SPECIFICITY

MOST LEARNING IS NOT THE RESULT OF INSTRUCTION

Ivan Illich, professor at Claremont University, 1974; DESCHOOLING, ``Schooling: the Ritual of Progress,`` edited by Ian Lister, EE2000 - hxm p. 65
	In fact, learning is the human activity which least needs manipulation by others. Most learning is not the result of instruction. It is rather the result of unhampered participation in a meaningful setting. Most people learn best by being `with it`, yet school makes them identify their personal, cognitive growth with elaborate planning and manipulation.

WE MUST RETHINK HOW WE TEACH

William G. Cunningham, staff writer, September/October 1997; HIGH SCHOOL MAGAZINE,``Are you ready for 21st century schools?,`` EE2000--hxm p. 32
	As some researchers have pointed out, however, it is unlikely that capacity building efforts alone will have a lasting impact on teaching and learning unless educators also provide a strong vision of what effective twenty-first century schools should be. The challenge is to entirely rethink what we provide our students in a world that has undergone and continues to undergo significant transformation. Too often practitioners and policymakers have been limited in their ability to do this because the sequential, compartmentalized, abstract, rote learning factory model of education is so profoundly embedded in their minds. Educational observers ask us, ``How can you expect different results in the classroom when you keep doing the same things?`` We can`t.

ACADEMIC COMPETENCE FADES, SCHOOLS ARE ONLY THE BEGINNING

DONALD WARREN, PROF OF EDUCATION, INDIANA UNIVERSITY, MAY 7, 1998, Federal News Service HEADLINE: PREPARED STATEMENT BEFORE THE SENATE COMMITTEE ON LABOR AND HUMAN RESOURCES // acs-VT2000
	The report confirms that academic competence is not acquired for life. However rigorous the curriculum, high school graduates who do not exercise their mental abilities on the job find the skills atrophying. The report thus adds employers, managers, and supervisors to the cast of those needed to promote high levels of academic attainment in our society. For those of us advocating elevated educational standards in schools, the findings sound a call. Beyond meeting expectations in subject matter knowledge, confirmed by test scores and graduation requirements, students entering the work force from high school apparently need job performance skills that include a sharpened intellectual curiosity, problem-solving proficiencies, and a rather fundamental love of learning to equip them for lifelong education. 

TEACHER SHORTAGE DOOMS AFFIRMATIVE SOLVENCY

THERE IS A SEVERE TEACHER SHORTAGE

DONALD WARREN, PROF OF EDUCATION, INDIANA UNIVERSITY, MAY 7, 1998, Federal News Service HEADLINE: PREPARED STATEMENT BEFORE THE SENATE COMMITTEE ON LABOR AND HUMAN RESOURCES // acs-VT2000
	We also need more teachers, and we face the difficult task of drawing them into the profession at the same time that we raise the standards of their initial and continuing preparation. Burgeoning enrollments in schools and teacher retirement rates combine to increase pressures on teacher education in several states to meet the demand. Absolute shortages exist in established fields from prekindergarten through high school levels, and new specialties have emerged, e.g., bilingual teachers in mathematics and the sciences and teachers with expertise in applying technology in their classrooms. These varying local and state conditions require innovation and initiative by schools and teacher education programs, typically working together as partners.

NOT JUST ANYONE CAN TEACH, IT TAKES SPECIAL TRAINING AND ABILITIES

Gary K. Hart, director of the Institute, for Education Reform for the California State University system, May 20, 1998, Los Angeles Times; Part B; Page 2; HEADLINE: EDUCATION / AN EXPLORATION OF IDEAS, ISSUES AND TRENDS IN EDUCATION // acs-VT2000
	After The Times` series, any thoughtful reader should be disabused of the notion that ``anyone can teach.`` The ethnic and language diversity and the high rate of children who live in poverty and come from dysfunctional families make teaching a very challenging profession. Our children deserve more than teachers who enter the classroom ``nearly as easily as getting a job at McDonald`s.`` 

IMPORTANCE OF TEACHERS IN EDUCATIONAL SYSTEM IS SUPREME -- POSITIVE CHANGE MUST INCLUDE A LARGE SUPPLY OF QUALIFIED TEACHERS

C. ELLNER, DEAN OF THE GRADUATE SCHOOL OF EDUCATION AT CALIFORNIA STATE UNIVERSITY, 1992, FROM ``HOW DO WE GET THE GRADUATES WE WANT`` ATTRACTING, PREPARING, AND RETAINING HIGH-QUALITY TEACHERS EE2000 FM PP65
	Despite the efforts of some textbook companies and curriculum manufacturers to downplay the importance of teachers by developing so-called teacher-proof materials, the single most important person in the educational system is the teacher. It is the teacher who stimulates and supports students who are brilliant as well as those who are learning at a different pace. It is the good teacher who is the key ingredient in the good school.
	It is imperative that there be a supply of high-quality teachers to provide for the increasing number of diverse pupils entering the nation`s schools. Most researchers agree that at least 850,000 new teachers are needed in the United States within this .

LOW STATUS OF TEACHERS IS NOT THE PROBLEM, IT IS THE LOW STATUS OF SCHOOLS AS AN INSTITUTION CREATED BY MARKET FORCES

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 11-12
	In Chapter 9, I argue that the issue of status is central to the problems facing education schools and teacher education in the United States. That is, in spite of what some critics have suggested, the lowly status of these institutions is not a simple reflection of the purportedly low quality of professional preparation it offers. Rather, I argue, this status is a primary cause of the kinds of failure that teacher education has experienced over the years. In particular, I explore the way in which the status of teacher education has been shaped by the workings of the market. It is my contention that market forces over the past one hundred fifty years have assigned teacher education to a position of meager prestige a nd influence and forced it to adopt frequently counterproductive practices. 

SHIFTING OUR PARADIGM REQUIRES HIGHLY SKILLED PRINCIPLES AND TEACHERS

William G. Cunningham, staff writer, September/October 1997; HIGH SCHOOL MAGAZINE,``Are you ready for 21st century schools?,`` EE2000--hxm p. 33
	Shifting to the new paradigm of teaching and learning requires highly skilled principals and teachers. Modern pedagogy is a much more complex process requiring a delicate and insightful type of teaching. Schools must establish guidelines while allowing students to pursue personal interests and build their own curriculum. The role of teachers and administrators is to establish a learning community where interactive, generative, and collaborative study can occur.

TEACHER OPPOSITION DOOMS AFFIRMATIVE SOLVENCY

FAILING TO INVOLVE THE FACULTY IN THE MAKING UP OF THE POLICY WILL CAUSE THEM TO RESIST THE CHANGE

Donna E. Muncey and Patrick J. McQuillan, 1996; REFORM AND RESISTANCE IN SCHOOLS AND CLASSROOMS: AN ETHNOGRAPHIC VIEW OF THE COALITION OF ESSENTIAL SCHOOLS, EE2000-hxm p. 283
	Yet it would seem that awareness and careful monitoring of people`s perceptions about change represent important elements of the process. Unless faculty members and administrators establish a working consensus about the need for change, the goals of their reform efforts, the specific forms that change will take, and how they will work to realize this shared vision, individuals tend to become vested in their own views of their school`s reform effort and change in general. When the takenfor-granted was under examination and some portion of the faculty was not embracing, encouraging, or participating in the discussion, these people often felt threatened professionally and acted somewhat in concert to resist aspects of the reform agenda.

REFORMS WHICH COME DOWN FROM THE TOP WILL NOT BE IMPLEMENTED BY CLASSROOM TEACHERS

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 179
	Reforms directed from the top of the system` rarely foster the classroom-level or school-level commitment essential to making change work.` Instead, efforts to reform schools from the top tend to be hobbled by vague conceptions of how teaching and learning will be improved by the initiative:
Changes are often not explicitly connected to fundamental changes in the way knowledge is constructed, nor to the division of responsibility between teacher and student.... Schools, then, might be ``changing`` all the time ... and never change in any fundamental way what teachers and students actually do when they are together in the classroom.

BURNED BY PREVIOUS REFORMS, STAFF MEMBERS WILL NOT COOPERATE WITH THE AFFIRMATIVE PLAN

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 P. 179
	Rapid leadership turnover and the constant search for new solutions have meant that ``commitments to programs of ex-superintendents dry up and the programs are abandoned.`` As a result, ``staff become disillusioned and resist further change.`` The problem has not been that ``nothing ever changes,`` but that too much change is being pursued too often.

NO SCHOOL IMPROVEMENTS BY FIATING TOP-DOWN SOLUTIONS

Robert Sinclair, Professor of Education at Texas A&M University of Massachusetts in Amherst, Massachusetts, Director of the National Coalition for Equality in Learning, 1997. REACHING AND TEACHING ALL CHILDREN Grassroots efforts that work.// GJL p. 3
	This trend to criticize schools and then strip them of the power to transform themselves is contradictory to the goal of extending academic excellence more broadly. We are finding that lasting change cannot be accomplished in a top-down manner, mandated by distant leaders who drop in occasionally from the cumulus clouds to do their dirty laundry. Instead, the values that drive grassroots improvement efforts derive from a desire to work in a way that is consistent with the mission of public schools in a democracy and responsive to the reality that persists in local schools. For public schools to be the workshops where democracy is renewed as a vision for each generation, the efforts to help schools become even more effective must reflect the democratic values desired. We do not think reform policies imposed from a distance by fiat will result in school improvements that make the educational enviroment more democratic. Nor do we think it is possible for an autocratic school to prepare young people for constructive participation in our democracy. Let us now consider four democratic values that we believe will serve as guides for creating public schools that we find effective in helping all children of all families fulfill their life`s potential.

THE PLAN MUST INCLUDE EDUCATORS IN POLICY FRAMING IN ORDER TO SOLVE

Clarence N. Stone, professor of government and politics at the University of Maryland, 1998; CHANGING URBAN EDUCATION, ``Introduction: Urban Education in Political Context,`` EE2000-hxm p. 15
	In school improvement it is imperative that the coalition include educators. Their know-how and their control over operational detail make them essential partners in efforts to improve school performance. Any attempt to organize educational activity around increased academic achievement is unlikely, then, to be sustained without enlisting substantial cooperation from teachers and administrators. Thus civic capacity in education should never be thought of as a coalition of outsiders exerting pressure on the school system.

TEACHER CERTIFICATION AND STANDARDS WILL NOT BE EFFECTIVE

CERTIFICATION SCREENS GOOD TEACHERS OUT OF THE SELECTION PROCESS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.146
	Cerfiffication raises problems not just because it fails to screen out the mediocre and the bad. It also raises problems because it sets up formidable barriers to entry that keep many excellent prospects out of the job pool. People who are well educated, bright, enthusiastic, creative, and good with children cannot simply pursue a latent interest in teaching by giving it a try. Nor can talented people already working in other lines of endeavor shift into teaching, or perhaps move in and out of it, as they might other jobs. Instead, potential teachers are asked by the state to foreclose other options, make a substantial investment of time and resources, and jump through formal hoops. American society is full of people who could make excellent teachers, but burdensome certification requirements are the best way to ensure that most of them never teach.

TEACHER CERTIFICATION AGGRAVATES THE PROBLEMS IT INTENDS TO SOLVE

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.196
	In some states, teacher ``shortages``-which these barriers to entry, of course, help cause-have prompted public officials to relax certification rules a bit, allowing for the hiring of uncertified people on temporary or emergency bases, for programs that enable on-the-job training, and for outof-field placement.`` These are promising developments, but they are little more than a chink in the bureaucratic armor. The conventional democratic response to the effectiveness problem has been to ``strengthen`` certification requirements-adding to the bureaucratization of teaching and exacerbating a host of already serious problems that threaten in the aggregate to stifle teacher quality instead of raising it.

FORMAL TEACHING CREDENTIALS, SALARY, AND TEST SCORES DO NOT IMPROVE ACADEMIC ACHIEVEMENT

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.86

Not surprisingly, research on effective and ineffective schools has more to say about teachers than about any other topic. Teachers, after all, do the teaching that determines whether students learn. What is surprising, however, is that research has found little to say about many of the qualities of teachers and teaching that reformers have long thought important. In particular, relatively little is said about the educational credentials of teachers, about how teachers score on competency tests, or about how much teachers are paid. Formal qualities such as these do not seem to make a significant difference for academic performance. 

NATIONAL TEACHER BOARD WOULD FAIL, IT IS TOO ENTRENCHED IN STATUS QUO MEANS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.205
	The proposal for a national standards board has more to recommend it. Its great advantage is that it is voluntary, providing information about teacher quality without putting public authority behind a new bureaucracy to control entry. But there are several very serious drawbacks here. First, no certification scheme, especially not a national one, can possibly provide much valid information on the quality of an individual`s teaching; assessments will inevitably rely too heavily on standard formal measures and too little on school-level discretionary judgment. Second, voluntary national credentialing would doubtless become cloaked in public authority anyway, as states, districts, and collective bargaining agreements make board certification a requirement for increased pay and educational responsibilities. It would be voluntary only in the sense that it would not constitute a legal barrier to entry. It would, on the other hand, become a legal barrier to career advancement. Third, credentialing by a national board would, in the end, create yet another bureaucracy that teachers and schools would have to contend with in doing their jobs. Making it private or voluntary or teacher controlled does not change its essentially bureaucratic approach to the problem of teacher quality and professionalism. And fourth, this board would be strongly influenced and perhaps dominated by the National Education Association and the American Federation of Teachers, adding to their already stifling hold on educational personnel.

PROFESSIONAL EDUCATION CERTIFICATION AND GRADUATE EDUCATION DEGREES DO NOT GUARANTEE BETTER TEACHERS

Sol Stern, staff writer, Winter, 1999; City Journal; Pg. 14-25 HEADLINE: ``The Schools That Vouchers Built`` // acs-VT2000
 [Voucher schools in Milwaukee & Cleveland]
	Like the other voucher schools I visited, Hope Central Academy was living proof that professional education certification and graduate education degrees are not synonymous with better educators.

FEDERAL TEACHER STANDARDS AND BONDING WILL ONLY EXACERBATE THE PROBLEMS

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	Nobody can quite explain why federal funding is necessary for them to cooperate. They are all supposed to be improving teacher training in the first place. Nor is it clear that anything real will result from their newly subsidized bonding. Will teachers be tested on more difficult material? Will schools of education be held accountable for producing teachers who know their stuff? Will students learn more? No one can be sure, since the stated mission of the program is simply to encourage institutions to hook up with one another. What is certain is that teacher training colleges and other pillars of the education establishment will reap added financial benefits. The traditional monopoly will be strengthened, and the teacher quality problem, far from being solved, will likely be exacerbated. 

TEACHER RECRUITING EFFORTS WILL FAIL

PROGRAMS TO RECRUIT NEW TEACHERS FAIL BECAUSE THEY SOON QUIT AND LEAVE TEACHING

RICHARD M. INGERSOLL,  ASSISTANT PROFESSOR, UNIVERSITY OF GEORGIA, FEBRUARY 24, 1998, Federal News Service HEADLINE: HOUSE EDUCATION AND THE WORKFORCE COMMITTEE  SUBCOMMITTEE ON EARLY CHILDHOOD, YOUTH AND FAMILIES // acs-VT2000
	In contrast, the high rates of teacher turnover that plague schools, teachers report, are far more often a result of two related causes: teachers seeking to better their careers and/or teachers dissatisfied with teaching as a career (see Figure 3).  The implications of this for reform are important. Initiatives and programs, designed to recruit new candidates into teaching, while worthwhile in many ways, alone, will not solve the problem of underqualified teachers in classrooms if they do not also address the factor which, the data suggest, does lead to severe staffing inadequacies in schools: too little teacher retention. In short, recruiting more teachers will help little if large numbers of such teachers then leave.  The data show. understandably enough, that low salaries, rampant student discipline problems, and little faculty input into school decisionmaking all contribute to high rates of teacher turnover.

LOW STATUS AND STANDING OF TEACHING HAS CAUSED POOR RECRUITMENT AND RETENTION OF TEACHERS, RESULTING IN WIDESPREAD OUT OF FIELD TEACHING

RICHARD M. INGERSOLL,  ASSISTANT PROFESSOR, UNIVERSITY OF GEORGIA, FEBRUARY 24, 1998, Federal News Service HEADLINE: HOUSE EDUCATION AND THE WORKFORCE COMMITTEE  SUBCOMMITTEE ON EARLY CHILDHOOD, YOUTH AND FAMILIES // acs-VT2000
	It is the low status and standing of teaching, exemplified by a lack of respect for the complexity and importance of the job of teaching, that has resulted, I believe, in what the data tell us - that teaching is plagued by problems of both recruitment and retention and that out- of field teaching is not simply an emergency condition, but a common practice in the majority of secondary schools in this country. 

TEACHER STANDARDS WILL BE SUBJECTIVE AND DISCRIMINATORY

WHAT ``GOOD TEACHING`` CONSISTS OF IS LARGELY SUBJECTIVE AND CANNOT BE DETERMINED BY SCHOOL SYSTEMS

Eleanor Dougherty, Lecturer, Georgetown University, Fall, 1998; Virginia Journal of Social Policy & the Law GETTING BEYOND POLICY: SCHOOL REFORM IN PRACTICE // acs-VT2000
	Lacking sufficient political will, the magnitude of the challenge to change teaching practices and to be able to provide well-trained, effective teachers to schools could keep school reform stuck at the policy stage. In part, because what good teaching is and what good teaching looks like are very subjective, it is difficult for schools, school boards, and central offices to determine what needs to be done to deliver that promise. 

HIGHER STANDARDS WILL SCREEN OUT MANY MINORITY TEACHERS

Judith A. Monsaas, Board of Regents, University System of Georgia; Fall, 1998; Virginia Journal of Social Policy & the Law GEORGIA P-16 INITIATIVE: CREATING CHANGE THROUGH HIGHER STANDARDS FOR STUDENTS AND TEACHERS // acs-VT2000
	While the desirable outcome of raised standards for teachers is higher quality teachers in the classroom and increased achievement of students, raising standards for teachers may have some undesirable short-term outcomes. Poor and minority students, who traditionally have not been as well prepared for college, may find it more difficult to meet requirements for teacher preparation programs, e.g., coursework that includes the equivalent of a mathematics minor for early childhood teachers. This may lead to fewer minorities entering teaching. 

TEACHER DEVELOPMENT IS NOT ENOUGH -- YOU HAVE TO CHANGE THE REST OF THE SCHOOL SYSTEM AS WELL

TEACHER DEVELOPMENT BY ITSELF IS NOT ENOUGH -- YOU ALSO NEED TO DEVELOP THE OTHER ELEMENTS OF THE SCHOOL SYSTEM

Eleanor Dougherty, Lecturer, Georgetown University, Fall, 1998; Virginia Journal of Social Policy & the Law GETTING BEYOND POLICY: SCHOOL REFORM IN PRACTICE // acs-VT2000
	The Education Trust has funded teacher development for years through federal, state, and local grants, but teacher development is not enough to address the systemic challenge of changing schools. We also need to retrain principals, curriculum developers, superintendents, and administrators that make decisions about budgets, resources, and practices. Elmore criticizes earlier attempts at large-scale improvement for relying primarily on highly motivated, talented, and committed teachers to bear the burden of reform.

WE CANNOT CHANGE THE NATURE OF TEACHERS AND HOW THEY TEACH WITHOUT CHANGING THE BROADER STRUCTURE OF THE EDUCATION INSTITUTION

Ian Lister, Department of Education at the University of York
(England), 1974; DESCHOOLING, ``The Challenge of Deschooling,``EE2000-hxm p. 5
	The dilemma of `the progressive teacher` is that the teacher is asked to be a political educator, but in a particular sense: he is asked to disseminate consensus values but forbidden to disseminate partisan values. 3 4 The problem for socialist teachers who believe-that the answer to present problems is to `produce` socialist teachers is that this analysis applies to them as well as to anyone else. At a time when the language of cycling teachers (the James Report in England and Wales) and recycling people (the USA) is current in discussions about professional training, the question arises whether the `production` of a different kind of teacher is possible without a radical alteration of the structures within which teachers are `produced.`

 OUT OF FIELD TEACHING IS WIDESPREAD

NUMEROUS STUDIES SHOW THAT OUT OF FIELD TEACHING IS WIDESPREAD

RICHARD M. INGERSOLL,  ASSISTANT PROFESSOR, UNIVERSITY OF GEORGIA, FEBRUARY 24, 1998, Federal News Service HEADLINE: HOUSE EDUCATION AND THE WORKFORCE COMMITTEE  SUBCOMMITTEE ON EARLY CHILDHOOD, YOUTH AND FAMILIES // acs-VT2000
	The findings of this research have been shocking, and as a result, have been featured in a number of major education policy reports and commissions, and widely reported and commented upon in the national media. They have, moreover, been replicated; other researchers have conducted statistical analyses of the various independent cycles of NCES` Schools and Staffing Survey and have found similar results. [widespread out of field teaching]

NEWLY HIRED TEACHERS ARE MOST OFTEN ASKED TO TEACH IN AN AREA WHICH THEY HAVE NOT BEEN PREPARED IN

RICHARD M. INGERSOLL,  ASSISTANT PROFESSOR, UNIVERSITY OF GEORGIA, FEBRUARY 24, 1998, Federal News Service HEADLINE: HOUSE EDUCATION AND THE WORKFORCE COMMITTEE  SUBCOMMITTEE ON EARLY CHILDHOOD, YOUTH AND FAMILIES // acs-VT2000
	Out-of-field teaching also greatly varies across schools, teachers, and classrooms. For instance, recently hired teachers are more often assigned to teach subjects which do not match their training, than are more experienced teachers. Low-income public schools have higher levels of out-of-field teaching than do schools in more affluent communities. 

AFFIRMATIVE CURRICULUM CHANGES WILL INCREASE OUT OF FIELD TEACHING

TEACHERS ARE ASKED TO TEACH THINGS THEY DO NOT UNDERSTAND WHEN CURRICULUM CHANGES

Eleanor Dougherty, Lecturer, Georgetown University, Fall, 1998; Virginia Journal of Social Policy & the Law GETTING BEYOND POLICY: SCHOOL REFORM IN PRACTICE // acs-VT2000
	As Robert Floden observes: 
    The resulting predicament for teachers is that they are asked to teach content they have never learned. Teachers are expected to help students understand how historical evidence should be evaluated, but those teachers have not typically learned the procedures and criteria for such evaluation. Teachers are asked, in other words, to teach more than they understand. n31   

OUT OF FIELD TEACHING MAKES TEACHER TRAINING IRRELEVANT

TRAINING NEW TEACHERS WILL NOT SOLVE THE REAL PROBLEM -- OUT OF FIELD TEACHING

RICHARD M. INGERSOLL,  ASSISTANT PROFESSOR, UNIVERSITY OF GEORGIA, FEBRUARY 24, 1998, Federal News Service HEADLINE: HOUSE EDUCATION AND THE WORKFORCE COMMITTEE  SUBCOMMITTEE ON EARLY CHILDHOOD, YOUTH AND FAMILIES // acs-VT2000
	However, although insuring that our nation`s classrooms are all staffed with qualified teachers is among the most important issues in our schools, it is also among the least understood. The array of recent efforts to recruit new teachers and to upgrade the training and education of new teachers are often very. worthwhile. But. they alone will not solve the problems of underqualified teachers and poor quality teaching in this country because they do not address some of their key causes.  One of the least recognized of these causes is the phenomenon of out- of-field teaching teachers teaching subjects which do not match their training or education. Recruiting new teachers and requiring more rigorous education and training will not solve the problem if large numbers of such teachers continue to be assigned to teach subjects other than those for which they were trained. 

TEACHER TEST SCORES ARE IRRELEVANT AS LONG AS THEY ARE NOT TRAINED TO TEACH THEIR SUBJECT

Tamara Henry, The Detroit News, May 13, 1999, Pg. C6 HEADLINE: Teachers are smarter than average, new tests show  // acs-VT2000
	Diane Ravitch, a New York University senior research scholar and a former assistant Education secretary, is critical of the study. ``So what if the SAT scores are a little above average? How will the scores help you teach history, math or science?`` 
Ravitch points to an Education Department study that found 38 percent of teachers don`t have an academic degree, but merely a teacher education diploma. The new study, she says, is not ``getting to the core question of whether teachers are prepared in the subjects they are teaching.`` 

TEACHERS ARE WELL TRAINED IN THEIR SPECIALTIES, BUT THEY ARE ASKED TO TEACH IN AREAS THEY HAVE NOT BEEN TRAINED IN

RICHARD M. INGERSOLL,  ASSISTANT PROFESSOR, UNIVERSITY OF GEORGIA, FEBRUARY 24, 1998, Federal News Service HEADLINE: HOUSE EDUCATION AND THE WORKFORCE COMMITTEE  SUBCOMMITTEE ON EARLY CHILDHOOD, YOUTH AND FAMILIES // acs-VT2000
	The source of out-of-field teaching lies not in the amount of education teachers have, but in the lack of fit between teachers` fields of training and their teaching assignments. Many teachers are assigned by their principals to teach classes which do not match their training or education.  The implications of this distinction for reform are important. There is no question that the qualifications of the teaching force can benefit from upgraded education and training requirements. This is the virtue of reforms designed to enhance the training of teachers, and the ongoing efforts by many states to toughen entry criteria, increase academic coursework requirements, enact more stringent certification standards, and increase the use of testing for teachers. However, while very worthwhile, none of these kinds of reforms will eliminate out-of-field teaching assignments and, hence, alone will not solve the problem of underqualified teaching in our nation`s classrooms. In short, mandating more rigorous coursework and certification requirements will help little if large numbers of such teachers continue to be assigned to teach subjects other than those for which they were educated or certified. 

OUT OF FIELD TEACHING DESTROYS ACADEMIC ACHIEVEMENT

OUT OF FIELD TEACHING DESTROYS ACADEMIC ACHIEVEMENT BY STUDENTS

RICHARD M. INGERSOLL,  ASSISTANT PROFESSOR, UNIVERSITY OF GEORGIA, FEBRUARY 24, 1998, Federal News Service HEADLINE: HOUSE EDUCATION AND THE WORKFORCE COMMITTEE  SUBCOMMITTEE ON EARLY CHILDHOOD, YOUTH AND FAMILIES // acs-VT2000
	Moreover, I found that out-of-field teaching is a chronic condition; levels of out-of-field teaching have changed little from the late 1980s to the mid 1990s.  The negative implications of such high levels of out-of-field teaching are obvious. Is it any surprise, for example, that our students` science achievement is so low given, that even at the 12th grade level. 41 percent of public secondary school students in physical science classes are taught by teachers with neither a major nor a minor in either chemistry, physics or earth science?  

INEFFECTIVE TEACHING IS THE MOST IMPORTANT SHORTCOMING IN THE SYSTEM BECAUSE THEY DRAG EVERYTHING ELSE DOWN -- STUDENTS AND CURRICULUM

Eleanor Dougherty, Lecturer, Georgetown University, Fall, 1998; Virginia Journal of Social Policy & the Law GETTING BEYOND POLICY: SCHOOL REFORM IN PRACTICE // acs-VT2000
	In the Education Trust National and State Data Book, the Education Trust documents the clear relationship between low standards, low-level curriculum, under-educated teachers, and poor results. n33 The Education Trust argues further that if states and school districts work hard on these three issues, they can close the achievement gap. n34 Collectively, educators and the public are beginning to understand just how devastating ineffective teaching can be for students, especially low-performing students. 

IT IS IMPOSSIBLE TO ENRICH HIGH SCHOOL CURRICULUMS BECAUSE SCHOOLS ARE NOT ABLE TO OFFER THOSE CLASSES

DONALD WARREN, PROF OF EDUCATION, INDIANA UNIVERSITY, MAY 7, 1998, Federal News Service HEADLINE: PREPARED STATEMENT BEFORE THE SENATE COMMITTEE ON LABOR AND HUMAN RESOURCES // acs-VT2000
	Two reports issued late in 1997 underscore the importance of current efforts to raise the academic achievement of American students and the complexities of doing so. Submitted to the Louisiana legislature, one study examines the initial results of a state plan to provide full college tuition to students who complete advanced work in science, mathematics, foreign language, fine arts, and computer science, among other requirements. The incentive seems to be having desired effects, but officials have learned that almost one-third of Louisiana`s high schools do not offer all the courses students need to qualify for the scholarships. Basic problems have surfaced at the district level: not enough qualified teachers in the specified content areas and insufficient funds to equip laboratories, purchase computers, hire the technical staff required to install and maintain them, and provide teachers with planning time and ongoing professional development, two necessary accompaniments of enriched school-based learning. The findings point to an array of connected difficulties in teacher education, local and state policy, school funding, and even the schedule of classes that educational reform must address. Yet, the intent of the Louisiana legislation rests solidly on research. One of the most effective ways to raise students` academic achievement is to increase their participation in advanced placement and honors courses.  

TEACHER QUALITY IS THE MOST CRITICAL FACTOR IN ACADEMIC ACHIEVEMENT

Eleanor Dougherty, Lecturer, Georgetown University, Fall, 1998; Virginia Journal of Social Policy & the Law GETTING BEYOND POLICY: SCHOOL REFORM IN PRACTICE // acs-VT2000
	Eric Hanushek, an economist, has studied effective and ineffective teaching and has found that quality teaching has the greatest impact on student achievement, regardless of socioeconomic factors. n35 According to research conducted in Tennessee, the performance of fifth-grade students is still affected by the quality of their third-grade teacher. n36 A variety of studies in Texas show similar effects. For example, the average reading scores of a group of Dallas fourth graders who were assigned to three highly effective teachers in a row rose from the fifty-ninth percentile in fourth grade to the seventy-sixth percentile by the end of sixth grade. n37 A fairly similar (but slightly higher achieving) group of students was assigned three consecutive ineffective teachers and fell from the sixtieth percentile in fourth grade to the forty-first percentile by the end of sixth grade. n38 The lesson for administrators, school boards, and communities seems clear: a more qualified teaching force is necessary to close achievement gaps.

TEACHER EXPERTISE IS THE MOST IMPORTANT FACTOR IN STUDENT ACHIEVEMENT

HAMMOND-DARLING, LINDA, DIRECTOR OF NATIONAL COMMISSION ON TEACHING AND AMERICA`S FUTURE, 1997, PRINCIPAL, -PRINCIPALS AND TEACHERS MUST DEVISE NEW STRUCTURES AND STRATEGIES TO MEET THE CHALLENGES OF EDUCATION IN THE 21ST CENTURY`` // EE2000 JMP PG. 6
	The Commission`s  emphasis is -based on its findings that teacher expertise is the single most important determinant of student achievement. Recent studies consistently show that each dollar spent on recruiting high-quality teach ers, and deepening their knowledge and skills, nets greater gains in student learning than any other use of an edu cation dollar (Ferguson 1991; Green wald, Hedges, and Laine 1996). Furthermore, the effects of teacher ex pertise are so strong-and variations in their preparation are so great-that they account for most of the differen tials in achievement among white and minority students.

 SHORTAGE OF TEACHER TIME MAKES THE NEW PROGRAM OF THE AFFIRMATIVE VERY DIFFICULT TO IMPLEMENT

CHANGES IN EDUCATION POLICY PUT ADDITIONAL TIME CONSTRAINTS ON TEACHERS WHICH CAUSES THEM TO RELY ON PRE-REFORM TACTICS

Donna E. Muncey and Patrick J. McQuillan, 1996; REFORM AND RESISTANCE IN SCHOOLS AND CLASSROOMS: AN ETHNOGRAPHIC VIEW OF THE COALITION OF ESSENTIAL SCHOOLS, EE2000-hxm p. 279-80
	 Time for planning and reflecting on change was in short supply and great demand in virtually all our study sites. In school after school, a lack of time consistently created impediments to developing and sustaining individual and schoolwide change. Moreover, this lack of time combined with the continual controversy that surrounded many reform programs and the increased workloads and new expectations teachers faced gradually led to the disillusionment of many reform proponents and to a return to some aspects of previous (pre-reform) practice. In most of our study sites, some who supported school change came to view their reform work as unrealistic and its goals as admirable but, for various reasons, unattainable. Although experimenting at the classroom level generally increased teachers` commitment to Coalition philosophy and school change in general, it also increased teacher workloads. This increase, coupled with the disillusionment many experienced when political controversies erupted, led some participating teachers to return to previous teaching practices or otherwise to disengage from Coalition reform work. In many cases, this was a marked change in the stance of reform proponents who had earlier viewed themselves as revitalized or transformed by participating in reform-related activities.

TEACHERS NEED MORE TIME EACH WEEK TO COLLABORATE FOR THEIR PLANS TO BE SUCCESSFUL

HAMMOND-DARLING, LINDA, DIRECTOR OF NATIONAL COMMISSION ON TEACHING AND AMERICA`S FUTURE, 1997, PRINCIPAL, -PRINCIPALS AND TEACHERS MUST DEVISE NEW STRUCTURES AND STRATEGIES TO MEET THE CHALLENGES OF EDUCATION IN THE 21ST CENTURY`` // EE2000 JMP PG. 10
	If schools are to incorporate teacher-to-teacher planning and collaboration into their staff development, they must provide the necessary time. In the U.S., most elementary school teachers have just over three hours a week for planning -- 8.3 minutes of preparation time for even hour they teach. Yet. in many other countries teachers have 10 to 20 hours each week in which to work, study, and plan together. This seemingly luxurious schedule is possible largely because teachers in those countries comprise 60 to 80 percent of school staff, compared to only 43 percent in the United States.

TEACHERS NEED TIME OFF TO REFLECT

Robbie jean Walker, Dean of liberal arts at auburn university in Montgomery, Alabama, and a member of the national faculty of the National Coalition for Equality in Learning 1997. REACHING AND TEACHING ALL CHILDREN Grassroots efforts that work. ``Moral Imperatives of leadership,`` Edited by Robert L. Sinclair and Ward J. Ghory // GJL p.18
	A recent article in Teacher Magazine dramatizes the need for and potential of continuing learning and renewal. One teacher commented: ``The highest priority for policy makers and administrators who want to improve public education should be to liberate teachers from these restraints [those innumerable tasks that consume so much of teachers` time and unleash their enormous potential to bring our schools into the next century`` (Wolk, 1996, p. 3). Unleashing that potential is of utmost importance, an imperative in responding to professional needs and providing renewal for teachers. Teachers daily confront an amalgam of astounding expectations. No ot her professional is expected to respond to the needs of all of the participants in a group setting at the same time. This tremendous and unusual commitment requires time for preparation and renewal. Such concerns are not foreign to successful learning communities in the National Coalition. We visited several communities and marveled at the creativity demonstrated by administrators in providing opportunities for teachers to attend to reflection and learning. Some school boards, for example, hired substitutes for a day or more to give teachers the opportunity to withdraw from the inevitable stresses of their daily obligations and to reflect on the specifics of their responsibilities or review their philosophical assumptions.

TEACHERS DO NOT WANT TO GET INVOLOVED WITH THE PERSONAL LIVES OF STUDENTS NO MATTER WHAT THE AFFIRMATIVE WOULD ADVOCATE

TEACHERS DO NOT WANT TO GET INVOLVED IN THE PERSONAL LIVES OF STUDENTS

Anne McGrath, staff writer, April 20, 1998; U.S. News & World Report; Pg. 57 HEADLINE: Algebra and sympathy // acs-VT2000
	Yet expectations that teachers expand their focus to include students` personal lives bother some teachers, who feel ill-equipped and are fearful of giving advice on sensitive subjects. It also strikes some parents as inappropriate, and parents and teachers both question whether time spent on ``touchy feely`` subjects wouldn`t be better spent on math and reading. 

PARENTS DO NOT WANT TEACHERS AND OTHERS AT SCHOOL GETTING INVOLVED IN THE PRIVATE LIVES OF THEIR STUDENTS

Anne McGrath, staff writer, April 20, 1998; U.S. News & World Report; Pg. 57 HEADLINE: Algebra and sympathy // acs-VT2000
	Some parents view any focus on students` emotional development as an intrusion into their domain. ``Children have a right to privacy,`` says William Schuh, a Mandan, N.D., hydrologist whose own children attend traditional public schools. Schuh strongly objects to a philosophy that encourages children to form relationships with adults that parents are not privy to.

TEACHERS ARE AFRAID OF GETTING INVOLVED IN THE PERSONAL LIVES OF THEIR STUDENTS

Anne McGrath, staff writer, April 20, 1998; U.S. News & World Report; Pg. 57 HEADLINE: Algebra and sympathy // acs-VT2000
	Not all teachers are comfortable venturing beyond academics, either. ``I`d love to come up to a kid having a bad day and put my arm around him, but I won`t touch a kid--I will not,`` says Stephen Hed, a sixth-grade teacher at Parkland Middle School in Rockville, Md. ``Male teachers especially are scared. If a kid talks to me about drugs, I`ll use it as a teachable moment. But I don`t get personal at all.`` Lockerman Middle School uses team teaching and encourages mentoring but ended its advisory program because some teachers felt uneasy in a counseling role. 

TEACHERS ARE NOT TRAINED WELL ENOUGH TO BE PERSONAL COUNSELORS TO STUDENTS

Anne McGrath, staff writer, April 20, 1998; U.S. News & World Report; Pg. 57 HEADLINE: Algebra and sympathy // acs-VT2000
	In fact, most teachers are not qualified to offer true counseling, nor do administrators want them to. ``The teacher`s job is to listen, be nonjudgmental, acknowledge that this is a really big problem, and have the pragmatic conversation: Who do we need to talk to next?`` says Lisa Lopez Levers, chair of the counseling and human-development program at the University of Rochester`s school of education. School counselors are trained to challenge a child to solve problems, she says, and they know how to arrange appropriate services. ``We tell teachers, `When you get a sick feeling in your stomach, refer,` `` says Sherry Dunn, principal of South Middle School. 

CLASS SIZE MAKES LITTLE DIFFERENCE WITHOUT CAUSING A SEVERE TEACHER SHORTAGE

REDUCED CLASS SIZE ONLY CAUSES SERIOUS TEACHER SHORTAGE

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
 And, while the idea of reducing class size is undeniably popular with parents, its efficacy is uncertain and its unintended consequences numerous. Pete Wilson`s class-size reduction plan for California, for example, prompted a mass exodus of experienced teachers from inner-city schools to posh suburbs, leaving disadvantaged kids with even less qualified teachers than before. Teacher shortages are now rampant, and thousands of people have received ``emergency waivers.`` Instead of remedying the real teacher crisis - the lack of knowledgeable instructors - it has made the situation worse. 

NO PROOF THAT DECREASED CLASS SIZE INCREASES ACHIEVEMENT UNTIL YOU GET BELOW 15 STUDENTS, AND THERE AREN`T ENOUGH TEACHERS FOR THAT

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	Research on class size is also inconclusive. Most studies show no systematic link between smaller classes and higher achieving pupils. The versions that seem to yield the greatest gains are those that slash class size below 15 kids. Such an expensive proposition must be weighed against the opportunity costs of other programs, strategies, or initiatives that could be funded. Some communities might decide that the price is worth it while others would rather use their dollars in different ways. Clinton`s across-the-nation plan does not allow for such delicate and decentralized decision making. While the president often uses words like ``autonomy`` and ``accountability,`` his proposal would micro-manage school staffing and budget priorities from Washington. 

INTEGRATED CURRICULUM APPROACH FAILS

THERE ARE SERIOUS OBSTACLES TO SUCCESSFUL IMPLEMENTATION OF INTEGRATED CURRICULUMS

Terrence C. Mason, Indiana University, September-October 1996; JOURNAL OF TEACHER EDUCATION, ``Integrated Curricula: Potential and Problems,`` EE2000-hxm p. 266
	The success of potentially good ideas in education depends on how classroom teachers enact them. Jacobs suggests that interdisciplinary teaching is now so widely accepted that it represents good mainstream education rather than a peripheral force (Kiernan, 1993). If this is so, why are there not more good examples of integrated instruction in schools? Jacobs may be correct that there is little dispute that an integrated curriculum can provide  advantages such as those cited above, but serious obstacles exist to the successful widespread implementation of this idea. Several. of these follow.

CURRICULUM INTEGRATION CAN PREVENT DEEPER CONTENT EXPLORATION AND UNDERSTANDING

Terrence C. Mason, Indiana University, September-October 1996; JOURNAL OF TEACHER EDUCATION, ``Integrated Curricula: Potential and Problems,`` EE2000-hxm p. 263
	Recent discussions of interdisciplinary curriculum recognize this potential weakness in combining curriculum content (Ackerman, 1989; Brophy & Alleman, 1991; National Council for the Social Studies, 1994). Jacobs, for example, insists that the  traditional disciplines should not be abandoned, but that integrating them can render them more meaningful for students (Kiernan, 1993). But even as proponents of curriculum integration make such claims, they sometimes provide illustrations that fail to portray the deeper understanding that connecting the curriculum is designed to bring about (e.g., the aforementioned video in which elementary students replicate the physical movements of animals of the rainforest during a physical education activity).

RESULTS FROM STUDIES ON INTEGRATED CURRICULA ARE INCONCLUSIVE

Terrence C. Mason, Indiana University, September-October 1996; JOURNAL OF TEACHER EDUCATION, ``Integrated Curricula: Potential and Problems,`` EE2000-hxm p. 266
	For those who believe that valid research evidence is necessary to demonstrate the worth of educational practices, the results regarding curriculum integration offer little support. Reviews by Cotton (1982) and St. Clair and Hough (1992) suggest that few studies conclusively show that multi-, cross-, or interdisciplinary teaching enhances student learning in measurable ways. St. Clair and Hough note, however, that because the interdisciplinary curriculum is usually imbedded in other reforms, it is difficult to separate the effects of integrated curriculum from other features of instruction often occurring simultaneously: multiage groupings, flexible scheduling, extended day programs, learner-centered teaching methods. Vars (1991), on the other hand, concludes that interdisciplinary programs produce higher scores on standardized achievement tests than programs in which students enroll in separate subjects. It is unclear whether these results are attributable solely to the integrated curriculum or to a combination of other factors. Furthermore, the measures of achievement used in these studies may not have captured the kinds of knowledge (deep vs. superficial) interdisciplinary methods promote. 

USING AN INTEGRATED CURRICULUM, OR INTERDISCIPLINARY PROGRAM, CAN LEAD TO THE TRIVIALIZATION OF THE CONCEPTS BEING STUDIED

Terrence C. Mason, Indiana University, September-October 1996; JOURNAL OF TEACHER EDUCATION, ``Integrated Curricula: Potential and Problems,`` EE2000-hxm p. 266
	The trivialization problem. It is sometimes appropriate for teachers to address ideas within a single content area. For example, some topics in mathematics are strictly mathematics (e.g., number theory). Some ideas in science are best understood without introducing confusing or inconsequential subject matter. (A poem about photosynthesis may not help one understand photosynthesis as a process, or poetry as a genre.) In deciding to integrate curriculum, teachers must choose activities or tasks that do not trivialize concepts or fail to enhance student understanding of important ideas. Although Jacobs (1989a) and others have acknowledged this problem, it remains a major implementation issue. The National Council for the Social Studies (1994) cautions against integration for its own sake:
These integrative aspects have the potential for enhancing the scope and power of social studies. They also, however, have the potential for undermining its coherence and thrust as a curriculum component that addresses unique citizen education goals. A literary selection, writing assignment, cooperative learning activity, or computerized simulation cannot be considered curriculum simply because it features social studies combined with some other subject or set of skills. Nor can such activities be substituted for genuine social studies activities. To qualify as worthwhile elements of social studies curricula, activities must engage students in using important ideas in ways that promote progress toward social understanding and civic efficacy goals, Consequently, programs that feature a great deal of integration of social studies with other school subjects-even programs ostensibly built around social studies as the core of the curriculum -- do not necessarily create powerful social studies learning. Unless they are developed as plans for accomplishing major social studies goals, such programs may focus on trivial or disconnected information. (pp. 165-166)

INTEGRATED CURRICULUM APPROACH FAILS [p.2]

INTEGRATED CURRICULUMS CANNOT WORK IF THEY ARE IMPLEMENTED IN A TOP DOWN FASHION

Terrence C. Mason, Indiana University, September-October 1996; JOURNAL OF TEACHER EDUCATION, ``Integrated Curricula: Potential and Problems,`` EE2000-hxm p. 268
	Recently a situation-- was described to me in which a secondary school administrator, in an effort to lead his school toward developing an integrated curriculum, reorganized a portion of the school day into large time blocks and as signed faculty to interdisciplinary teams. This action occurred during the summer with the expectation that the program would be on-line the following September. Unfortunately, practices such as this can doom integrated teaching to imminent failure. In this example, teachers were not consulted in the development process, school resources were not surveyed, teacher interest and motivation were not assessed, and sufficient time was not allocated for designing the program. Rather than approaching a potentially valuable innovation in curriculum design, this school merely boarded a bandwagon headed for a very short ride. (One teacher at this school who favored this idea was certain that interdiscipli nary teaching would disappear quickly due to the top-down nature of the process and the teacher resistance it created.) Curriculum integration cannot become an end in itself. Many curriculum theorists and developers are now recommending this idea, but teachers and school systems may be guilty of bandwagoning without establishing the conditions to successfully implement the concept.

THERE ARE MANY PRELIMINARY STEPS THAT MUST BE TAKEN BEFORE INTEGRATED CURRICULUMS CAN SUCCEED

Terrence C. Mason, Indiana University, September-October 1996; JOURNAL OF TEACHER EDUCATION, ``Integrated Curricula: Potential and Problems,`` EE2000-hxm p. 268
	In the  preceding discussion, I have described the major themes, arguments, and justifications associated with an integrated curriculum and raised some potential pitfalls that may interfere with its implementation. Clearly, as others have suggested (Jacobs, 1989b), deciding whether or not to design curricula from a disci plinary or interdisciplinary perspective is not an either/or issue. There may be a place in the curriculum for both approaches. But serious consideration must be given to several important issues if broad-based integrated curricula are to be successful. Simply possessing a willingness to engage in interdisciplinary teaching is not enough.

INTEGRATED CURRICULUMS DO NOT HAVE PROPER ASSESSMENT TESTS TO SEE IF THEY ARE WORKING FOR THE STUDENTS

Terrence C. Mason, Indiana University, September-October 1996; JOURNAL OF TEACHER EDUCATION, ``Integrated Curricula: Potential and Problems,`` EE2000-hxm p. 267-268
	The assessment problem. Several features of the current approach to student assessment mitigate against the widespread implementation of an integrated curriculum. First, the monolithic enterprise of standardized testing is organized around the assessment of knowledge in the traditional subject matter areas. Furthermore, recent movements toward authentic or performance-based assessments notwithstanding, most standardized tests are primarily designed to measure knowledge and recall or, at best, the ability to solve routine problems. As a result, the mode of assessment in most school systems would not be able to effectively assess students` attainment of deep understanding. Second, the standards for student performance being generated to guide educators in curriculum design are primarily being developed along disciplinary lines. Many of the recently developed curriculum standards documents (e.g., National Council for the Social Studies, 1994; National Council of Teachers of Mathematics, 1989) call for curriculum integration, but the assessments associated with content and curriculum standards remain. within rather than across disciplinary boundaries.
In order for curriculum integration to take hold as a mainstream educational practice, the methods of evaluation of student (and teacher) performance must become interdisciplinary.

MANY TEACHERS DO NOT HAVE ENOUGH KNOWLEDGE ON ALL NECESSARY SUBJECTS IN ORDER TO TEACH AN INTEGRATED CURRICULUM

Terrence C. Mason, Indiana University, September-October 1996; JOURNAL OF TEACHER EDUCATION, ``Integrated Curricula: Potential and Problems,`` EE2000-hxm p. 267
	The teacher knowledge problem. Some teachers may not possess sufficient understanding within disciplines to effectively lead students toward a thorough knowledge of important concepts (e.g., Mosenthal & Ball, 1992; Simon, 1993). If teachers lack knowledge and skills within disciplines, their ability to integrate those disciplines is highly problematic-. Typically, secondary teachers are prepared as content specialists and elementary teachers as generalists; the former group receiving limited exposure to knowledge and pedagogy in disciplines other than their own, and the latter only superficial exposure to ideas, concepts, and teaching methods in the various disciplines and subject matter areas. Prospective teachers, however, do not typically experience a curriculum that explores connections and interrelationships among disciplines. Hence it is unknown whether this dilemma is attributable to the capacities of those who enter teaching or to inadequate opportunities to learn provided by teacher education programs grounded in the traditional disciplinary molds. This raises the next serious threat to the curriculum integration concept.

ATTEMPTS AT STUDENT-CENTERED RELEVANT AREAS OF STUDY FAIL

DESPERATE ATTEMPTS TO MAKE CURRICULUM RELEVANT TO STUDENTS RESULTS IN A TRIVIALIZATION OF EDUCATION

Heather MacDonald, staff writer, Summer, 1998; City; Pg. 56-64 HEADLINE: An F for Hip-Hop 101 // acs-VT2000
	Unfortunately, Hip-Hop 101 is no aberration. Desperate for ``relevance,`` teachers across the country swamp rap groups such as Run-DMC with requests for lyrics. In New York, many teachers use rap lyrics as a way of ``relating to where the students are,`` in the words of a teacher at Park West High School. Graffiti instruction is not yet as widespread, but it`s a worrisome portent that Columbia University`s Teachers College, the fountainhead of progressive-education gospel for the city and the nation, invited Edgar Miranda to give a presentation on Hip-Hop 101 last December. And El Puente`s foundation support-the school has received thousands of dollars from the Annenberg Foundation-gives it the stamp of Establishment approval. Hip-Hop 101, then, provides a troubling benchmark for how far the trivialization of contemporary education can go. 

ATTEMPTS TO GET STUDENT ``ATTENTION`` BY TEACHING POPULAR MATERIAL RESULTS IN A DEBASEMENT OF THE CLASSROOM

Heather MacDonald, staff writer, Summer, 1998; City; Pg. 56-64 HEADLINE: An F for Hip-Hop 101 // acs-VT2000
	So the bargain has proved hollow. Progressive educators jettison the great body of Western learning in a desperate bid for students` attention, only to find the same blank looks and poor performance said to be the natural outcome of dead languages and white male Anglo-European authors. Debasing the classroom with the most superficial aspects of contemporary culture is no guarantee of student interest. 

STUDENT-CENTERED RELEVANT EDUCATION ONLY RESULTS IN ANTI-INTELLECTUALISM

Heather MacDonald, staff writer, Summer, 1998; City; Pg. 56-64 HEADLINE: An F for Hip-Hop 101 // acs-VT2000
	Now what is the payoff from this craven capitulation to anti- intellectualism? Virtually nothing. Student-centered education promises to deliver excited, involved learners. None of those was in evidence at Hip-Hop 101. Students slouch in their chairs, eyes glazed, though at least they are not disruptive. No one bothers to open a notebook, much less take notes. Miranda might as well be translating Sallust, for all the ``active learning`` going on. And students still hand in assignments late and incomplete. 

PROGRESSIVE EDUCATION WHICH STRESSES DIRECT RELEVANCE TO MINORITY EDUCATION HAS HAD INDEFENSIBLE RESULTS

Heather MacDonald, staff writer, Summer, 1998; City; Pg. 56-64 HEADLINE: An F for Hip-Hop 101 // acs-VT2000
	Hip-Hop 101 is on the same spectrum as other progressive-ed nostrums, not in a world of its own. That a school could embrace a practice both illegal and destructive of the city`s spirit is a troubling indication of how far the educational system has lost its bearings. Desperate to show ``sensitivity`` to minority students and to create subjects in which they can unequivocally excel, schools have cast aside responsibility for academic and moral education. The decision to teach graffiti is also the natural outcome of the inclusion of contemporary popular culture in the curriculum. Once you shrink from distinguishing Montaigne from Madonna, it becomes indefensible to make distinctions within low culture and exclude aspects of it that some benighted segments of society deem illegal.

STUDENT CENTERED LEARNING WHICH CREATES SPECIAL INTEREST COURSES IS A DISASTER

Heather MacDonald, staff writer, Summer, 1998; City; Pg. 56-64 HEADLINE: An F for Hip-Hop 101 // acs-VT2000
	For progressive idiocy, nothing beats Hip-Hop 101. The course is a classic example of student-centered learning. Rather than imposing a fixed, traditional curriculum, student-centered learning argues for letting students pursue their own intellectual interests (though assuming they reliably have any is, of course, the first mistake). In the 1960s, this doctrine picked up a new catchword: students and teachers alike began demanding education that was ``relevant`` to youth, especially urban youth. The result? Courses in ghetto culture-of which Hip-Hop 101 is an extreme example-that reinforce the parochialism of inner-city kids rather than open their minds to broader intellectual worlds. 

S0-CALLED SCHOOL ``PARTNERSHIPS`` DO NOT SUCCEED

``PARTNERSHIP`` PROPOSALS ARE JUST NEW BUREAUCRACIES

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	``Partnership,`` the pollsters assure us, is a ``warm`` term that focus groups adore. Upon examination, though, most ``partnerships`` turn out to resemble what used to be called ``bureaucracies.`` Consider the ``Lighthouse Partnerships`` for teacher training, proposed by the Clinton administration and supported by several Republicans (and soon to be enacted). Washington`s dollars would allow ``model`` colleges of education to ``partner`` with weaker ones. They would also ``partner`` with state education agencies, local school districts, and nonprofit organizations. All these new partners would supposedly work together to improve teacher training. 

SCHOOL-BUSINESS PARTNERSHIPS HAVE NOT BEEN ABLE TO SUSTAIN THEMSELVES

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	School-business partnerships which require extensive community resources and outreach, seem to produce favorable reviews by participants, but have met with difficulty in quantifying their successes to retain continued financial support. n32 

OBSTACLES TO SCHOOL FAMILY COMMUNITY PARTNERSHIPS

MAVIS &SANDERS 1998, THE HIGH SCHOOL MAGAZINE, ``SCHOOL, FAMILY, COMMUNITY // EE2000 HT P43
	There are obstacles for Northshore and University Park to overcome in order to develop the types of partnership programs they envision. According to teachers, parents, administrators, and students, the primary barriers to improved school-family-community partnerships are misguided attitudes and lack of time. The respondents agreed some parents have the attitude that family involvement at the high school level is unnecessary. Administrators and teachers further acknowledged some school personnel are not yet open to family involvement. Further, the respondents felt many families did not have the time to become more involved in school activities. Mr. Douglas, Action Team member at University Park explains, ``Most parents have so many other things going on, they wouldn`t have the time to volunteer at the school. Like my son`s school, they ask me to do a lot of things, and I haven`t had the time to do them...``

QUESTIONS ARISE OUT OF CONFUSION FOR PARTNERSHIPS

DONALD N. LANGENBURG, CHANCELLOR OF THE UNIVERSITY SYSTEM OF MARYLAND. 1999, THE HIGH SCHOOL MAGAZINE, ``COORDINATING EFFORTS FOR CHANGE: K-16`` // EE2000 HT P 10
	These questions opened up a Pandora`s Box of complex issueseverything from conflicting policies affecting common placement tests for two-year and four-year colleges to disciplinary group considerations of concepts in mathematics and communications.

INTEGRATED SCIENCE PROGRAMS FAIL

THERE IS LITTLE EVIDENCE THAT INTEGRATED SCIENCE PROGRAMS INCREASE ACADEMIC ACHIEVEMENT

Jeffrey Mervis, staff writer, Science July 10, 1998; Pg. 161; HEADLINE: U.S. tries variations on high school curriculum; American Renaissance in Science Education hopes to reverse order of teaching core sciences to high school students // acs-VT2000
	Frances Lawrenz of the University of Minnesota, Minneapolis, concluded after a $ 400,000 evaluation of the SS&C`s first 2 years that ``it is certainly no worse than traditional science teaching.`` But she found ``little evidence`` that students had learned more or changed their attitude about science. 

ALL INTEGRATED SCIENCE REFORMS ARE BASICALLY THE SAME

Jeffrey Mervis, staff writer, Science July 10, 1998; Pg. 161; HEADLINE: U.S. tries variations on high school curriculum; American Renaissance in Science Education hopes to reverse order of teaching core sciences to high school students // acs-VT2000
	Attempts to reorder science teaching come in a variety of flavors: Integrated, inverted, and coordinated science are the most common labels. But regardless of their differences, all try to entice more students into science by offering a different sequence of subjects and emphasizing labs, group projects, and other hands-on activities instead of lectures. They also try to encourage teachers to erase the boundaries between disciplines.

IT IS EXTREMELY DIFFICULT TO IMPLEMENT NEW SCIENCE CURRICULA IN SCHOOLS

Jeffrey Mervis, staff writer, Science July 10, 1998; Pg. 161; HEADLINE: U.S. tries variations on high school curriculum; American Renaissance in Science Education hopes to reverse order of teaching core sciences to high school students // acs-VT2000
	But such changes are tough to implement, especially given the pluralistic nature of U.S. education across some 16,000 school districts. Ask Thomas Palma, head of the science department at North Hunterdon High School in New Jersey and a 34-year classroom veteran. Palma anticipated ARISE by nearly a decade when he lobbied the powers that be to invert the science curriculum and make ninth-grade physics mandatory. ``People ask me why more schools haven`t done this,`` says Palma. ``Well, you have to be a lunatic. I took a well-established program at a relatively affluent school district where most kids go to college and turned it upside down, with no guarantee that it would work. I had two school board members, Ph.D. physicists, who told me it wouldn`t work. And 3 years ago we got a new school superintendent who said he planned to get rid of the program.`` 

RESTRUCTURING SCIENCE CURRICULA IS EXTREMELY DIFFICULT BECAUSE OF TEACHER AVAILABILITY AND TRAINING ISSUES

Jeffrey Mervis, staff writer, Science July 10, 1998; Pg. 161; HEADLINE: U.S. tries variations on high school curriculum; American Renaissance in Science Education hopes to reverse order of teaching core sciences to high school students // acs-VT2000
	Even with the best material, reformers agree, well-trained and knowledgeable teachers are essential for successful implementation. For schools adopting an inverted curriculum, the biggest problem may be finding additional physics teachers--or retraining current staff--to handle the increased student load, as well as acclimating staff to a younger batch of students. Conversely, there`s also the problem of how to cope with a temporary surplus of biology teachers, including some not certified to teach other subjects, as biology becomes an upper level course. ``Professional development is the key, both for current and future teachers,`` says Rodger Bybee, head of the Center for Science and Math Education at the National Academy of Sciences and an adviser to ARISE. ``And that costs money.`` 

INTEGRATED SCIENCE HIGH SCHOOL REFORM PROJECT WAS CANCELLED BECAUSE OF POOR QUALITY MATERIALS

Jeffrey Mervis, staff writer, Science July 10, 1998; Pg. 161; HEADLINE: U.S. tries variations on high school curriculum; American Renaissance in Science Education hopes to reverse order of teaching core sciences to high school students // acs-VT2000
	Instead of simply restacking the layers in the science cake, the SS&C project--spearheaded by former National Science Teachers Association (NSTA) executive director Bill Aldridge and separated into middle school and high school projects--set out to teach each of the disciplines every year with materials prepared ahead of time by the teachers themselves. But its fate illustrates the difficulties such reform efforts face. In 1996, officials at the National Science Foundation (NSF) pulled the plug on the high school portion of SS&C, which operated at 13 sites, after expressing concern about the quality of the materials. The project was halfway through its expected 4-year life. (Existing units are available online at no charge from NSTA at www.gsh.org/nsta/default.htm) 

INTEGRATED SCIENCE PROGRAMS FAIL [p.2]

EXPERIMENTAL SCIENCE INTEGRATION PROJECTS HAVE FAILED BECAUSE OF CURRICULUM PROBLEMS AND TEACHER TRAINING DIFFICULTIES

Jeffrey Mervis, staff writer, Science July 10, 1998; Pg. 161; HEADLINE: U.S. tries variations on high school curriculum; American Renaissance in Science Education hopes to reverse order of teaching core sciences to high school students // acs-VT2000
	But Wheeler admits that SS&C failed to overcome enormous ``logistical hurdles,`` from developing the material on time to retraining the staff to preparing students for year-end achievement tests. ``You needed teachers certified in all four areas, which we didn`t have at Fox Lane`` says Eisenkraft. Although some schools used a rotating team of teachers to compensate for that lack of individual expertise, others say this approach disrupted the usual ties between students and teachers. And several schools have avoided integrating courses because of the risk that some students may not be adequately prepared for discipline-based tests. 

PHYSICS TEACHERS DO NOT WANT TO COOPERATE WITH SCIENCE RESEQUENCING

Jeffrey Mervis, staff writer, Science July 10, 1998; Pg. 161; HEADLINE: U.S. tries variations on high school curriculum; American Renaissance in Science Education hopes to reverse order of teaching core sciences to high school students // acs-VT2000
	Then there`s the issue of elitism. Lederman remembers the reaction of 60 physics teachers during a workshop in which he outlined his proposal. ``They gave me an ice-cold stare, as if to say, `We don`t do freshmen.``` 

TEACHING PHYSICS EARLIER MEANS THAT THE ENTIRE CURRICULUM MUST BE CHANGED, AND TEACHERS WITH IT

Jeffrey Mervis, staff writer, Science July 10, 1998; Pg. 161; HEADLINE: U.S. tries variations on high school curriculum; American Renaissance in Science Education hopes to reverse order of teaching core sciences to high school students // acs-VT2000
	Palma and others emphasize that teaching physics earlier requires more than simply reshuffling the order of classes. It means tailoring the course to the math that students have taken, either algebra or geometry, instead of more advanced topics like trigonometry or calculus. ``It`s not the same physics that was traditionally taught,`` adds Arthur Eisenkraft, who has promoted similar reforms as science coordinator for Bedford Public Schools in Westchester County, New York. 

MORE HOURS OF HOMEWORK HURT MATH AND SCIENCE PERFORMANCE

Los Angeles Times , March 16, 1998; Part B; Page 2; HEADLINE: EDUCATION / AN EXPLORATION OF IDEAS, ISSUES AND TRENDS IN EDUCATION  // acs-VT2000
		 But the Third International Mathematics and Science Study (TIMSS), described as the most comprehensive international study of academic achievement ever, belied some common assumptions. 
* Spending more than three hours a night on homework in math or science does not guarantee top performance. In fact, students worldwide had higher scores if they spent one to two hours on homework. 

LITERATURE DIVERSIFICATION CREATES CONTROVERSY

CHANGING LITERATURE BASED ON RACE OR ETHNICITY IGNITES A FIRESTORM OF CONTROVERSY

SILJA J.A. TALVI, staff writer, May 3, 1998; In These Times; Pg. 9 HEADLINE: Required Reading // acs-VT2000
	When a pair of San Francisco Board of Education members proposed a quota-based literature curriculum, which would have mandated that 40 percent of the required reading list for public high school students consist of ``authors of color,`` irate community members, parents and pundits went on the warpath. The debate was quickly framed as one of extremes: San Francisco`s students could have either Shakespeare or Toni Morrison--but not both. 

IMPOSING RACIALLY DIVERSE LITERATURE ON THE HIGH SCHOOL CURRICULUM CARRIES HUGE INTELLECTUAL RISKS

SILJA J.A. TALVI, staff writer, May 3, 1998; In These Times; Pg. 9 HEADLINE: Required Reading // acs-VT2000
	The quota-based system touched a raw nerve with California conservatives and liberals alike. Some local talk show hosts and columnists went so far as to accuse the plan`s proponents of ``ethnic cleansing.`` Detractors viewed the effort as a threat to the tradition of classic literature. While no board member advocated the elimination of any Euro-American novel, the proposal was derided as ``anti-Shakespeare`` by its critics. Richard Rodriguez, the San Francisco-based author of Hunger of Memory, told the San Francisco Chronicle that he feared that the classics of the Western tradition would be tossed out if the district`s literary traditions were based on a ``political agenda.`` 

 WE NEED COMPETITION IN EDUCATION, NOT COOPERATION

NON-COMPETITIVE EDUCATION ENVIRONMENTS HARM ACADEMIC ACHIEVEMENT

Ken Hamblin, The Denver Post May 16, 1999; Pg. J-02 HEADLINE: Pushing the envelope of mediocrity  // acs-VT2000
	In the classroom, of course. They must instruct our children to overcome their natural aggressive competitiveness. 
Instead of encouraging innocent children to reach for the stars by developing their individual brilliance, they instead serve these innocents up to the gods of academic mediocrity, vocational insignificance and intellectual subordination. 
And sadly, the helpful liberal educators work at this every day in tandem with dim and gullible parents. 

AS LONG AS SCHOOLS REMAIN INSULATED FROM COMPETITION, ATTEMPTS TO IMPROVE EDUCATION WILL FAIL

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	As long as local school systems can be assured of state aid and increasing federal aid without the accountability which inevitably comes with aggressive competition, it would be sentimental, wishful thinking to expect any significant increase in the efficiency of our public schools. If there are no alternatives to the present system . . . then the possibilities of improvement in public education are limited.

COMPETITION HAS IMPROVED EVERY HUMAN ENTERPRISE, IT WILL DO THE SAME WITH SCHOOLS

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	Kenneth B. Clark, Alternative Public School Systems, 38 Harv. Educ. Rev. 100, 111 (1968); see also Robert Lutz & Clark Durant, The Key to Better Schools, Wall St. J., Sept. 20, 1996, at A14 (``Public schools too often fail because they are shielded from the very force that improves performance and sparks innovation in nearly every other human enterprise--competition

AFRICAN AMERICAN MALE CENTERED CURRICULUM FAILS

EDUCATION IN AN ENVIRONMENT SEPARATE FROM SOCIETY DOES NOT TEACH STUDENTS HOW TO COMPETE AND SUCCEED IN THAT SOCIETY

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	Children who have been thus educationally and culturally set apart from the larger community will inevitably acquire habits of speech, conduct, and attitudes reflecting their cultural isolation. They are likely to acquire speech habits, for example, which vary from the environment in which they must ultimately function and compete, if they are to enter and be a part of that community. This is not peculiar to race; in this setting, it can affect any children who, as a group, are isolated by force of law from the mainstream. 

AFRICAN-AMERICAN MALE CENTERED CURRICULUM IGNORE WOMEN`S ISSUES

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	What is of great concern to women`s equity advocates is the implication that it is the presence of females, rather than poor economic and social conditions founded on race and sex discrimination, which has led to the present failure of schools to educate the majority of children in this nation`s urban schools. None of the proposals for African American male education have identified whether and how specific curricula would address the historical and present role and impact of African American women. Nor have they addressed what actions would be taken to mitigate the kind of chauvinism which can emerge in any monocultural environment.

AFROCENTRIC CURRICULUM FOCUS IS AN UNWISE POLICY

AFROCENTRICITY IS AN INVALID GUIDE FOR CURRICULUM

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	Cornel West, Race Matters 4 (1993). West explains that, 
Afrocentrism, a contemporary species of black nationalism, is a gallant yet misguided attempt to define an African identity in a white society perceived to be hostile. It is gallant because it puts black doings and sufferings, not white anxieties and fears at the center of discussion. It is misguided because--out of fear of cultural hybridization and through silence on the issue of class, retrograde views on black women, gay men, and lesbians, and a reluctance to link race to the common good--it reinforces the narrow discussions about race. 

AFROCENTRIC APPROACH IS ESSENTIALIST, HOMOPHOBIC, AND MASCULINIST

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	Of perhaps greater significance than white scholarly dissatisfaction is the fact that Afrocentrism is still the focus of vigorous debate within the African-American community. Cornel West, a highly visible theorist on race, characterized Afrocentricity as ``a gallant yet misguided attempt``  and, with others, has critiqued the essentialism of the approach as constricting, internally divisive, homophobic, and masculinist. 

AFROCENTRICT CURRICULUM IS BASED ON REVISIONIST HISTORY

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	The most cogent scholarly critiques against prescriptive Afrocentricity attack its reinterpretation of historical sources, its essentialism and its normative stances. Afrocentric scholarship has drawn extensive fire from other scholars for nearly mythic assertions about the origin of peoples and roots of science and culture, n79 extrapolated loosely by some Afrocentrists from revisionist historical works like Martin Bernal`s Black Athena n80 written on the subject of African and Egyptian foundations of western  [*87]  civilization. These highly contested areas of scholarship have attracted severe criticism of Afrocentricity as fostering pseudo-history.

YOU CANNOT DETER YOUTH BEHAVIOR THROUGH PUNISHMENT

RATIONAL UTILITY THINKING -- LIKE DETERRENCE -- HAS SEVERAL DEADLY FLAWS

ANNE SCHNEIDER, National Science Foundation, 1990; DETERRENCE AND JUVENILE CRIME: RESULTS FROM A NATIONAL POLICY EXPERIMENT [Study of national data from a six city study] \\ acs-VT2000 p.105
Expected utility theory, including deterrence theory, has several drawbacks, however, as a guide to policy as well as a general theory of behavior. First, individuals make numerous errors in their estimates of benefits, costs, and risks, therefore making it very difficult for them to make decisions that will be consistent with objective estimates of net utility. Second, expected utility theory does not take into account the predecision I processes through which individuals frame situations, seek ideas, and devise courses of actions. Third, even v. hen persons are directly confronted with choices and relatively clear information, they usually do not choose options on the basis of net utility, particularly under conditions of uncertainty. Instead, most rely on decision heuristics, short cuts, or rules of thumb, that are used in lieu of calculations about the future consequences of various alternatives.

DETERRENCE THEORY IS FLAWED -- CRIMINAL BEHAVIOR IS NOT DETERRED BY PUNISHMENT

JAMES FINCKENAUER, Prof. Rutgers Univ., 1982; SCARED STRAIGHT! AND THE PANACEA PHENOMENON // am-VT2000 p. 37
Finally, there is the reality that one of the easiest and simplest steps to be taken against juvenile crime  is to increase the harshness of penalties and to make them applicable to a larger number of  youngsters. This is, however, another *example* of a simplistic solution to a complex  problem. The result is that the severity of punishment, which I have already tried to show has little or no deterrent effect, is increased; whereas certainty, which may have some deterrence value, is not and cannot be so readily increased. As a result, the juvenile justice system becomes more like the adult system—higher on severity, but still low on certainty. This is so because the odds of being arrested, convicted, and punished are difficult to increase when some of the conditions affecting these odds are beyond the reach of juvenile authorities, and when relatively small improvements in efficiency and effectiveness would require more money and resources than we are willing to provide. Perhaps an even more important explanation is our unwillingness to pay the costs in due process trade-offs that would be necessary to significantly increase the certainty of juvenile punishment. The latter, in my judgment, is fortunate because it suggests we have been willing to go only so far in giving up our individual freedoms to make our crime control capacity more effective. So far, we have found a ``police state`` approach to be unattractive.  

NOTHING SIGNIFICANT HAS CHANGED IN THE DETERRENCE LITERATURE BETWEEN  1978 -- AND NOW -- DETERRENCE DOES NOT WORK

WILLIAM SPELMAN, Prof. Public Affairs, Univ. of Texas, 1994; CRIMINAL INCAPACITATION [study utilizing national data from a survey by the RAND  Corporation] \\ acs-VT2000 pp. 301-2
Daniel Nagin (1978), in reviewing the work completed during the 1960s and 70s, found that  despite the immensity of the research effort, the empirical evidence is still not sufficient for providing a rigorous confirmation of the existence of a deterrent effect. Perhaps more important, the evidence is woefully inadequate for providing a good estimate of he magnitude of whatever effect may exist.... There is still considerable uncertainty over whether this effect is trivial (even if statistically detectable) or profound. (pp. 135-136)  Detenence effects doubtless exist for law-abiding citizens, and they may be important for even the most dangerous offenders: but a aggregate-based, econometric approaches have been unable to measure these effects with much validity. More recent reviews (Brier & Fienberg, 1980; Schmidt & Witte, 1984) indicate that the situation has not changed since 1978.

DETERRENCE THEORY IS DEPENDENT ON THE ``RATIONAL DECISION MAKER`` MODEL OF CRIMINALITY

ANNE SCHNEIDER, National Science Foundation, 1990; DETERRENCE AND JUVENILE CRIME: RESULTS FROM A NATIONAL POLICY EXPERIMENT [Study of national data from a six city study] \\ acs-VT2000 p. 105
Modern American society is permeated by the belief that human beings are driven by self-interested behavior and that public policies can influence behavior by manipulating the costs, benefits, or risks of alternative actions. Simplified versions of expected Utility theory hold that behavior  is contingent upon net utility and that it does not matter much, if at all, whether one seeks to change behavior by altering the benefits, altering the costs, or reducing uncertainty. The modern revival of deterrence theory as a guide to criminal and juvenile justice policy rests precisely upon these contention.  if criminal behavior might be reduced.

JUVENILES DO NOT CALCULATE THE PROBABILITIES INVOLVED IN DETERRENCE

Marc Perrusquia, The Commercial Appeal (Memphis), March  10, 1996, Pg. 11A, HEADLINE: Morality not an issue for teens who rob // acs-VT2000
     Problem is, juvenile offenders tend to be rash and impulsive. ``He doesn`t calculate the consequences of his actions,`` Sweet said. ``He just bursts out.`` [Richard Sweet, director of the Youth Habilitation Center]

PUNISHMENT OF YOUNG PEOPLE IS COUNTER-PRODUCTIVE

STRONG PUNISHMENT CAN INCREASE YOUTH CRIME

THOMAS BERNARD, 1992; THE CYCLE OF JUVENILE JUSTICE //am-VT2000 p. 164
The worst aspect of this reform is that punishing serious juvenile offenders may actually increase crime. Research suggests that recidivism among the most violent delinquents can be reduced up to 70% in small, secure, treatment-oriented juvenile facilities. This same type of juvenile does poorlywhen punished in large custody-oriented juvenile institutions. The adult system has even less to offer these offenders and they cause many problems in it, both as victims and offenders.  

PUNISHMENT THAT IS NOT EFFECTIVE TEACHES YOUNG PEOPLE THE WRONG MESSAGE

JAMES FINCKENAUER, Prof. Rutgers Univ., 1982; SCARED STRAIGHT! AND THE PANACEA PHENOMENON // am-VT2000p. 35
Kids who have beaten the system and gotten away with it are not likely to be deterred. Others,  and particularly those who commit the most violent crimes, are psychologically unlikely or  unable to rationally calculate the risk of penalties. For example, they may have little inner  control; and, they may act on impulse with little intellectual or moral understanding of what  they are doing. Still others may be willing to run what they know are great risks in order to  maintain their status in the eyes of their peers. After all, peers are the single most important  reference group for adolescents. Finally, it is in part the elements of danger and adventure that  make delinquent behavior exciting and attractive in the first place. 

PUNITIVE ORIENTED PROGRAMS SHOW LITTLE TO NO SUCCESS RATES

MARYANNE RAYWID, PROFESSOR AT HOFSTRA UNIVERSITY, NY.1 998, HIGH SCHOOL MAGAZINE, `` ALTERNATIVE COLN`` // EE2000 HT PG.13
	Experience indicates very different success rates for the alternative schools focusing on changing students and those concentrating on changing schools. The punitively oriented programs rarely prove effective in altering student behavior. (A classic study in Florida showed that despite 58,000 ``sen I tences`` to in-school suspension programs statewide, during one memorable academic year, there were no improvements.)

IT IS NOT POSSIBLE TO CREATE DISCIPLINE AND SAFETY IN EXISTING SCHOOLS

NOTHING CAN QUICKLY RE-INTRODUCE DISCIPLINE INTO SCHOOLS

JACKSON TOBY, professor of sociology at Rutgers University, September 22, 1998, The Public Interest, HEADLINE: Getting serious about school discipline; School Report, part 2 // acs-VT2000
	Would such changes substantially improve school discipline in public high schools? Not quickly. Nothing that is worth doing can be done overnight. The peace-keeper role of teachers gradually eroded in many public secondary schools because, even in schools where most students take education seriously, a small number of misbehaving students sabotage classroom order and intimidate teachers. Furthermore, in large school systems, the saboteurs are not evenly distributed among schools; they pile up in the schools with the worst reputations and make them educational wastelands - as well as dangerous. It will take years to reestablish the expectation among public secondary school teachers that students will routinely heed them; only this confidence enables them to be peace keepers. Catholic high-school teachers in the big cities have this confidence now, as do Japanese high-school teachers. (Catholic high schools manage to be academically successful and orderly even though many of them enroll a majority of black and Hispanic kids from economically disadvantaged homes.) 

CURRENT STUDIES CANNOT ESTABLISH CAUSES OR SOLUTIONS FOR SCHOOL VIOLENCE

JACKSON TOBY, professor of sociology at Rutgers University, September 22, 1998, The Public Interest, HEADLINE: Getting serious about school discipline; School Report, part 2 // acs-VT2000
	Here the Safe Schools study waffled, but later studies, being less comprehensive, could say even less about causes. Thus, in March 1998, the Bureau of Justice Statistics and the National Center for Education Statistics jointly published data comparing student victimizations in 1989 and 1995; 3.4 percent of students aged 12 to 19 had reported violent victimizations in 1989, and 4.2 per cent reported them in 1995. But the 1998 study had nothing to say about why the increase occurred. If changes in school discipline were involved, for instance, the study couldn`t tell because it had no data from teachers on their disciplinary practices. Furthermore, unlike the Safe Schools study, which collected victimization data from many schools, and which was therefore able to distinguish safe and academically excellent schools from schools where violence had reached levels high enough to threaten the educational process, the sampling procedure used in the 1998 report precluded inter-school comparisons. Without reports of teacher disciplinary practices linked to schools with different levels of disorder, the 1998 report was unable to investigate a possible connection between less effective discipline and the increase in school violence. 

 SCHOOLS ARE VIOLENT BECAUSE STUDENTS DO NOT WANT TO BE THERE

HIGHER AGE OF COMPULSORY ATTENDANCE INCREASES SCHOOL VIOLENCE

JACKSON TOBY, professor of sociology at Rutgers University, September 22, 1998, The Public Interest, HEADLINE: Getting serious about school discipline; School Report, part 2 // acs-VT2000
	The national trend toward raising the age of compulsory attendance from 16 to 18 worsens rather than improves high-school education and inevitably contributes to discipline problems. A half dozen years ago, the District of Columbia raised the age from 16 to 18, after which its schools went downhill faster. Even if such legal requirements could guarantee the physical presence of alienated students in school, they cannot force students to learn. Unlike imprisonment, which can be imposed on the unwilling, education requires cooperation between teachers and learners. 

FORCING STUDENTS TO STAY IN SCHOOL WHO DO NOT WISH TO BE THERE DAMAGES ACADEMIC ACHIEVEMENT

JACKSON TOBY, professor of sociology at Rutgers University, September 22, 1998, The Public Interest, HEADLINE: Getting serious about school discipline; School Report, part 2 // acs-VT2000
	Keeping more children in school who do not want to be there interferes with learning as well as with school order. Consequently, functional illiteracy has spread to more students, resulting not necessarily in marginal students formally withdrawing from school but, more usually, in ``internal`` dropouts. Such students used to be described as ``lazy,`` and they were given poor grades for ``conduct.`` (The public schools have had great difficulty providing satisfaction, not to mention success, to students whose aptitudes or attitudes do not permit them to function within the range of traditional standards of academic performance.) One response of schools is to ``dumb down`` the curriculum. But most students who are uninterested in traditional education do not get much satisfaction out of intellectually weak courses either and thus do not develop a stake in conformity to school rules. 

SCHOOLS LACK DISCIPLINE BECAUSE STUDENTS DO NOT WANT TO BE THERE, AND STUDENTS WHO PREVIOUSLY WERE ALLOWED TO DROP OUT ARE KEPT IN

JACKSON TOBY, professor of sociology at Rutgers University, September 22, 1998, The Public Interest, HEADLINE: Getting serious about school discipline; School Report, part 2 // acs-VT2000
	Probably the most important single reason that increasing proportions of youngsters have no interest in observing school rules is that more of them now than formerly do not want to be in school at all. Why is this? It has long been true that some children become rebellious simply because they are not there to learn; their families do not provide enough encouragement, support, and preschool training to give them a good chance at competitive success. It has also long been true that some peer groups develop goals unrelated to, or opposed to, academic achievement; children in school are exposed not only to the official curriculum but to the tutelage of their schoolmates, who are more numerous than adult teachers. What has changed is that modern societies now insist on more and more years of education for all children. In former generations, children who hated school dropped out; now they are more likely to remain enrolled regardless of whether they view education as necessary for their future lives. 

 PUTTING MORE POLICE IN SCHOOLS IS NOT AN EFFECTIVE POLICY

PUTTING COPS IN SCHOOL IS NOT THE ANSWER

NICHOLAS EMLER AND STEPHEN REICHER, 1995; ADOLESCENCE AND DELINQUENCY // am-VT2000 p. 226
Perhaps the clearest example of such cosmetic panaceas comes in attempts to portray the friendly face of authority. For instance, there in many schemes which involve community policemen coming into schools and showing themselves to be kind, friendly and helpful human beings. The problem with this is that it ignores the fact that changing our views of one individual need not change our stereotype of the groups to which they belong - they can simply be dismissed as an exception to the rule (Hewstone & Brown, 1987). Moreover, as long as young people have i. experiences of the arbitrary we of police power elsewhere in their lives, the occasional smiling face will have little impact (Hewstone, Hopkins & Routh, 1992; Hopkins, 1994b). We are not suggesting that it is always i futile to change the ways in which young people see authority. Indeed Tyler`s work suggests that, to the extent that people consider judicial procedures to be legitimate, they will view judicial authority positively even when they are punished by it (Tyler, 1990). However, demonstrating legitimacy is very different from changing the tone of interactions. Such changes m appearances will only work if they reflect changes at all levels of the relationship between young people and authority. 

BETTER TO SPEND MONEY ON EDUCATION THAN ON POLICE IN SCHOOLS

SANDRA BARBIER, The Times-Picayune, March 30, 1996 Pg. A1, HEADLINE: TEACHERS SPLIT OVER POLICE ROLE ON CAMPUS // acs-VT2000
     Although the campus police program has been successful at other schools, Licciardi said her school can`t afford one and has more pressing needs. ``If I had to choose between a policeman and an additional teacher to lessen the pupil-teacher ratio, I`m going to pick the teacher every time.``

SURVEILLANCE AND SCREENING EQUIPMENT WILL BE INADEQUATE

SCHOOL SURVEILLANCE EQUIPMENT CAN BE TRICKED AND AVOIDED

Stanley Matthew Burgess, Spring, 1998;  University of Missouri at Kansas City Law Review, COMMENT: MISSOURI`S SAFE SCHOOLS ACT: AN ATTEMPT TO ENSURE A SAFE EDUCATION OPPORTUNITY // acs-VT2000
	However, students have found ways to ``foil school metal detectors`` because they know the security guards will not frisk them in certain areas. n31 ``The best way is hiding knives or whatever is in your bra,`` said one St. Louis student. n32 ``What are [the guards] gonna do? Feel your privates? They`ll get sued.`` Furthermore, many of the districts that seek to make their schools fortresses are wasting limited education dollars on security programs that fall short. n33 Therefore, while administrators  [*606]  attempt to institute policies and procedures to increase security in school facilities, the answer is not as simple as increasing security or implementing improved surveillance equipment.     

INCREASED POLICE, SECURITY, AND METAL DETECTORS CANNOT SUCCEED IN A VIOLENT SCHOOL

JACKSON TOBY, professor of sociology at Rutgers University, September 22, 1998, The Public Interest, HEADLINE: Getting serious about school discipline; School Report, part 2 // acs-VT2000
	Not only do many school systems employ security guards but some also have metal detectors to screen for knives and guns. The District of Columbia school system employs 250 security officers - along with metal detectors in 31 schools. New York City employs 3,200 security officers, as well as metal detectors. Security guards and metal detectors are useful for inner-city schools that need protection against invading predators from surrounding violent neighborhoods and to break up fights that teachers are afraid to tackle. But security programs cannot be the main instrument for preventing student misbehavior in public secondary schools because security guards are not ordinarily in classrooms where teachers are alone with their students. Furthermore, there are never enough security guards to maintain order in hallways or gyms or cafeterias or to prevent assaults or robberies by their mere presence. In January 1992, Mayor Dinkins visited Thomas Jefferson High School in Brooklyn to deliver a speech. Though the mayor carne with bodyguards, and though security guards were on hand, two students were fatally shot by an angry classmate during Dinkins` visit. Security guards constitute a second line of defense, but they cannot by themselves provide a disciplined environment within which the educational process can proceed effectively. 

THE JUVENILE JUSTICE SYSTEM OUTSIDE OF SCHOOLS HAS BROKEN DOWN AND CANNOT BE DEPENDED ON

SCHOOL DISORDER TAKES PLACE BECAUSE JUVENILE JUSTICE SYSTEM FAILS TO DO ITS JOB

JACKSON TOBY, professor of sociology at Rutgers University, September 22, 1998, The Public Interest, HEADLINE: Getting serious about school discipline; School Report, part 2 // acs-VT2000
	Another effect of the civil-rights revolution was the decreased ability of schools to get help with discipline problems from the juvenile courts. Like the schools themselves, the juvenile courts have become more attentive to children`s rights. More than 30 years ago, the Supreme Court ruled that children could not be sent to juvenile prisons for ``rehabilitation`` unless proof existed that they had done something for which imprisonment was appropriate. The 1967 Gault decision dramatically changed juvenile-court procedures. For example, formal hearings with youngsters represented by attorneys became common practice for serious offenses that might result in incarceration. 

JUVENILE COURTS REFUSE TO TAKE ACTION AGAINST STUDENTS WHO CAUSE VIOLENCE IN SCHOOLS

JACKSON TOBY, professor of sociology at Rutgers University, September 22, 1998, The Public Interest, HEADLINE: Getting serious about school discipline; School Report, part 2 // acs-VT2000
	Furthermore, a number of state legislatures restricted the discretion of juvenile-court judges. In New York and New Jersey, for example, juvenile-court judges may not commit a youngster to correctional institutions for ``status offenses`` - that is, for behavior that would not be a crime if done by adults. For example, truancy or ungovernable behavior in school or at home are not grounds for incarceration in New York and New Jersey. The differentiation of juvenile delinquents from persons in need of supervision (PINS in New York nomenclature, JINS in New Jersey) may have been needed. However, one consequence of this reform is that the public schools can less easily persuade juvenile courts to help with discipline problems that threaten the order on which the educational process depends. In some cases, the juvenile-court judge cannot incarcerate because the behavior is a status offense rather than ``delinquency.`` To a juvenile-court judge, the student who called his history teacher an obscenity is not a candidate for incarceration in a juvenile correctional institution. In other cases, the alleged behavior, such as slapping or punching a teacher, does indeed constitute delinquency. But many judges will not commit a youngster to a correctional institution for this kind of behavior because they have to deal with what they consider to be worse juvenile violence on the streets. 

 VIOLENCE IN URBAN SCHOOLS MUST BE ADDRESSED BEFORE ANY REFORM CAN WORK

HARRIS, IAN M., PROFESSOR, UNIVERSITY OF WISCONSIN, PEABODY JOURNAL OF EDUCATION, ``DIRECT EDUCATION IN AN URBAN SCHOOL DISTRICT IN THE UNITED STATES`` // EE2000 JMP PG.64
	In a postmodern world, American children are being exposed to more violence than ever before (Children`s Defense Fund, 1991). As violence from home and community creeps into elementary, middle, and high schools, school personnel in the 1990s throughout the United States have been constructing elaborate lessons about peace, violence, and conflict resolution. Problems created by the prevalence of handguns are particularly worrisome to teachers in urban school districts: ``One out of every three children in metro Atlanta knows someone who has brought a gun to school. And one in five worries about falling victim to a gunshot at school`` (Loupe & Shepard, 1993). In 1990, 2,162 young Americans were killed in school by firearms, and 5.3% of students carried a gun to school (``It`s Not just New York,`` 1992). A Justice Department survey in 1989 indicated that 7% of students said they were victims of violent crimes at school (Celis, 1993). In 1992, every school day 100,000 students toted guns to school, 160,000 skipped classes because they feared physical harm, 40 were hurt or killed by firearms, 6,250 teachers were threatened with bodily injury, and 260 teachers were physically assaulted .

PEER MEDIATION AND CONFLICT RESOLUTION PROGRAMS ALL HAVE SIMILAR CHARACTERISTICS

PEER MEDIATION PROGRAMS LOOK DIFFERENT, BUT THEY ARE ALL BASICALLY THE SAME

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	School districts around the country have developed a variety of institutional program models through which to implement peer mediation. Important institutional conceptions range from the district model developed under the auspices of the New Mexico Center for Dispute Resolution to the joint funding model developed through the Massachusetts Attorney General`s SCORE program, to the Whole School Model that the San Francisco Community Board endorses. Yet beneath these varied approaches to establishing peer mediation programs, we find that mediation models themselves look quite similar. In other words, we suspect that a pair of mediators from English High School (Jamaica Plain, MA) could mediate a dispute between Mission High School (San Francisco) students, and John McCarty, the Mission High Program Coordinator, would not blink an eye as he observed their methods. Once they are in the room, peer mediators around the country do the same kinds of things. 

THERE ARE MANY DIFFERENT TYPES OF PEER MEDIATION PROGRAMS, BUT THEY ARE SIMILAR IN ALL THE IMPORTANT FACETS

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	Violence prevention and reduction in disciplinary actions have to a large extent replaced peace education and civic responsibility as underlying goals of peer mediation programs. As with any new and chic topic, its advocates have come up with seemingly limitless ways to promote it. For all the apparent diversity of programs, however, the similarities among school peer mediation programs remain the most striking thing about them.

PEER MEDIATION PROGRAMS ARE UNIQUE TO EACH SCHOOL AND EVOLVE DIFFERENTLY

ON PAPER PEER MEDIATION PROGRAMS ARE VERY, VERY DIFFERENT

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	On paper, peer mediation programs vary quite a bit in their structure, scale, and goals. The differences between models reflect such diverse influences as parent program philosophy, funding source, school and district size, age of students, and leadership role. In our search for common elements of successful programs, we examined five major models: the ESR/RCCP program from New York, the Community Board model in San Francisco, the New Mexico Center for Dispute Resolution (NMCDR) district program in Albuquerque, the Student Conflict Resolution Expert (SCORE) program  [*223]  in Massachusetts, and the individual school model as represented by schools employing ESR. 

PEER MEDIATION PROGRAMS LOOK FAR DIFFERENT FROM THEIR INITIAL PLANS WHEN THEY ARE FINALLY IMPLEMENTED

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	Analyzing a school program, whether peer mediation or another type, requires looking at two separate entities: the theory - the program as it exists on paper - and the practice, or the program as implemented. The programs researched for this paper have in common an extensive philosophy, specified goals, and a plan for implementing those goals in schools in keeping with the overriding philosophy. They also share, as do most school programs, a tendency for the implemented program to look different from the theoretical model.

IMPLEMENTATION OF PEER MEDIATION PROGRAMS IS VERY DIFFICULT

PEER MEDIATION PROGRAMS HAVE INSTITUTIONAL BARRIERS TO DETERMINING IF THEY WORK OR NOT

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	Unfortunately, logistical and monetary concerns are not the only barriers to meaningful program evaluation. There are also institutional barriers ranging from inertia to aversion. In fact, inertia and aversion regarding assessment often form a unified barrier, according to Maria Mone, Associate Director of the Ohio Commission on Dispute Resolution, who coordinates implementation and evaluation of dispute resolution programs in Ohio schools. n147 Mone believes that schools often fear assessment because they are unfamiliar with it, and because it requires new learning and assignment of new tasks. n148 In addition, she finds that there are often political incentives to avoid assessment. n149 Because dispute resolution programs have become popular in legal as well as educational settings, there is a political will to presume value even where no such value has been demonstrated. Once money has been allocated for a particular program, the grant often becomes self-renewing, although assessment may be nominally expected. This tendency induces schools either to avoid assessment or to approach it with vague and ill-defined goals that are  [*255]  unlikely to be definitively affirmed or rejected. In the absence of definitive results, and with little scrutiny from funding sources, continued funding may become automatic.

NEW MEXICO STUDY SHOWS THAT PEER MEDIATION PROGRAMS ARE HARD FOR TEACHERS TO ADMINISTER

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	Managing a moderate-size mediation program can take hours a day, and when combined with a teacher`s regular duties, the work becomes overwhelming. In districts where the program is most successful, coordinators become partially self-sustaining and begin to do expansion trainings without assistance from the NMCDR. The most common cause of problems has been transience. Other problems include unsupportive teachers or administrators who actively block the program`s entrance into the school. Ideally, the district team helps to prevent this.

PEER MEDIATION PROGRAMS ARE VAGUE AND ILL-DEFINED

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	Despite increasing research on the subject, there is very little in the way of specific guidelines and advice for schools planning the implementation, modification, or expansion of a peer mediation program. Schools thus enter the process more or less blind, going on intuition about what might work. In addition to lack of guidance, schools face budgetary constraints, internal and local politics, pressures from parents, and other limitations that might be better accommodated if schools had a clearer picture of how to achieve their objectives. Moreover, programs themselves make statements about the effects that schools can expect, but there is often little to support the claims.

CONFLICT-RESOLUTION CURRICULA TAILORED TOWARDS MIDDLE CLASS NICE PEOPLE

CHERYL BERNARD, RESEARCH DIRECTOR, VIENNA, AUSTRIA. 1996, PRINCIPAL, ``MEDIATION MINUS MORALS`` // EE2000 HT P56
	That`s the good news. But there are a number of things that bother me about conflict-resolution curricula. Chief among the flaws undergirding these programs is the notion that they work on every kind of conflict, for all age groups, across the board, from a sandbox tussle to global war. I doubt this.
	Rather, the techniques seem tailored to a middle-class setting where everybody is basically nice and reasonable. It`s hard for me to imagine that two drug dealers, fighting over turf or money, are going to benefit from methods like SIGEP: Stop what you`re doing, Identify the problem; Generate ideas on how to solve it; Evaluate these ideas; Plan how to implement them.
	Another drawback is that the programs are designed to stay away from the question of right or wrong. This obviously simplifies matters for mediators, relieving them of having to decipher who did what to whom, But this approach offends people`s-particularly children`s-need for justice, and most paradoxically of all, it tends to reward aggression.

SCHOOL MEDIATION ONLY WORKS IF ALL THE PARTIES WANT TO USE IT

HARRIS, IAN M., PROFESSOR, UNIVERSITY OF WISCONSIN, PEABODY JOURNAL OF EDUCATION, ``DIRECT EDUCATION IN AN URBAN SCHOOL DISTRICT IN THE UNITED STATES``//EE2000 JMP PG.74
	School mediation programs have been especially successful in school yards and in dealing with bullies who lack empathy and want authority over others. Peer mediators assigned to playgrounds are given T-shirts so that they are easily identified. When the mediators spot a nonphysical conflict they approach the pupils involved. If there is a physical conflict, the mediators don`t get involved. When they approach a nonphysical conflict, they must first introduce themselves and then ask those involved if they would like help solving their problem. If one or more of the parties do not want help, the mediators walk away. If parties agree to accept help, the mediators take the disputants through a structured process to resolve their conflict. 

DATA ABOUT THE EFFECTIVENESS OF PEER MEDIATION PROGRAMS IS INADEQUATE

CLAIMS MADE FOR PEER MEDIATION PROGRAMS ARE HARD TO DEFINE AND PROVE

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	n21. In its information packet, for example, The San Francisco Community Board promotional/informational materials read, ``Conflict Managers gain valuable leadership skills. They become role models for other students, and often experience improved self-esteem and academic achievement. Faculty spend far less time on disciplinary matters and more time on teaching. Schools report significant decreases in suspensions and expulsions, reduced tensions, and enhanced school climate overall. Parents have reported that conflicts in the home are resolved more effectively as well.`` The Community Board Program, Conflict Resolution Resources (1997) (materials on file with the authors). This extensive list of benefits is hard to unpack, let alone analyze for accuracy.

MEASURES OF PEER MEDIATION PROGRAM EFFECTIVENESS ARE HARD TO ADMINISTER AND REVIEW

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	As noted above, many of the objectives schools have are difficult to quantify. Evaluation is often limited to informal teacher observation and student self-evaluation. Follow-up questionnaires to students and teachers often request data in the form of qualitative  [*218]  responses, which are subject to bias from time gaps and from perceptions skewed by the power of suggestion. The most concrete and objective data typically relate to the number of suspensions or violent incidents recorded before versus after the introduction of mediation programs. Evaluations sometimes consider how well students have learned skills by administering a written ``test`` of conflict skills and attitudes. These written tests strive to assess objectively the extent to which conflict resolution skills have been mastered, but their reliability inevitably suffers from their inability to distinguish between intellectual knowledge and behavioral application. 

IT IS DIFFICULT TO EVALUATE WHETHER PEER MEDIATION PROGRAMS ARE SUCCEEDING

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	Evaluating peer mediation programs is difficult on several levels. Financially, schools are often limited in the funds they can devote to evaluation. Most schools cannot pay a researcher to spend the time necessary to prepare, distribute, collect, tabulate, and analyze evaluation surveys. Second, logistics make it hard to coordinate school- wide surveys that generate a valid, representative response from a sufficient number of participants to yield reliable information. Control groups and control schools add important bases for comparison, but finding equivalent schools or groups of students within schools to use as control groups can be difficult. Politically, schools and outside organizations working with them to implement programs may have no incentive to evaluate, or even a disincentive to do so. n25 In a school in which some members of the administration are trying to win the school or parents over to mediation, inconclusive initial results of an evaluation could kill the program before it really gets off the ground. Moreover, in cases where the school implements mediation as a ``solution`` to chronic violence, pressure to depict the program as successful is intense. So long as it is accepted that the program does what it is supposed to, why question it?

HARD DATA ON PEER MEDIATION PROGRAM SUCCESS IS VERY HARD TO COME BY

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	Finally, many advocates of programs doubt that evaluations, especially the kind typically performed, yield accurate data about the programs` achievements, and some even doubt that useful evaluation of mediation programs is possible. n26 Proponents of conflict resolution programs say that, like all new approaches, these programs take several years to bring about noticeable changes. Evaluations, typically done over the course of one year (often the first that the program is in existence), thus misrepresent the programs` impact. Moreover, some say, even if a sufficiently in-depth longitudinal study could be done, quantitative data on the kinds of changes mediation supposedly produces would be hard, if not impossible, to collect. The change is inside of individual students, especially mediators, and programs may affect different children in different ways. For this reason, anecdotal evidence is plentiful, and bar graphs are few.

CURRENT DATA ABOUT RESULTS OF PEER MEDIATION PROGRAMS ARE WEAK AND UNACCEPTABLE

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	Virtually no studies to date have used pre-implementation testing to establish a baseline. The studies discussed above either did not compare pre- and post- implementation data, or did so by asking teachers and students to compare their memory of pre-implementation classroom environment, for example, with classroom environment at the date of the questionnaire. This method leads to very unreliable results, because such responses are based on dim and variable perceptions.

PEER MEDIATION SOLVENCY EVIDENCE HAS METHODOLOGICAL FLAWS

EVALUATIONS OF PEER MEDIATION PROGRAMS SHOW THEIR RESULTS ARE PROVEN BY EXTREMELY SMALL SAMPLE SIZES

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	The Nature of Program Evaluations     Among the fourteen program evaluations we reviewed for this paper, we found several methodological problems to be endemic. One of the most fundamental was the frequent presence of a small sample 

THE TYPE OF DATA GATHERED TO EVALUIATE PEER MEDIATION PROGRAMS IS BIASED AND PRONE TO ERROR

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	A third limitation of the studies is also apparent from the chart above. The proliferation of ``NA`s`` indicates that current assessments contain limited quantitative information. Evaluators conducted  [*242]  much of the assessment for these programs through follow-up questionnaires given to mediators and faculty. Sometimes they sought reactions from disputants and from others within the community such as parents. This type of qualitative data may be useful, but it is subject to significant bias and potential error. 

EVALUATIONS OF PEER MEDIATION PROGRAMS ARE INADEQUATE BECAUSE THEY ARE NOT RANDOMIZED

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	A second limitation of the studies is that few appear to implement randomization in any form when finding mediators. The vast majority of studies include mediator ``selection,`` either by peers or by teachers. This process inevitably eliminates any genuinely random structure even though the selection process sometimes included efforts to balance gender and ethnicity in proportion with the school population. The primary bias within the selection process derives from emphasis on the ``leadership qualities`` that prospective mediators must usually show. n96 We consider the bias to be implicit where mediators were selected by their peers, and explicit where adults specifically sought these qualities in choosing the mediators. Of the nine studies for which we had selection information, three had adults select the trainees, three had peers select the trainees and two employed some combination that also included volunteers. n97 The inclusion of volunteers contains at least as much and perhaps more inherent selection bias than nomination by adults or peers.

 EVIDENCE FOR THE EFFECTIVENESS OF PEER MEDIATION PROGRAMS FAILS TO PROVE ADVANTAGES

IT CANNOT BE CONCLUDED THAT PEER MEDIATION PROGRAMS IMPROVE ACADEMIC ACHIEVEMENT

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	William S. Carruthers, Brian Sweeny, Dan Kmitta, Gig Harris, Conflict Resolution: An Examination of the Research Literature and a Model for Program Evaluation, 44 The School Counselor 5 (1996). The authors provide a brief summary of results and research on conflict resolution and peer mediation program. The authors note both the high number and low quality of evaluations done to date and point to the need for more, and more systematic, evaluation. ``Criterion-related or external validity for CR and PM programs is not yet well established. We cannot say with statistical confidence that these programs have associational, causative, or predictive relationships to other measures of the populations under study. For instance, although the evidence is encouraging, we cannot say with assurance that training in CR curriculum or experience with PM programs increases academic achievement, decreases the incidence of conflict and violence at school, translates into other settings or situations, or affects school climate. The many studies that have attempted to address these issues have been hindered by methodological flaws.``

PEER MEDIATION PROGRAMS HAVE CHANGED KNOWLEDGE BUT NOT BEHAVIOR, WHICH IS WHAT IS MOST IMPORTANT

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	At the same time, the value of these apparent gains will be short- lived if they do not extend to student behavior as well. Most studies have failed to show a connection between knowledge and behavior, perhaps because the studies have been inadequately designed to do so. While all data suggest a consistently high settlement and compliance rate for cases that go to mediation, it is unclear whether those resolutions have an effect on future behavior, and thus whether peer mediation is more effective in the long term than other means of resolving disputes. The New Mexico study seems to provide the most concrete indication of behavioral change, and even there, the indication is based on informal observation leading to qualitative responses, rather than on quantitative data.

SCHOOL INCIDENT REPORTS SHOW THAT PEER MEDIATION PROGRAMS FAILED TO IMPOROVE SCHOOL CLIMATE

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	Quantitative data, such as school incident reports, support the general conclusion that mediation programs failed to have a significant positive effect on school climate. Overall attendance, suspension, dismissal, and class offense rates showed no discernible change attributable to the introduction of mediation programs. The only notable exception to this result was in the middle school, where there were some signs of possible effects on the number of class offenses committed by students. The change was positive, but not statistically significant, meaning that further study is warranted. n123 Looking at the school climate survey by school, results for the middle school did show statistically significant effects on ``General Climate.`` n124 In addition, ratings for the five subcategories were significantly higher during the years of the mediation program than in the year before its implementation. n125 The elementary and high schools showed no discernible effects during the years of the program. n126 It is possible that mediation programs did have an overall positive effect, both quantitatively and qualitatively, on middle school students, but further study would be required to establish overall statistical significance.

LITTLE CONCRETE EVIDENCE SHOWS THAT PEER MEDIATION AND CONFLICT RESOLUTION PROGRAMS ARE REALLY HELPING STUDENTS

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	The discussion above suggests that teachers and others seeking to make schools less violent, more welcoming, and better at educating children have little solid evidence that peer mediation and other conflict resolution programs are really helping students.

IN ORDER TO JUSTIFY CONTINUED FUNDING, PEER MEDIATION PROGRAMS MUST DEMONSTRATE EMPIRICAL RESULTS

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	This approach on the part of schools seems short-sighted. Dispute resolution does not have acceptance as a basic educational necessity. It is not, at least not yet, viewed as a fundamental skill like reading or mathematics, and there are always competing demands for scarce education funds. It is reasonable to anticipate that both private and public funding institutions will demand proof of its effectiveness relatively soon. When the conceptual novelty dissipates, results must be concrete and appreciable or the funding will go elsewhere. 

ANECDOTAL EVIDENCE (STORIES) ARE INADEQUATE TO PROVE THAT PEER MEDIATION PROGRAMS SUCCEED

WE NEED OBJECTIVE MEASURES OF PEER MEDIATION PROGRAM RESULTS, NOT JUST ANECDOTES

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	It would be wise for program evaluators to assess changes in the frequency of violent incidents, suspensions, and truancy, along with measuring the time teachers devote to teaching. Anecdotal evidence and qualitative data on whether the ``school environment`` has ``improved,`` or whether the effects of mediation have extended to the general community, n150 while very important to schools, students, and teachers, should not come at the expense of more objective measures.

ANECDOTES ABOUT HOW PEER MEDIATION ARE SUCCESSFUL ARE NOT ACCEPTABLE AS PROOF OF SOLVENCY

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	In addition to scale questions seeking information on perceptions of school climate and conflict resolution, studies frequently collect descriptive anecdotes. This qualitative evidence generally suggests positive program results. For example, a teacher from the Brooklyn program stated that the mediation program ``taught (the students)  [*245]  that there are other ways to resolve their conflicts besides fighting.`` n111 Similarly, classroom teachers in Milwaukee found that among student mediators whose records contained previous negative disciplinary reports, ``instances of troublemaking decreased<elip> after participation in the program.`` n112 This type of evidence may be persuasive for those already inclined to support mediation. In fact, one might argue that if one goal of mediation programs is to improve school climate, then the fact that people perceive improvement is itself evidence of success regardless of whether this perception can be verified with objective data. Such assertions will carry little persuasive power, however, for those neutral toward or skeptical of peer mediation programs, unless they are ultimately supported by data regarding reductions in violence, conflict, suspension or other outcomes that could be causally linked to implementation of mediation programs. 

RESEARCH ON PEER MEDIATION PROGRAMS IS SCANTY, BUT THERE ARE LOTS OF ANECDOTES

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	``Research on peer mediation programs is too scanty to determine how successful they are, says Daniel Kmitta, a doctoral student at the University of Cincinnati, who is studying this question. But there is a wealth of anecdotal evidence in favor of such programs, he notes. Students report that they are fighting less often, and teachers say their school climates have improved.`` From ASCD Update.

THERE ARE GOOD STUDIES OF PEER MEDIATION, THE NEGATIVE STUDIES

HART & WEISS STUDY SURVEYED A REPRESENTATIVE SAMPLE OF PEER MEDIATION PROGRAMS

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	After reading about dozens of mediation programs in individual schools and whole districts, however, we believe that our sample is representative. After we visited schools in different places, that belief was reinforced as the differences among schools faded in relation to the similarities.

HAWAII & ALBUQUERQUE STUDIES HAVE GOOD METHODOLOGY

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	Albuquerque and Hawaii Studies     At least two studies have taken a more systematic approach to the evaluation of dispute resolution programs. One is the evaluation conducted by the New Mexico Center for Dispute Resolution of programs in Albuquerque. The other is the University of Hawaii`s Program on Conflict Resolution evaluation of dispute resolution programs in Hawaiian schools. 

 CRARY STUDY SHOWS NO BENEFITS TO THE COMMUNITY FROM PEER MEDIATION PROGRAMS

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	D.R. Crary, Community Benefits from Mediation, 9 Mediation Quarterly 241-252 (Spring 1992) (finding no evidence to support community benefits from mediation, and explaining reasons why this result was not reliable).

HAWAII STUDY SHOWS PEER MEDIATION PROGRAMS DO NOT SOLVE

HAWAII PEER MEDIATION STUDY FOUND NO REDUCTION IN VIOLENCE, VANDALISM, OR DROPOUT RATES

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	Study Results     The Hawaii study produced mixed results. Mediation appears to be an effective way of managing ``undesirable`` student-student conflict, but the mediation programs generally demonstrated no discernible impact on school climate. High settlement and compliance rates, typical of mediation programs, argue for the apparent effectiveness of mediation. Staff, mediator and disputant responses to questionnaires also supported the conclusion that mediation effectively resolved conflicts about misunderstandings, personality differences, and communication problems. n119 The long-term effects also appeared to be positive with respect to these types of disputes. Questionnaire respondents found mediation to be ineffective, however, for reducing violence, vandalism, and dropout rates. In spite of the mixed results, well over two-thirds of staff, mediator, and disputant responses supported using mediation to resolve disputes.

HAWAII STUDY SHOWS THAT PEER MEDIATION PROGRAMS DO NOT IMPROVE SCHOOL CLIMATE

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	 [Hawaii study ] The impact of mediation on school climate appears to be less clear and less promising. While the mediator and disputant questionnaire responses indicated a positive impact, the results of the school climate survey, with few exceptions, show mediation having no discernible impact on school climate.  This finding remained consistent across lower, middle and upper school groups, and it was generally consistent across mediator, disputant, and school staff groupings. n121 It also was consistent in each of the subcategories of school climate, such as morale and growth. Among the seven subcategories, ``Caring`` and ``Respect`` were the only two to show some indication of improvement. The perceived (though not statistically  [*248]  significant) positive effect on Caring was reflected primarily in teacher and student surveys.  

HAWAII PEER MEDIATION STUDY IS THE MOST CONCLUSIVE AND IS NOT FAVORABLE

William S. Haft & Elaine R. Weiss, Harvard Negotiation Research Project, Spring, 1998, Harvard Negotiation Law Review NOTES: Peer Mediation in Schools: Expectations and Evaluations // acs-VT2000
	In reviewing the Hawaii study, we conclude that while it relies to a large degree on qualitative data, this data, unlike that in many previous studies, was rigorously collected and scrutinized, and the results are therefore more reliable than those generated by many other studies that ostensibly evaluated similar issues. In addition, the N in the PCR study is larger, and the study extends over two years, which may be particularly important. In several of the school climate subcategories, study results indicated a discernible improvement in the first year of the study, only to have that progress disappear in the second. For example, school personnel considered ``Morale`` at the middle school to be ``satisfactory`` prior to the project year. In the first project year they found it to be ``more than satisfactory,`` only to find it ``satisfactory`` once again in the second project year. n129 Similar results were obtained at the middle school when students evaluated the subcategory of ``Caring.`` After being ``satisfactory`` prior to the project, students rated it ``more than satisfactory`` in the first project year, then ``satisfactory`` in the second project year. This pattern indicates that the program may have had only a temporary positive effect on some aspects of school climate. This ``bump`` may be attributable to the novelty of the program that dissipates after a year, erasing previous gains. The implication of the study is that while some responding groups (students, teachers, staff and administrators) report peer mediation improving school climate in middle school, the results are generally not encouraging with respect to either intangible relational goals or to tangible behavioral goals (as measured by statistics on attendance and suspensions).

SCHOOL UNIFORMS ARE AN INEFFECTIVE ``BAND-AID`` APPROACH TO SCHOOL PROBLEMS

SCHOOL UNIFORMS ARE JUST AN INEFFECTIVE BAND-AID APPROACH

Marylou Tousignant, Staff Writer, The Washington Post, March 01, 1996, Pg. A01, HEADLINE: Trying Uniforms on for Size; Policy Fad May Not Fix Schools // acs-VT2000
     ``This is just a Band-Aid on a much deeper wound. Problems with juvenile crime and behavior in school are not going to be solved by having uniforms. We`re simply going to delay the problems or drive them deeper,`` said Kent Willis, director of the American Civil Liberties Union of Virginia, which opposes uniforms in public schools as an infringement of the First Amendment`s right of free expression.

SCHOOL UNIFORMS NEGLECT THE REAL ISSUES OF VIOLENCE IN AMERICA

Marylou Tousignant, Staff Writer, The Washington Post, March 01, 1996, Pg. A01, HEADLINE: Trying Uniforms on for Size; Policy Fad May Not Fix Schools // acs-VT2000
     Fairfax School Superintendent Robert R. Spillane agrees it`s a simplistic approach. ``In a society that`s shooting each other over designer coats, changing the clothing so we all look like the Communist Chinese solves the immediate problem of people shooting each other over designer clothes but doesn`t solve the basic problem of why people think they can steal and hurt each other,`` he said.

SCHOOL UNIFORM POLICIES ARE MERELY A BAND-AID SOLUTION TO MUCH LARGER PROBLEMS

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	At best, school uniform policies are purely experimental.... The call for school uniforms is not constructive because it is a Band Aid solution to a set of serious problems that defy easy answers... the fact is that there are no empirical studies that show that uniforms consistently produce positive changes in student behavior over the long run. n80     

SCHOOL UNIFORMS DO NOT DECREASE VIOLENCE OR INCREASES ACADEMIC ACHIEVEMENT

SCHOOL UNIFORMS ARE NOT PROVEN TO INCREASE ACADEMIC ACHIEVEMENT

Marylou Tousignant, Staff Writer, The Washington Post, March 01, 1996, Pg. A01, HEADLINE: Trying Uniforms on for Size; Policy Fad May Not Fix Schools // acs-VT2000
     What`s more, it`s still unproved to many that having Johnny wear a tie to school, and Susie a plaid skirt, will help them learn better. And critics of uniforms point out that most policies have been adopted at the elementary school level, which is not where the serious problems of violence and gang activity have flared. In fact, when uniforms were tried at Forestville High School in Prince George`s a few years ago, ``the kids rebelled,`` said guidance counselor Cecilia Smith, because ``it was going to take their individuality away.``

THERE IS NO CERTAINTY THAT DRESS CODES REDUCE VIOLENCE OR INCREASE ACADEMIC ACHIEVEMENT

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	    Although dress codes are increasing in popularity throughout the United States, educators do not uniformly agree upon the benefits produced by these regulations. There is no certainty that dress codes reduce school violence or improve academic achievement. Furthermore, strict dress codes, which school officials justify because they are aimed at preventing gang violence, have been adopted in several areas that do not have gang problems, undermining some school official`s justifications. 

NO STRONG EVIDENCE THAT SCHOOL UNIFORM POLICIES SUCCEED

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	The arguments of uniform opponents are well summarized in a ``Point of View`` comment found on the Internet, written by Loren Siegel: 
    Are uniforms a good idea? The most concise response to this question is, nobody knows. The superintendent of the Long Beach School District claims that the district`s self-generated data showing decreases in certain forms of student misconduct is proof that uniforms work. But other steps to improve student behavior, like increasing the number of teachers patrolling the hallways during class changes, were also taken by the district around the same time the uniform policy was introduced. Without further study, it is impossible to say with any certainty that uniforms were responsible for the changes. The fact is that there are no empirical studies that show that uniforms consistently produce positive changes in student behavior over the long run. 

NO EMPIRICAL EVIDENCE OF SCHOOL UNIFORM ADVANTAGES, ESPECIALLY IN TERMS OF SCHOOL VIOLENCE

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Student uniforms are not a panacea for all school-related problems, however. Critics of uniform programs point out the lack of statistical evidence substantiating the proposed benefits. See, e.g., Alvez, supra note 2, at 9 (asserting that no empirical evidence exists showing that dress codes inhibit school gang activity); Modzeleski, supra note 7, at 417 (conceding that evidence supporting school uniforms is ``anecdotal``).

 SCHOOL UNIFORMS ARE COUNTER PRODUCTIVE FOR MANY REASONS

Marylou Tousignant, Staff Writer, The Washington Post, March 01, 1996, Pg. A01, HEADLINE: Trying Uniforms on for Size; Policy Fad May Not Fix Schools // acs-VT2000
     Uniform critics, though, say the superficial sameness glosses over deeply rooted social and academic problems, while opening the door to endless litigation over opt-out provisions, parental and student rights, and, indeed, even the fairness of such programs for families that cannot afford to buy uniforms.

SCHOOL UNIFORMS FAIL BECAUSE PEOPLE OPPOSE THEM -- THEY DO NOT WANT TO WEAR UNIFORMS

HIGH SCHOOL STUDENTS STRONGLY OPPOSE SCHOOL UNIFORMS

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Clothing as Expressive Conduct     Though many school administrators believe that uniforms are beneficial, most school districts only implement uniforms at the elementary and middle school levels. The Long Beach school superintendent notes that high school students are resentful of uniform policies: ``[A]t this point we don`t have the courage to mandate it for high school.`` n131 Implicit in this statement is the acknowledgment that as students get older, they care more about how they dress and how others perceive their appearance.

HIGH SCHOOL STUDENTS WILL NOT ACCEPT UNIFORMS

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	The Long Beach policy affects nearly 60,000 students from fifty-six elementary and fourteen middle schools. This policy became the first in the nation to require students to wear uniforms in kindergarten through the eighth grade. The district did not include high schools in the policy because they doubted that the older students would accept the uniforms. 

STUDENTS FEEL ALIENATED FROM SCHOOL DRESS DECISIONS

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	See Francie Latour, Youths Feel Overlooked Amid Restrictions, Boston Globe, Nov. 21, 1996, at A1 (describing how teenagers in Boston public schools are frustrated by their lack of input in policy decisionmaking concerning such issues as youth curfews and school dress codes.

SCHOOL UNIFORM POLICY NEEDS TO HAVE THE SUPPORT OF AND BE IMPLEMENTED BY LOCAL COMMUNITIES

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	No court has made a final determination on the constitutionality of a mandatory school uniform program. Therefore, the only way to ensure the success of a uniform program is to prevent the issue from going to court at all. A school should only consider instituting a uniform policy if it is supported by the community. n187 Parental involvement in the design and implementation of a uniform program is essential to success. n188 In many school districts, parents have led the way in advocating  [*174]  school uniforms. Many parents agree with school officials that uniform policies provide needed discipline in the school environment. 

PARENTAL INVOLVEMENT IS CRUCIAL FOR SUCCESSFUL SCHOOL UNIFORM POLICY

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	See Va. Dep`t of Educ., supra note 108, at 4-5, 7-8 (recommending that school officials engage parent and community organizations in planning school uniform requirements); Woods & Ogletree, supra note 113, at 9 (``[B]efore school districts can successfully implement a uniform dress code policy in their schools, they will need to obtain the active involvement and support of parents.``). 
See U.S. Dep`t of Educ., supra note 8, at 1 (``For uniforms to be a success, as with all other school initiatives, parents must be involved.``). 

 CORPORAL PUNISHMENT IS AN INEFFECTIVE POLICY

PROFESSIONAL GROUPS CONCUR THAT CORPORAL PUNISHMENT IS A BAD POLICY

ERIC BAILEY, TIMES STAFF WRITER, Los Angeles Times, January 28, 1996, SECTION: Part A; Page 3; HEADLINE: LEGISLATORS BRACE FOR DEBATE ON PADDLING //acs-VT2000
     Given such empirical findings, a host of organizations have pushed in recent years to ban corporal punishment, among them the American Academy of Pediatrics, American Medical Assn., American Bar Assn. and American Psychological Assn.

CORPORAL PUINISHMENT IS INEFFECTIVE AS A DISCIPLINARY TOOL

ERIC BAILEY, TIMES STAFF WRITER, Los Angeles Times, January 28, 1996, SECTION: Part A; Page 3; HEADLINE: LEGISLATORS BRACE FOR DEBATE ON PADDLING //acs-VT2000
      The pro-paddling legislation comes despite decades of research showing corporal punishment to be entirely ineffective as a disciplinary tool.
 Several studies have demonstrated a strong correlation between juvenile crime and the use of corporal punishment in the home. While spanking is seen as a quick fix, one four-year study of school troublemakers found that parents who used corporal punishment to correct problems reported that it only got worse in the long run.
 ``The idea that spanking works when other things don`t is one of those truisms that`s false,`` said Murray Straus of the University of New Hampshire`s Family Research Laboratory.

THE REASON FOR THE DECREASE IN CORPORAL PUNISHMENT IS BECAUSE WE HAVE LEARNED THAT IT DOES NOT WORK

Dan Bernstein, Bee Capitol Bureau, Sacramento Bee, January 26, 1996, Pg. A1, HEADLINE: NEW SWING TAKEN TO PUT PADDLES BACK IN SCHOOLS //acs-VT2000
      ``There`s a reason why every state in the country had corporal punishment 30 or 40 years ago and now only 22 states allow it,`` said Jeth Gold, assistant director of Legal Services for Children, a San Francisco-based, nonprofit law firm for youth. ``The reason is that we found spanking kids and hitting them in school as a way to teach them doesn`t work.``

CORPORAL PUNISHMENT IS MORE LIKELY TO CONFUSE STUDENTS THAN TO TEACH A POSIVE LESSON

Editorial, Los Angeles Times, January 11, 1996, Part B; Page 8; HEADLINE: A BETTER PENALTY THAN PADDLING //acs-VT2000
     Paddling may provide some emotional satisfaction to those who want to strike a blow at crime, but its supporters` claims that youngsters will be reformed are dubious. The method is much more likely to confuse youngsters about whether violence is an appropriate way of righting wrongs.

CORPORAL PUNISHMENT OF JUVENILES SHOULD NOT BE USED TO REDUCE JUVENILE CRIME

ERIC BAILEY, TIMES STAFF WRITER, Los Angeles Times, January 28, 1996, SECTION: Part A; Page 3; HEADLINE: LEGISLATORS BRACE FOR DEBATE ON PADDLING //acs-VT2000
      While capturing headlines, the Republican Party`s embrace of corporal punishment has come under a blistering assault. A host of paddling opponents -- armed with three decades of research they say proves the evils of corporal punishment -- have banded with Assembly Democrats for what has become an unremitting partisan fight.

JUVENILE CRIME AND TRUANCY ROSE IN STATES WHICH ALLOWED CORPORAL PUNISHMENT

Dan Bernstein, Bee Capitol Bureau, Sacramento Bee, January 26, 1996, Pg. A1, HEADLINE: NEW SWING TAKEN TO PUT PADDLES BACK IN SCHOOLS //acs-VT2000
      Opponents of paddling counter that juvenile crime and truancy also have risen in states that have corporal punishment in their schools. In addition, they argue, paddling often results in punishment disproportionate to the offense.

CORPORAL PUNISHMENT IS COUNTER PRODUCTIVE IN MANY WAYS

Dan Bernstein, Bee Capitol Bureau, Sacramento Bee, January 26, 1996, Pg. A1, HEADLINE: NEW SWING TAKEN TO PUT PADDLES BACK IN SCHOOLS //acs-VT2000
     Opponents of restoring corporal punishment say it promotes violence as a way to solve problems, generates hatred among students toward teachers and schools, and opens the door to child abuse and serious injury.

CORPORAL PUNISHMENT PROMOTES VIOLENCE

CORPORAL PUNISHMENT PHYSICALLY DAMAGES YOUNG PEOPLE AND TEACHES THEM TO BE VIOLENT

ERIC BAILEY, TIMES STAFF WRITER, Los Angeles Times, January 28, 1996, SECTION: Part A; Page 3; HEADLINE: LEGISLATORS BRACE FOR DEBATE ON PADDLING //acs-VT2000
     Researchers also argue that corporal punishment can lead to embitterment, anger and, in the worst cases, produce symptoms of post-traumatic stress disorder -- headaches, stomach aches and vomiting -- while teaching impressionable youths the contradictory lesson that violence is the way to solve problems.

CHILDREN IMITATE AGGRESSIVE BEHAVIOR, AND WILL IMITATE CORPORAL PUNISHMENT

ERIC BAILEY, TIMES STAFF WRITER, Los Angeles Times, January 28, 1996, SECTION: Part A; Page 3; HEADLINE: LEGISLATORS BRACE FOR DEBATE ON PADDLING //acs-VT2000
      A 1965 clinical study by Stanford University found that children invariably imitate aggressive behavior. One recent nationwide statistical survey discovered that schools employing corporal punishment were experiencing a higher rate of vandalism.
 ``It simply makes kids angrier, teaching them that might makes right,`` said Irwin Hyman of the National Center for the Study of Corporal Punishment and Alternatives at Temple University. ``And there is overwhelming evidence that when people are given the power to inflict pain on others, it will be abused.``

CORPORAL PUNISHMENT HAS SERIOUS LONG TERM NEGATIVE EFFECTS

Dan Bernstein, Bee Capitol Bureau, Sacramento Bee, January 26, 1996, Pg. A1, HEADLINE: NEW SWING TAKEN TO PUT PADDLES BACK IN SCHOOLS //acs-VT2000
     Murray Straus, a sociology professor at the University of New Hampshire and author of a book on corporal punishment, said hitting a child may control behavior in the short term but it is damaging in the long run.
 ``When teachers settle problems by hitting kids, it provides a very powerful example for kids to settle their problems with others by hitting them,`` said Straus, co-director of the university`s Family Research Lab. He said one national study found a direct correlation between corporal punishment in schools and the rate of violence at those schools. He acknowledged that incidents of school violence could have prompted the punishment, but said at the very least, the study showed that hitting children does not reduce the level of school violence.

CORPORAL PUNISHMENT TEACHES THAT USING VIOLENCE TO SOLVE PROBLEMS IS RIGHT

MARY SULLIVAN, The San Diego Union-Tribune, February 1, 1996, Ed. B-11; BODY: Is corporal punishment civilized or is it brutal? // acs-VT2000
     I have a question for proponents of paddling. How can we teach children that hitting others is wrong and that using violence to solve problems is wrong if, as adults, we use these methods to punish children? If we want to humiliate these kids, make them get up Saturday mornings and pick up trash at the parks where their friends are or in the neighborhoods in which they live, or donate their time to helping the elderly in their communities. Brutalizing children teaches brutality; let us not contribute to more violence. 

CORPORAL PUNISHMENT TEACHES CHILDREN THE WRONG MESSAGE ABOUT VIOLENCE

ERIC BAILEY, TIMES STAFF WRITER, Los Angeles Times, January 28, 1996, SECTION: Part A; Page 3; HEADLINE: LEGISLATORS BRACE FOR DEBATE ON PADDLING //acs-VT2000
      Foes say it is a myth with no basis in fact. They point to studies showing that paddling and other forms of physical punishment teach children the wrong lessons about violence while breeding resentment and anger among confused adolescents.

CORPORAL PUNISHMENT WILL BE ABUSED -- AND THAT IS CHILD ABUSE

CORPORAL PUNISHMENT IS LEGALIZED CHILD ABUSE

Dan Bernstein, Bee Capitol Bureau, Sacramento Bee, January 26, 1996, Pg. A1, HEADLINE: NEW SWING TAKEN TO PUT PADDLES BACK IN SCHOOLS //acs-VT2000
     To drive home their point, opponents on Thursday held a press conference at which they displayed photographs -- collected by Hyman -- showing large bruises on children they said had been paddled in schools in other states.
 They also demonstrated the force of a wooden paddle by striking a mannequin so that it split a watermelon taped to its rear end.
 ``I see this as a form of legalized child abuse in California,`` said Assemblywoman Jackie Speier, D-Burlingame.

CORPORAL PUNISHMENT POWERS WILL BE ABUSED

Dan Bernstein, Bee Capitol Bureau, Sacramento Bee, January 26, 1996, Pg. A1, HEADLINE: NEW SWING TAKEN TO PUT PADDLES BACK IN SCHOOLS //acs-VT2000
     ``The biggest risk is when you give people power to inflict pain on others, it will be abused,`` said Irwin Hyman, director of the National Center for the Study of Corporal Punishment and Alternatives at Temple University.

CORPORAL PUNISHMENT IS BARBARIC AND UNCONSTITUTIONAL

ERIC BAILEY, TIMES STAFF WRITER, Los Angeles Times, January 28, 1996, SECTION: Part A; Page 3; HEADLINE: LEGISLATORS BRACE FOR DEBATE ON PADDLING //acs-VT2000
     They also raise constitutional questions. Despite a state attorney general`s opinion arguing that Conroy`s anti-graffiti legislation would pass legal muster, opponents suggest that paddling is barbaric and unconstitutional, a punishment that doesn`t fit the crime.

CORPORAL PUNISHMENT SHOULD BE KEPT IN SCHOOLS WHICH HAVE IT

CORPORAL PUNISHMENT SHOULD NOT BE BANNED AS REGARDS JUVENILES

ERIC BAILEY, TIMES STAFF WRITER, Los Angeles Times, January 28, 1996, SECTION: Part A; Page 3; HEADLINE: LEGISLATORS BRACE FOR DEBATE ON PADDLING //acs-VT2000
     ``These juveniles need to be held accountable for their actions,`` Conroy said. ``It`s straight forward and simple. Let`s get back to basics. If you break the law or misbehave in class, you will be punished. Corporal punishment works.``

CORPORAL PUNISHMENT IN SCHOOL CORRELATES WITH ACADEMIC ACHIEVEMENT

Dan Bernstein, Bee Capitol Bureau, Sacramento Bee, January 26, 1996, Pg. A1, HEADLINE: NEW SWING TAKEN TO PUT PADDLES BACK IN SCHOOLS //acs-VT2000
      But for Conroy, the evidence supporting corporal punishment is as plain as the daily headlines. Since paddling was banned in California schools, juvenile crime and truancy have risen, and school test scores have plummeted. ``Kids have everything going their way with no fear of any penalty,`` Conroy said. ``You can`t educate society if you don`t have discipline.``

CORPORAL PUNISHMENT CAN HELP KEEP THE PEACE IN SCHOOLS

ERIC BAILEY, TIMES STAFF WRITER, Los Angeles Times, January 28, 1996, SECTION: Part A; Page 3; HEADLINE: LEGISLATORS BRACE FOR DEBATE ON PADDLING //acs-VT2000
     ``Over the last 30 years we`ve failed to correct our youth with stern punishment,`` Conroy said. ``As a result, school districts like Los Angeles Unified have more than 300 armed police officers walking the halls trying to keep the peace.``
 He is certainly not alone in feeling frustrated and believing that corporal punishment could help. A 1994 national survey found that 68% of parents believed that spanking was appropriate, down from 94% in 1968 but still a solid majority. 

CORPORAL PUNISHMENT IS CIVILIZED AND SHOWS RESPECT FOR INDIVIDUALS

GENE T. BAHLMAN , The San Diego Union-Tribune, February 1, 1996, Ed. B-11; BODY: Is corporal punishment civilized or is it brutal? // acs-VT2000
     Paddlings, public floggings and chain gangs are not manifestations of those in power inflicted upon the less powerful; they are manifestations of civilized people attempting to civilize uncivilized people.
 I am sure that legislators advocating these forms of punishment would feel terribly humiliated if they or their children were to have these forms of punishment inflicted upon them for their misdeeds. This, after all, is the desired effect, which we hope would cause uncivilized persons to change their behavior. 

PUBLIC CORPORAL PUNISHMENT HELPS PREVENT OTHER DISCIPLINE PROBLEMS

WILLIAM P. O`BRIEN, The San Diego Union-Tribune, February 1, 1996, Ed. B-11; BODY: Is corporal punishment civilized or is it brutal? // acs-VT2000
     Instead of asking how someone would feel to be publicly humiliated, James Wood might ask if public humiliation would modify behavior enough to prevent the crime being committed. Peer pressure is strong and it can work for, as well as against, civilization. It won`t stop all crime, but public punishment will prevent a great deal more crime, particularly juvenile crime, than our current method of punishment. Public punishment cannot be lied about or glamorized, as can a trip to ``juvie.`` 

SINGAPORE EXPERIENCE SHOWS THAT CORPORAL PUNISHMENT IS CIVILIZED AND EFFECTIVE

DAVID MILLER, The San Diego Union-Tribune, February 1, 1996, Ed. B-11; BODY: Is corporal punishment civilized or is it brutal? // acs-VT2000
     Are public paddlings and floggings a threat to civilization as claimed by James Wood? Not if you compare Singapore`s almost zero crime rate with our ``civilization`` and its world`s highest, out-of-control crime rate. Our ``civilization`` is under a serious threat because of permissive attitudes that have evolved in the last 50 years, which excuse wrongdoers from taking responsibility for their actions and suffering the consequences. 

A SWAT ON THE BUTT CAN HELP STUDENTS BECOME PRODUCTIVE ADULTS

Dan Bernstein, Bee Capitol Bureau, Sacramento Bee, January 26, 1996, Pg. A1, HEADLINE: NEW SWING TAKEN TO PUT PADDLES BACK IN SCHOOLS //acs-VT2000
     Glen Pitts has taught elementary school students both with the paddle and without it, and he is convinced that an occasional swat on the backside has helped many once-disruptive pupils become responsible adults.
 ``As we have different kids with different behaviors, we need different methods of discipline,`` said Pitts, who has taught for 15 years in the Stockton Unified School District. ``There are children out there who respond to corporal punishment.``

CLOSED CAMPUS PLANS ARE NOT A GOOD POLICY

CLOSED CAMPUS IS TOO COSTLY TO ADMINISTER FOR MANY SCHOOLS

SHARON L. JONES Staff Writer, The San Diego Union-Tribune, October 8, 1995, Pg. A-1, HEADLINE: Should kids stay on campus for lunch? // acs-VT2000
     Joe Ogilvie, Patrick Henry`s head counselor and a parent, is ambivalent about closing the campus. On one hand, he understands parental concerns for safety. On the other, he believes a closed campus is too costly to administer.
 ``If we`re going to try to put a net around the place, it`ll take every available person to do supervision,`` Ogilvie said. ``Then we`re going to have to deal with referrals of kids who leave anyway.
 ``It`s going to suck up time. And one of the issues in schools these days is your time is extremely precious.``

OPEN CAMPUS FAVORED BY TWO STUDENT STUDY GROUPS

SHARON L. JONES Staff Writer, The San Diego Union-Tribune, October 8, 1995, Pg. A-1, HEADLINE: Should kids stay on campus for lunch? // acs-VT2000
     Special committees at two high schools -- Patrick Henry and Serra -- considered the pros and cons of closed campuses in 1990. Both groups reached the same conclusion: Keep the campus open.

CLOSING CAMPUSES AT LUNCH TIME IS NOT EFFECTIVE

SHARON L. JONES Staff Writer, The San Diego Union-Tribune, October 8, 1995, Pg. A-1, HEADLINE: Should kids stay on campus for lunch? // acs-VT2000
     Principals oppose closure district`s senior high school principals are united in their opposition to closing the campuses. They question the costs and feasibility of keeping students on campus the entire scool day. And they challenge the accuracy of police data on juvenile crime near their schools.
 ``For the few students who have poor judgment, we`ll be punishing the greater number of students,`` said Rachel T. Flanagan, Mira Mesa High principal.

STAGGERED LUNCH PERIODS INCREASE TRUANCY

SHARON L. JONES Staff Writer, The San Diego Union-Tribune, October 8, 1995, Pg. A-1, HEADLINE: Should kids stay on campus for lunch? // acs-VT2000
     Alvarez, principal at Hoover High in City Heights. 
 Alvarez says few high school principals feel their staffs could feed all of their students in one lunch period. Principals say staggered lunch periods would create new incentives for skipping class.

SPECIAL PROGRAMS CAUSE DEMANDS BY OTHERS FOR SPECIAL PROGRAMS

ENTITLEMENTS WHICH ACCRUE TO STUDENTS IN SPECIAL ED CLASSES, LEAD TO PARENTS WANTING THEIR CHILD IN THE PROGRAM

DAVID ALAN GILMAN, PROFESSOR AND RICHARD ANDREW, POST DOCTORAL STUDENT, INDIANA STATE UNIVERSITY, TERRE HAUTE. 1997, PRINCIPAL, ``WHY NOT SPECIAL EDUCATION FOR EVE RYON E? ``HE E2000 HT P 58
	In years past, parents tried to spare their children from being labeled ``handicapped`` or ``needs special education.`` But today, because of the entitlements that accrue to students in special education classes, some parents lobby to have children placed in them.

SOME SAY ALL STUDENTS HAVE SPECIAL NEEDS

DAVID ALAN GILMAN, PROFESSOR AND RICHARD ANDREW, POST DOCTORAL STUDENT, INDIANA STATE UNIVERSITY, TERRE HAUTE. 1997, PRINCIPAL, ``WHY NOT SPECIAL EDUCATION FOR EVERYONE`` // E E2000 HT P 57
	Some are already saying that all students have special needs (Evans, Holland, and Nichol 1996), and we indeed may be approaching a time when the entire school population will be so labeled. In this scenario almost everyone would be enrolled in a special education curriculum, requiring an IEP to guide instruction.

MAINSTREAM OF DISABLED STUDENTS IS AN UNWISE POLICY

FULL INCLUSION IS NOT BEST POLICY WITH SEVERE DISABLED STUDENTS

ALLAN S. VANN, PRINCIPAL, ELWOOD SCHOOL DISTRICT, HUNTINGTON, NY. 1997, PRINCIPAL, `` PUSH-INS, PULLOUTS AND INCLUSION`` // EE2000 HT P 54
	Although  the current pendulum swing is towards full inclusion for children with disabilities wherever possible, I am not convinced that this is always the best policy for all children-both those with and without disabilities. It`s fine to say in the abstract that all children should be educated in the regular classroom. However, we have found that for some children full inclu sion in the regular classroom is not the best setting for them to learn what they need to know in order to achieve their fullest potential. Although I support inclusion for children with mild to mod erate learning disabilities or speech/lan guage impairments, I believe pullouts are simply a better way of meeting the needs of those with severe disabilities.

STRONGEST PROGRAM FOR DISABLED STUDENTS IS TAILORED TO THEIR NEEDS

ALLAN S. VANN, PRINCIPAL, ELWOOD SCHOOL DISTRICT, HUNTINGTON, NY. 1997, PRINCIPAL,`` PUSH-INS, PULLOUTS AND INCLUSION`` // EE2000 HT P 56
	Providing inclusion for children with academic deficiencies should follow the same pattern as determining how reading should be taught. Some children will learn to read more easily through  phonics,  others through whole language reading programs blend both styles. Similarly, some children with disabilities will benefit most from remaining in their  regular classroom, while others will fit more from pullouts.
	The strongest program for all of children is one that provides both approaches or a combination best suited for each individual child.

FULL INCLUSION NOT REALISTIC OR DESIRABLE

ALLAN S. VANN, PRINCIPAL, ELWOOD SCHOOL DISTRICT, HUNTINGTON, NY. 1997, PRINCIPAL, `` PUSH-INS, PULLOUTS AND I NCLU SION `` // EE2000 HT P 56
	Full inclusion may indeed be a while goal, but from what I have experienced  in my 30 years as an educator it is neither realistic nor desirable. The focus should of the current inclusion debate  not be all-or-nothing, but how we call provide the best available placement for each child on an inclusion continuum.

ADVANTAGES AND DISADVANTAGES OF CLASSROOM INCLUSION OF DISABLED STUDENTS

ALLAN S. VANN, PRINCIPAL, ELWOOD SCHOOL DISTRICT, HUNTINGTON, NY. 1997, PRINCIPAL, `` PUSH-INS, PULLOUTS AND INCLUSION`` // EE2000 HT P 55
	Advantages and Disadvantages. Our experiment with self-contained classrooms was successful in some respects unsuccessful in others. There were two major benefits in grouping the disruptive and severely deficient children. First, they did not inhibit the education of others, as would have been the case had they been mainstreamed. Second,  they were able to receive large daily blocks of time for intensive individual and small-group assistance.
	The biggest disadvantages were that children in this group were rarely able to observe positive behavior role models, and that discussions of subject matter were virtually nonexistent because of their severe academic and language deficits. 

SUCCESS IS POSSIBLE WITH INCLUSION AND SEPARATION

ALLAN S. VANN, PRINCIPAL, ELWOOD SCHOOL DISTRICT, HUNTINGTON, NY. 1997, PRINCIPAL, `` PUSH-INS, PULLOUTS AND INCLUSION`` // EE2000 HT P 56
	With the success we have had teaching children with disabilities -- including some who-were blind, deaf, wheelchair bound, or affected by Down`s syndrome -- in regular classroom settings, conventional wisdom might say that separating children with academic deficiencies  should be ``a piece of cake.`` However, these children also need focused assistance  that sometimes can best be given outside the regular classroom.

ONE CLASSROOM`S INCLUSION FREQUENCY HINDERED ACADEMIC ACCOMPLISHMENTS

ALLAN S. VANN, PRINCIPAL, ELWOOD SCHOOL DISTRICT, HUNTINGTON, NY. 1997, PRINCIPAL, `` PUSH-INS, PULLOUTS AND INCLUSION`` // EE2000 HT P 55
	The other self-contained class, generally a more positive experience, also created some problems. Children were mainstreamed so frequently that the special education teacher had difficulty finding substantial blocks of uninterrupted time for the intensive lessons in basic skills that the students needed.

COURT ORDERED SCHOOL DESEGREGATION IS AN UNWISE POLICY

FOCUS ON COURT ORDERED DESEGREGATION TAKES ATTENTION AWAY FROM DEALING WITH REAL RACIAL DISADVANTAGES IN AMERICAN EDUCATION

BRADLEY W. JOONDEPH, Professor of Law, Washington University, Spring, 1998; Washington University Law Quarterly ARTICLE: SKEPTICISM AND SCHOOL DESEGREGATION // acs-VT2000
	 [*169]  Finally, extricating school desegregation from the courts might have the salutary effect of shifting attention from the narrow objective of compensating the victims of past de jure segregation to the more pertinent goal of eliminating systemic racial disadvantage in American public education. Because courts are institutionally ill-suited to address social problems as broad as those raised by school segregation, they tend to compress such issues into narrow conceptual models. n42 In the context of school desegregation, the Supreme Court has created a doctrine largely modeled on the private law of torts: the actionable wrong is the discrete act of de jure segregation by the school district, and the remedy must aim only to return the school system and its students to the positions they would have occupied had the district never discriminated. n43 Perhaps this private law model has been the most practicable way for the judiciary to discharge its obligations with respect to school segregation, but it is a wholly inadequate description of the problem of racial disparities in America`s schools. Moving from litigative to political initiatives might help move the polity`s focus away from attempting to compensate for specific acts of past de jure segregation and more towards addressing the systemic reasons that the average black child receives an inferior public education.

IT IS BEST TO PURSUE LEGISLATIVE SOLUTIONS TO SCHOOL SEGREGATION, NOT COURT SOLUTIONS

BRADLEY W. JOONDEPH, Professor of Law, Washington University, Spring, 1998; Washington University Law Quarterly ARTICLE: SKEPTICISM AND SCHOOL DESEGREGATION // acs-VT2000
	Political initiatives that produce nothing tangible today may sow the seeds for significant change in the future. And efforts to continue court-ordered remedies, by diverting resources from political organization and cultivating no underlying political support for the project, may lessen the likelihood of more thorough reform in the future. As we face a new era in desegregation, we should be mindful that, although courts play an important role in protecting the rights of minorities in a democracy, the major redistributive initiatives of this century - the New Deal and the civil rights revolution - were almost exclusively the product of political action. I suspect the same will be true of any meaningful attempt in the future to equalize opportunity in America`s public schools. 

SCHOOL INTEGRATION SHOULD NOT BE PURSUED THROUGH THE COURTS

BRADLEY W. JOONDEPH, Professor of Law, Washington University, Spring, 1998; Washington University Law Quarterly ARTICLE: SKEPTICISM AND SCHOOL DESEGREGATION // acs-VT2000
	I have previously voiced such criticisms myself, n33 and I still believe those contentions to be largely correct. But in considering many of the criticisms of school desegregation in practice, and in thinking about the prospects for alleviating educational inequalities in the next century, I have cultivated a pragmatic skepticism of my own. While I still believe strongly that integration is a goal worth pursuing, both for intrinsic and instrumental reasons, I question the wisdom of continuing to pursue desegregation through the federal courts into the indefinite future.

COURT ORDERED INTEGRATION OF SCHOOLS CANNOT BE SUCCESSFUL

BRADLEY W. JOONDEPH, Professor of Law, Washington University, Spring, 1998; Washington University Law Quarterly ARTICLE: SKEPTICISM AND SCHOOL DESEGREGATION // acs-VT2000
	First, the objectives attainable through the continuation of court-ordered desegregation are extraordinarily limited compared to the enormity of the problem of racial disparities in public education. Clearly, the continuation of desegregation remedies may be important and meaningful in particular communities; St. Louis might be a conspicuous example, particularly because the plan requires the State of Missouri to devote substantial funding  [*167]  to inner city schools. n34 But the permissible goals for court-ordered desegregation plans are narrowly circumscribed: because of Milliken I, the plans generally cannot foster significant socioeconomic integration, and, regardless, remedies can only target existing conditions that are causally traceable to past de jure segregation. In short, litigating for the continuation of desegregation remedies administered by federal courts, while absorbing substantial resources, may have limited potential for mitigating educational inequalities.

BUSSING TO SOLVE SCHOOL RACIAL SEGREGATION IS AN UNWISE POLICY

BUSING HAS NOT HELPED STUDENTS LEARN MORE

John M. Vickerstaff, January, 1998, Journal of Law & Education, CHALK TALK: Getting Off The Bus: Why Many Black Parents Oppose Busing // acs-VT2000
	A more education-oriented argument against busing is that it hasn`t helped black students learn more. Many black parents supported busing in the 1970`s and 1980`s because they hoped their children would get better educations in predominantly white schools, which tended to have higher average test scores. However, many busing opponents claim that black students have maintained their relatively low test scores even after attending the ``better`` white schools.

BUSSING MAKES PARENTAL INVOLVEMENT IN SCHOOLS MORE DIFFICULT

John M. Vickerstaff, January, 1998, Journal of Law & Education, CHALK TALK: Getting Off The Bus: Why Many Black Parents Oppose Busing // acs-VT2000
	Another complaint against busing is that it makes effective parental involvement more difficult. n17 Parents of bused children must travel many extra miles to visit their children`s teachers or to serve as school volunteers. In addition, some parents feel less comfortable visiting a school in a strange neighborhood or dealing with teachers and administrators who are unable or unwilling to relate to them as well.

BUSSING LOWERS THE QUALITY OF LIFE IN AFRICAN AMERICAN NEIGHBORHOODS

John M. Vickerstaff, January, 1998, Journal of Law & Education, CHALK TALK: Getting Off The Bus: Why Many Black Parents Oppose Busing // acs-VT2000
	Another charge leveled against busing is that it destroys black neighborhoods. Children who are forced to spend six hours a day in another neighborhood feel less connected to their own neighborhood. Some people even assign busing some of the blame for high crime rates among black youths, saying it`s unreasonable to expect children to have respect for the residents and property in their neighborhoods when they are deprived of an important connection with their neighborhoods that schools provide. n23 Indeed, busing forces large percentages of black children out of their neighborhoods. For example, in Jefferson County, Kentucky, approximately half of all black children in predominantly black neighborhoods are denied access to their neighborhood schools.

BUSSING HAS BEEN A MAJOR FAILURE IN BOSTON

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	A veteran educator in Boston, where bussing continues, declared, ``To go through such a traumatic process, to lose 40,000 students in the school system, to lose teaching staff, to lose the reputation of an education system that Boston has never regained, was it worth it?... My judgement is no.`` Jonathan Tilove, Desegregation: Will We Turn Back the Clock?, The Commercial Appeal, Feb. 2, 1992, at B6 (stating that forty years after Brown I, ``America`s enthusiasm for school desegregation is spent``). 

BUSSING TEACHES CHILDREN THAT IT IS BAD TO BE BLACK AND THAT THEY NEED TO BE AROUND WHITE STUDENTS IN OPRDER TO LEARN

John M. Vickerstaff, January, 1998, Journal of Law & Education, CHALK TALK: Getting Off The Bus: Why Many Black Parents Oppose Busing // acs-VT2000
	Additionally, some parents worry that busing teaches their children that it is bad to be black or that they must be around white people to learn. n21 Many busing plans are built around a quota system with a maximum percentage of black students at each school. Some black parents question why that is necessary. Justice Clarence Thomas agreed, and wrote in his concurring opinion in  [*161]  Missouri v. Jenkins: ``It never ceases to amaze me that the courts are so willing to assume that anything that is predominantly black must be inferior.``

MANY PARENTS OPPOSE BUSSING FOR THEIR CHILDREN

John M. Vickerstaff, January, 1998, Journal of Law & Education, CHALK TALK: Getting Off The Bus: Why Many Black Parents Oppose Busing // acs-VT2000
	Parents who oppose busing do so for a variety of reasons: their own negative childhood experiences; a desire that their children not be on school buses for several hours a day; and a dislike of busing for social or moral reasons. This section will examine several of those social and moral reasons. 

IN-SCHOOL DAY CARE PROGRAMS FOR TEEN MOTHERS ARE AN UNWISE POLICY

CHILD CARE ALONE WILL NOT KEEP MOTHERS IN SCHOOL -- MANY OTHER SUPPORT PROGRAMS WILL BE NEEDED

Janet Coburn, January 1, 1999;  School Planning and Management; Pg. 67 HEADLINE: Child care in high schools; school day care centers for children of teenage parent students // acs-VT2000
	Provide a comprehensive program. ``Child care by itself is not a panacea for getting young women to return to school,`` warns Redd. ``They have other concerns as well. These young parents need different kinds of support. Make sure that those supports are there.`` Attendance problems, housing problems, family difficulties, and career concerns are among the other issues that may impede the educational process. 

IT ISN`T JUST BABYSITTING, A COMPREHENSIVE MULTI-AGENCY APPROACH IS NEEDED

Janet Coburn, January 1, 1999;  School Planning and Management; Pg. 67 HEADLINE: Child care in high schools; school day care centers for children of teenage parent students // acs-VT2000
	``It`s more than just babysitting,`` agrees Kelleher. ``Assess the needs of your population, then try to get collaboration from different agencies - welfare, WIC, the Urban League, Head Start, etc. They are usually willing to help.`` 

IN-SCHOOL CHILD CARE PROGRAMS STIR UP ANGER AND CONTROVERSY

Janet Coburn, January 1, 1999;  School Planning and Management; Pg. 67 HEADLINE: Child care in high schools; school day care centers for children of teenage parent students // acs-VT2000
	Most programs, however, stir up more controversy, at least in their early stages. 
``Plan for a lot of political kinds of meetings,`` advises Biddle. ``There will be discussion of whether these programs promote teen pregnancy by making it easier for the teen moms.`` She also notes that other teachers in the school can make the process more difficult if they don`t strongly support it. citing instances of faculty and staff criticizing the young women who had to walk past their classes to get to the child care center. 

ALL LEVELS OF IN-SCHOOL DAY CARE PROGRAMS EXPERIENCE DIFFICULTIES

Janet Coburn, January 1, 1999;  School Planning and Management; Pg. 67 HEADLINE: Child care in high schools; school day care centers for children of teenage parent students // acs-VT2000
	The programs we looked at in preparing this article range from the modest - an alternative high school with child care slots for 15 - to the extensive - a districtwide program in Philadelphia that serves up to 378 children. All struggle with issues including funding, caregiver training, support services, and facilities.

IN-SCHOOL DAY CARE NEEDS TO CHARGE A FEE TO WORK, BUT NOT ALL CAN PAY

Janet Coburn, January 1, 1999;  School Planning and Management; Pg. 67 HEADLINE: Child care in high schools; school day care centers for children of teenage parent students // acs-VT2000
	Most programs also require teen morns to pay a fee - usually minimal and often paid by county assistance, but a vital element nonetheless. ``My feeling is that they need to get in the mode of having that bill to pay,`` Kelleher remarks. In Sciame`s program, teen moms have a co-pay fee of $ 1-$ 3 per day - or $ 6 per day if they don`t qualify for public assistance. ``That`s still way below cost,`` she notes. ``But we know some students can`t pay it. What should we do? We can`t do it for free. Have car washes to raise money? Take the time to chase grants?`` 

CARE-GIVERS IN SCHOOL DAY CARE CENTERS NEED EXTENSIVE TRAINING

Janet Coburn, January 1, 1999;  School Planning and Management; Pg. 67 HEADLINE: Child care in high schools; school day care centers for children of teenage parent students // acs-VT2000
	Redd points out that caregivers need training in curriculum and infant/toddler development, but that they must also be able to interact with the teen parents, who need different kinds of support than the average child care consumer. ``You have to invest in training,`` she warns. ``It`s labor-intensive.`` 

TRANSPORTATION PROBLEMS CAN CRIPPLE IN SCHOOL DAY CARE

Janet Coburn, January 1, 1999;  School Planning and Management; Pg. 67 HEADLINE: Child care in high schools; school day care centers for children of teenage parent students // acs-VT2000
	Beyond the broad issues of high school campus child care, however, there are day-to-day problems that can make or break a program. Several people cited transportation problems, for example. In the case of the Dayton, OH program, when the child care center was moved to one school building, while the teen moms had to travel to another to take classes, enrollment dropped so sharply that slots became available for children of faculty and staff. 

BILINGUAL EDUCATION IS AN UNWISE POLICY

BILINGUAL EDUCATION HAS FAILED

RON K. UNZ, CHAIRMAN FOR ENGLISH FOR THE CHILDREN. 1998, HIGH SCHOOL MAGAZINE, `` BILINGUAL EDUCATION A FAILED EXPERIMENT`` HEE2000 HT P. 45
	Bilingual education began some 30 years ago as a well intentioned experimental program of language acquisition. It is now time to admit that the experiment has failed, and switch our schools to the system used successfully in most of the rest of the world.

BILINGUAL EDUCATION STUDENTS GO ON TO  MAKE LESS MONEY LATER IN LIFE

Mark Lopez, assistant professor in the School of Public, Affairs at the University of Maryland, March 29, 1998, Los Angeles Times; Part M; Page 6; HEADLINE: THE STATE;   SHOULD BILINGUAL ED IMPROVE STUDENTS` EARNING PROSPECTS? // acs-VT2000
	When we looked at income levels of all bilingual-education students, regardless of ethnic background, they did not significantly differ 10 years after graduation relative to a comparison group. But bilingual education did not affect all students similarly. For example, our study found that Latino immigrant bilingual-ed students earned approximately 37% less than Latino immigrants who did not have bilingual education, and that children of Latino immigrants who took bilingual education earned about 27% less. These differences in income levels disappeared among the Latino grandchildren of immigrants. 

BILINGUAL EDUCATION PROGRAMS FAIL BECAUSE THEY LACK SKILLED TEACHERS NECESSARY FOR SUCCESS

Mark Lopez, assistant professor in the School of Public, Affairs at the University of Maryland, March 29, 1998, Los Angeles Times; Part M; Page 6; HEADLINE: THE STATE;   SHOULD BILINGUAL ED IMPROVE STUDENTS` EARNING PROSPECTS? // acs-VT2000
	Second, there is solid evidence that bilingual-education programs have been and continue to be stretched to their resource limits. More and more students of differing language backgrounds are entering schools that are already ill-equipped to handle the increasing demand for bilingual education. As a result, poor student performance may be more a reflection of the quality of strained programs than flaws in the concept of bilingual ed. 

BILINGUAL EDUCATION PROGRAMS DO NOT REDUCE SCHOOL DROP OUT RATES

Mark Lopez, assistant professor in the School of Public, Affairs at the University of Maryland, March 29, 1998, Los Angeles Times; Part M; Page 6; HEADLINE: THE STATE;   SHOULD BILINGUAL ED IMPROVE STUDENTS` EARNING PROSPECTS? // acs-VT2000
	In our research, a colleague, Marie Mora, and I have used a sample consisting of high school sophomores from across the nation who were enrolled in bilingual-ed programs in 1980 or before. Ten years after their graduation in 1982, these students were surveyed to determine how they were faring in the workplace. A group of contemporaries who were qualified to enroll in bilingual ed but did not, for whatever reasons, served as the comparison group. 
Contrary to expectations, enrollment in bilingual programs generally did not play a significant role in a student`s decision to drop out or stay in school. Rather, it affected when a student dropped out. Bilingual-ed students tended to quit school earlier than their nonbilingual-ed counterparts. Moreover, once having dropped out, the bilingual-education students were less likely to return to school to earn a general equivalency degree. They were also less likely to obtain a bachelor`s degree. These findings on education attainment are particularly important for Latinos, since approximately 30% of all Latino students participate in some form of bilingual education. 

MANY DIFFICULTIES PREVENT THE FULL IMPLEMENTATION OF BI-LINGUAL EDUCATION

Margot Hornblower, staff writer, Time, January 26, 1998; Pg. 63 HEADLINE: No Habla Espanol;  Santa Barbara votes to scrap bilingual education, a decision that could be a bellwether for the nation // acs-VT2000
	Classroom teachers are sharply divided on the effectiveness of bilingual education. Research on the subject is hampered by the hodgepodge of programs adopted by local school districts, the inconsistent testing of bilingual students and a shortage of bilingual teachers and textbooks. For these reasons, only a third of California`s students with limited English get any native-language instruction (mainly because of a shortage of bilingual teachers), making it difficult to blame Latinos` scholastic failures on that approach. Does bilingual education affect the 30% dropout rate of Hispanics nationwide--more than double the rate for blacks or whites? Is it related to Santa Barbara`s finding that only 11% of its Latino elementary students read English at grade level and only 18% read Spanish at grade level? 

MAJORITY OF LATINO PARENTS OPPOSE BI-LINGUAL EDUCATION

Margot Hornblower, staff writer, Time, January 26, 1998; Pg. 63 HEADLINE: No Habla Espanol;  Santa Barbara votes to scrap bilingual education, a decision that could be a bellwether for the nation // acs-VT2000
	Proponents of the English for Children initiative were buoyed by a recent Field poll showing that 66% of Latino voters back the measure. Among the supporters is Jaime Escalante, the East Los Angeles math teacher celebrated in the film Stand and Deliver. He has signed on as honorary chairman of the campaign. 

CURRENT BILINGUAL EDUCATION PROGRAMS SHOULD BE KEPT

BILINGUAL EDUCATION LEAD TO HIGHER GRADUATION RATE

MARGARET CRANDALL, CENTER FOR APPLIED LINGUISTICS. 1998, HIGH SCHOOL MAGAZINE, `` BILINGUAL EDUCATION: POLICY WORTH PURSUING`` // EE2000 HT P 44
	Why should high school principals be more in terested in bilingual  students and help them, where possible, to maintain and further develop their native language skills along with learning English? Research shows that all students benefit from string cognitive and academic instruction conducted in their first language. English language learners (ELL`s) whose schooling helps them develop academic and cognitive skills in their first language are more successful in English-based instruction by the end of their school year than those ELL`s who are not provided such first language instruction. the San Francisco Chronicle reported in July that students in San Francisco and San Jose who completed bilingual education performed better on standardized tests in reading, math, language and spelling more than native English-speaking students. Another recent study found that Oakland bilingual students has a higher graduation rate and better grades than their monolingual peers.

STUDIES SHOW THAT BILINGUAL EDUCATION STUDENTS EVENTUALLY DO BETTER AT ENGLISH

Margot Hornblower, staff writer, Time, January 26, 1998; Pg. 63 HEADLINE: No Habla Espanol;  Santa Barbara votes to scrap bilingual education, a decision that could be a bellwether for the nation // acs-VT2000
	Bilingual advocates point to a recent George Mason University study that examined the records of 42,000 limited-English students over 13 years and concluded that those who receive solid native-language instruction eventually do better in English than those who don`t. 

NOT HAVING BILINGUAL EDUCATION PROGRAMS IS CULTURAL GENOCIDE

Margot Hornblower, staff writer, Time, January 26, 1998; Pg. 63 HEADLINE: No Habla Espanol;  Santa Barbara votes to scrap bilingual education, a decision that could be a bellwether for the nation // acs-VT2000
	Armando Vallejo, director of the Casa de la Raza, the community center that housed the alternative academy set up by the boycotters, retorts that abolishing bilingual classes amounts to ``cultural genocide...Kids sit in the back of the classroom for a couple of years without understanding, and they get disillusioned. That`s when they join gangs.`` 

SINGLE SEX EDUCATION IS AN UNWISE POLICY

SINGLE SEX EDUCATION IS COUNTERPRODUCTIVE TO ENDING RACIAL AND GENDER BARRIERS IN OUR SOCIETY

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	On August 5, 1991, the NOW Legal Defense and Education Fund and the ACLU of Michigan filed suit in the United States District Court for the Eastern District of Michigan on behalf of four girls seeking to have the single-sex schools enjoined. In their press release, NOW argued that ``single sex education is inconsistent with the goals of this nation`s public school system to develop an educated population able to transcend barriers of race and gender in society.``

ALL FEMALE ENVIRONMENT STIMULATES ACADEMIC ACHIEVEMENT WHILE ALL MALE ENVIRONMENT DOES NOT

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	One irony of this state of affairs is that there is substantial research supporting the salutary effects of single-sex education for girls, n48 while there are indications that males do not do as well in single-sex settings. n49 Moreover, the population that has  [*81]  been found to profit most from single-sex schools are minority girls.

CREATION OF SINGLE SEX SCHOOLS AT THIS TIME IS AN UNWISE AND RISKY CHOICE - SEPARATE BUT EQUAL FAILS

 Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	 A similar point was made by Peggy Orenstein, author of Schoolgirls: Young Women, SelfEsteem and the Confidence Gap, who has documented the problems of girls in schools and the historical advantages that women`s schools have held for their graduates. Despite these advantages Orenstein expressed concern for the Young Women`s Leadership School in New York. ``Beyond the legal issues, the creation of public girl`s schools is risky. The United States has been down the separate-but-equal road before, and it was not a happy trip. Once institutionalized, who can guarantee that educational resources will be divided fairly?`` Peggy Orenstein, All-Girl Schools Duck the Issue, N.Y. Times, July 20, 1996, at 19.

BLOCK SCHEDULING IS AN UNWISE POLICY

BLOCK SCHEDULING DOES NOT INCREASE ACADEMIC ACHIEVEMENT

Scott Wilson, Washington Post Staff Writer, The Washington Post, January 09, 1998, Pg. B04 HEADLINE: Little Effect Seen in Longer Classes; Howard County Study Finds No Real Change in Test Scores, Grades // acs-VT2000
	Keeping students in class for longer periods during the school day does not significantly affect their academic performance, Howard County school officials reported yesterday in one of the Washington area`s first studies to evaluate extended class periods. 
Focusing on two Howard high schools that almost doubled the length of class periods to as much as 90 minutes, the 51-page study concludes that the change has neither dramatically improved nor harmed student scores on state exams, college entrance exams, advanced placement tests or their grade point averages in the last five years. 

BLOCK SCHEDULING LEADS TO LESS EDUCATION

Scott Wilson, Washington Post Staff Writer, The Washington Post, January 09, 1998, Pg. B04 HEADLINE: Little Effect Seen in Longer Classes; Howard County Study Finds No Real Change in Test Scores, Grades // acs-VT2000
	Classes that used to run a full year are now covered in a semester, which teachers say results in less time spent devoted to the subject. And longer classes increase boredom among teenage students with attention spans that don`t always stretch to 90 minutes. 

BLOCK SCHEDULING HAS THE EFFECT OF DECREASING TIME FOR CLASSES

QUEEN, ALLEN, PROFESSOR, UNIVERSITY OF NORTH CAROLINA. 1999, BULLETIN, -FIRST YEAR TEACHERS AND 4 X 4 BLOCK SCHEDULING`` // EE2000 JMP
	On the negative side, teachers found a few problems. Teachers found they had to redesign their Courses to fit a 90day period. Although time was extended on a daily basis, class time for the course would actually drop by 10 percent or more. Foreign language teachers were concerned that too much time might elapse between the time a student takes tile beginning level of a language and subsequent levels; a student might go for two years or more before taking the second course in a language.

PUTTING MORE STUDENTS IN ADVANCED PLACEMENT CLASSES IS AN UNWISE POLICY

STUDENTS NOT SEEKING ADMISSION TO SELECTIVE COLLEGES HAVE NO INCENTIVE TO TAKE ADVANCED COURSES

Tamara Henry, USA TODAY, February 23, 1998; Pg. 4D HEADLINE: Higher achievement means setting standards early  // acs-VT2000
	Mark Tucker, president of the National Center on Education and the  Economy:
I think there is some evidence that kids are taking tougher  courses, but our analysis of this is that it needs to be not a  slow improvement but a dramatic improvement in student performance.  That is going to take some major structural changes. Think about  it from the student standpoint. Only the kids who are planning  to go to selective colleges have any reason to take a tough course  or to study hard. What the other kids have been told . . . is  that all you need to do to get a job or to go to college is a  high school diploma. And they`d actually be a fool to take a tough  course because then they might flunk it and put in jeopardy their  chance of getting a job or going to college. 

ADMITTED LESS TALENTED STUDENTS TO MORE DIFFICULT COURSES RESULTS IN THEM BEING WATERED DOWN AND WEAKENED

Christine Baron, a high school English teacher in Orange County, June 1, 1998, Los Angeles Times; Part B; Page 2; HEADLINE: EDUCATION: SMART RESOURCES FOR STUDENTS AND PARENTS // acs-VT2000 
	Allowing only students like these into advanced classes guarantees a certain standard at which the class can be run. Admitting less talented students, it is argued, would tend to ``water down`` the curriculum and have a negative effect on the truly gifted. 

ATTEMPTS TO LEVEL THE PLAYING FIELD FOR ALL STUDENTS COMES AT THE COST OF ACADEMIC EXCELLENCE

Ken Hamblin, The Denver Post May 16, 1999; Pg. J-02 HEADLINE: Pushing the envelope of mediocrity  // acs-VT2000
	It`s also clear to me that this is just one more attempt by liberals to level the playing field for those students who are academically challenged. 
It`s part of that brave new world that the liberal socialist educators envision - a world with reduced stress and strife, ultimately the elimination of warfare and greed among all human communities - which they deem themselves best suited to save. 
	These are the same educators who believe if they could just get neanderthal conservatives out of the way their jobs would be easier. You know, conservative moms and dads like me with supposedly outdated notions that academic excellence and students with report cards adorned with the first letter of the alphabet are representative of future success. 
I, of course, contend that in reality they`ve simply hijacked an education system once built on core values, like teaching children to read, write and count. 
Nonetheless, they continue their efforts to rebuild public schools, continue to travel the long socialist road to their brave new utopia, where hunger and homelessness will be vanquished and corporate greed subdued. 
Along the way, they deem it necessary to stamp out the evil root of individual excellence. 

ATTEMPTS TO HELP STUDENTS AT THE BOTTOM ARE BOUND TO FAIL AND WILL HARM STUDENTS AT THE TOP

Ken Hamblin, The Denver Post May 16, 1999; Pg. J-02 HEADLINE: Pushing the envelope of mediocrity  // acs-VT2000
	Still, liberal educators, who seem incapable of learning from the mistakes of the past, can`t find it in their hearts to recognize that their approach of no stress, no margins and no boundaries in public education has failed. 
Instead, true to their ideals of kicking a dead horse, liberals pilfer from the brightest so that their academic handiwork, which strives to make the students drowning at the bottom feel good about themselves, doesn`t seem such a failure. 

TRACKING OF STUDENTS IS AN UNWISE POLICY

TRACKING DISCRIMINATES BASED ON RACE AND LEADS TO RACIAL STEREOTYPING

Datnow, Amanda. Ph. D UCLA professor at Johns Hopkins. 1998 ``The Gendered Politics of Educational Change`` //ee2000 rls pg 28
	Research has consistently shown that when schools track, students from different racial groups are not offered equal opportunities to learn (Oakes, 1985; Oakes, Gamoran and Page, 1992). AfricanAmerican and Latino students who are disproportionately placed in low track classes systematically receive fewer resources: teachers are less qualified, expectations are lower, the curriculum is watered down, and there are fewer classroom materials. White students who are disproportionately placed in the high track are advantaged by receiving more qualified teachers, greater classroom resources, and an enriched curriculum designed to prepare them to attend college (Oakes, Gamoran and Page, 1992). As a result, tracking leads to class- and race-linked differences in opportunities to learn and gaps in achievement between white students and their minority peers. Additionally, because tracking in racially mixed schools resegregates students, it constrains inter-group relations and perpetuates stereotypes related to race (Oakes and Wells, 1995).

RACE AND SOCIAL CLASS DETERMINE STUDENTS ``TRACK`

Datnow, Amanda. Ph. D UCLA professor at Johns Hopkins. 1998``The Gendered Politics of Educational Change`` //ee2000 rls pg 28
	The most disturbing finding about -tracking is the strong correlation between race, social class, and track placement. Studies consistently find that low income and minority students are disproportionately placed in low track classes, and advantaged and white students are more often placed in the high track (Braddock and Dawkins, 1993; Oakes, 1985). In high schools, low income, African-American, and Latino students are underrepresented in college preparatory programs, and they are more frequently enrolled in vocational programs that train for low-paying, dead-end jobs (Oakes, 1987). At all levels, minority students lack representation in programs for gifted and talented students. However, despite extensive research suggesting that track placement is influenced by race and social class biases, proponents believe that tracking is meritocratic. Furthermore, many educators strongly believe that students learn better in groups with other students like themselves (Kulik and Kulik, 1982).

ELEMENTARY SCHOOL TRACKING PRE-DETERMINES WHICH STUDENTS ARE IN ADVANCED PLACEMENT

Christine Baron, a high school English teacher in Orange County, June 1, 1998, Los Angeles Times; Part B; Page 2; HEADLINE: EDUCATION: SMART RESOURCES FOR STUDENTS AND PARENTS // acs-VT2000 
	To understand the effect rigid ``tracking`` has had on this situation, you have to talk to the students themselves. When I ask most of my honors students how they wound up in AP English, they will invariably respond, ``I`ve been in GATE gifted and talented classes since the fourth grade; I always sign up for the honors section.`` 
The tendency to stay in the honors track once you`re on it is a given, even with a less than stellar performance. 
But when I ask a bright non-honors student why he or she isn`t in AP, the answer is, ``Oh, I was never `identified` as a gifted student in elementary school.`` Or, ``I didn`t do well in Honors English freshman year, so I`m out of the program now.`` 

STUDENTS REMAIN IN THEIR ``TRACKING GROUP`` THOROUGHOUT THEIR LIVES

Datnow, Amanda. Ph. D UCLA professor at Johns Hopkins. 1998 ``The Gendered Politics of Educational Change`` EE2000 rls pg 27-28
	The Beyond Sorting and Stratification study grew out of an interest in discovering some of the ways in which racially-mixed schools were moving away from tracking. Tracking, almost universal in American schools for the past century, is the practice of sorting students into different programs of study based on their perceived academic ability. The term `tracking` is often used interchangeably with the terms `ability grouping`, `homogeneous grouping`, and `curriculum differentiation`. These terms all imply some means of grouping students for instruction by ability or achievement in order to create homogeneous instructional groups. Ability grouping at the elementary level usually leads to tracking at the secondary level. Secondary schools vary in the number, size, and composition of tracks; however, students are generally assigned to a track level -- basic, regular, college preparatory, or honors/ advanced placement - in which they remain for their high school career.

SORTING CHILDREN EXACERBATES INEQUALITY

Valerie Wheeler, English teacher at Casey Middle School in Boulder, Colorado, and a member of the National Coalition for Equality in Learning; Ward J. Ghory., Director of the Upper School at Buckingham, Browne and Nicols School in Cambridge, Massachusetts, and Evaluator for the National Coalition for Equality in Learning; and Robert L. Sinclair, Professor of Education at Texas A&M University of Massachusetts in Amherst, Massachusetts, Director of the National Coalition for Equality in Learning, 1997. REACHING AND TEACHING ALL CHILDREN Grassroots efforts that work. ``Toward Equality Schools,``// GJL p. 91
	In Equality Schools, children are not sorted into permanent groupings that suggest that some children are better than others. One stubborn obstacle to equality in school settings is the belief by many educators that students need to be sorted to be taught efficiently. Most evaluation systems used in schools reinforce this presumption by rewarding those at high levels of achievement with steady promotion to exclusive learning environments with increasingly more abundant resources to promote advanced learning. These high-status settings bring together top teachers, rigorous curriculum, and dynamic students in a potent mix. Outside these special places, however, learning often languishes among those who start to believe that they do not have all that it takes and that they cannot be all that they would like to be. Even farther out on the fringes are the dumping grounds, such as special education or alternative schools in some districts, where students who do not fit into the prevailing learning environment are consigned and accommodated without real prospects.

SETTING ACADEMIC STANDARDS MEANS NOTHING UNLESS THE REST OF THE EDUCATIONAL EXPERIENCE IS ALSO CHANGED TO ENHANCE ACADEMIC ACHIEVEMENT

STANDARDS ALONE SOLVE NOTHING, THERE MUST BE A REVOLUTION IN EDUCATION AFTER THAT

Tamara Henry, USA TODAY, February 23, 1998; Pg. 4D HEADLINE: Higher achievement means setting standards early  // acs-VT2000
	Academic standards have become the rallying point  of American education. Governors are prodding schools to set benchmarks  for what students should know. And, business leaders are pressuring  students for results. 
 Yet Marc Tucker, considered the guru of standards-based education,  says those efforts alone will not be enough to get students to  accelerate to much higher achievement. He wants ``a revolution``:  abolition of comprehensive or ``shopping mall`` high schools;  expansion of elementary schools to include middle schools; reduction  of K-2 classes to 12 students; and assignment of European-style  ``class teachers`` to the same students for three years at a time. 

STANDARD SETTING DOES NOTHING UNLESS THE SCHOOL IS ABLE TO TEACH TO THOSE STANDARDS

MEREDITH DAVIS, Arts Education Policy Review November, 1998; Pg. 7; HEADLINE: Making a Case for Design-Based Learning// acs-VT2000
	In spite of those efforts to raise the standards of public education and to experiment with curriculum structure, there was little attention paid to the content of education or to how such content could be delivered most effectively. In her review of a decade of education reform, Diane Massell writes: 
   The kind of standard-setting launched by A Nation at Risk did not directly  address the academic content of schooling. It required more seat time in  courses labeled science and mathematics, for example, but did not ensure   the quality of science and mathematics courses that students would receive. 
   (Massell et al. 199, 5) 

ACADEMIC STANDARDS ACCOMPLISH NOTHING WITHOUT SUBSTANTIAL FOLLOW-UP REFORM AND CHANGE

Richard J Murnane & Frank Levy, Federal Reserve Bank of New York Economic Policy Review , March, 1998; Pg. 117 HEADLINE: Standards, Information, and the demand for student achievement // acs-VT2000
	Well-designed academic standards and assessments are not a ``solution`` to the achievement problem. Rather, they are a first step that makes the achievement problem concrete and visible to parents, teachers, and students. Once the problem is visible, there remains the hard, day-to-day work of making a school better. 

ACADEMIC STANDARDS ARE NOT ENOUGH, WE NEED TO KNOW WHAT THE STANDARDS ARE FOR JOBS IN AMERICA FIRST

Richard J Murnane & Frank Levy, Federal Reserve Bank of New York Economic Policy Review , March, 1998; Pg. 117 HEADLINE: Standards, Information, and the demand for student achievement // acs-VT2000
	In this paper, we argue that a major obstacle to higher student achievement is a lack of good information comparing achievement levels to labor market requirements--the kind of information that can come through academic standards and assessments. Without this information, parents are unable to assess accurately the quality of their children`s education. 

STANDARDS CAN MAKE A HIGH SCHOOL DIPLOMA WORTH MORE, BUT ONLY IF ACADEMIC RESOURCES ARE ALSO INCREASED

Peter Schrag, Sacramento Bee May 19, 1999, Pg. B7 HEADLINE: COMMENCEMENT: WHAT DOES THE DIPLOMA MEAN? // acs-VT2000
	One of the odder paradoxes of our time is that as the cash value of the high school diploma declines on the job market, our politicians and business people want to make it tougher to get. If they succeed, will it be worth more? 
The answer appears to be yes, but only if the tougher standards come with better academic resources. 

RAISING ACADEMIC STANDARDS WILL SHIFT TEACHER TRAINING PROGRAMS FROM FOUR TO FIVE YEARS, THUS MAKING IT HARDER TO BECOME A TEACHER

Judith A. Monsaas, Board of Regents, University System of Georgia; Fall, 1998; Virginia Journal of Social Policy & the Law GEORGIA P-16 INITIATIVE: CREATING CHANGE THROUGH HIGHER STANDARDS FOR STUDENTS AND TEACHERS // acs-VT2000
	A second implication of raising standards by requiring more subject matter content and/or pedagogical coursework is that teacher preparation programs may become five-year programs, rather than traditional four-year programs. Consequently, students may choose other fields in order to complete their college education earlier. In fields of oversupply, such as elementary education, this may lead to higher quality teachers in these fields. In shortage areas, however, such as science and mathematics, this may lead to greater shortages of teachers.

SETTING ACADEMIC STANDARDS MEANS NOTHING UNLESS THE REST OF THE EDUCATIONAL EXPERIENCE IS ALSO CHANGED TO ENHANCE ACADEMIC ACHIEVEMENT [p,2]

STANDARDS BASED REFORM MUST INCLUDE TEACHER TRAINING TO SUCCEED

Judith A. Monsaas, Board of Regents, University System of Georgia; Fall, 1998; Virginia Journal of Social Policy & the Law GEORGIA P-16 INITIATIVE: CREATING CHANGE THROUGH HIGHER STANDARDS FOR STUDENTS AND TEACHERS // acs-VT2000
	Probably the ultimate challenge to the standards movement is to establish grassroots teacher support to use the standards in planning and delivering instruction. As sets of standards are put in place, schools must organize teaching and learning around meeting the standards. Without adequate teacher training, a possible outcome will be more student failure and grade-level retention

SCHOOL REFORM THROUGH STANDARDS ONLY MOVES US TO MAKE THE OTHER CHANGES WE NEED, AND DOES NOT GUARANTEE THEY WILL BE MADE OR WILL SUCCEED

Eleanor Dougherty, Lecturer, Georgetown University, Fall, 1998; Virginia Journal of Social Policy & the Law GETTING BEYOND POLICY: SCHOOL REFORM IN PRACTICE // acs-VT2000
	School reform in the next century is geared toward educating all children to high expectations. This means closing the gap in performances among groups, particularly the gap between children of color, poor children, and immigrant children and their more advantaged peers. Developments over the last decade that include national reports and legislation have set the stage for using standards to galvanize efforts to bring about a more equitable educational experience for all children. This effort will require educators and communities to move beyond policy and into less clear areas of implementation. Ultimately, if that gap is to close, the everyday learning experiences of children have to change in order to accelerate the learning of low-performing children and to challenge the learning of all children to reach high standards. Poor and minority students must have better prepared teachers and sound instruction and materials to reach standards. 

STANDARDS CAN BE CREATED, BUT THERE IS NO SOLUTION WHYEN TEACHERS LACK THE KNOWLEDGE TO TEACH TO THOSE STANDARDS

Eleanor Dougherty, Lecturer, Georgetown University, Fall, 1998; Virginia Journal of Social Policy & the Law GETTING BEYOND POLICY: SCHOOL REFORM IN PRACTICE // acs-VT2000
	One of the most troublesome and challenging problems that the Education Trust has encountered across the country is the lack of subject-area knowledge and pedagogy that teachers have that is relevant to the standards. Teams usually arrive at this conclusion themselves, particularly for standards in mathematics, science, and writing. Teachers are acutely aware that they need more time and training to meet the challenge of teaching the standards. The perplexing issue is finding ways to improve instruction while teachers are still teaching, even though they do not know the subject themselves. To be specific, how can a teacher teach the concepts of algebra in elementary school if the teacher has never studied advanced mathematics? How does a teacher teach the economic, social, political, and cultural effects of Manifest Destiny if the teacher only has a cursory knowledge of the subject? 

USE OF STANDARDIZED TESTS TO MEASURE ACADEMIC ACHIEVEMENT AND STANDARDS IS A VERY BAD IDEA

TESTS SET UP A SELF FULFILLING PROPHECY BUT ALL STUDENTS CAN LEARN AT DIFFERENT RATES

Michael Huberman, professor of pedagogy at the University of Geneva, 1974; DESCHOOLING, ``Learning, Democratizing and Deschooling,`` edited by Ian Lister, EE2000-hxm p. 49
	There is now evidence to show that this premise is false, and that test construction itself has made for a self-fulfilling prophecy. We also know that 90 per cent of school-age pupils can master all the elements of a primary and secondary curriculum, provided they are given the time. That is to say, pupils differ in the rate at which they learn, not in their basic capacity to learn. 7 Children from culturally deprived homes could probably match the results of middle-class children if given the necessary time and learning conditions to make up for their initial handicaps. As most tests are agegrouped, this means basically that those who are `ahead` at the time of the evaluation are judged more able and apt.

STANDARDIZED TESTS ARE HARMFUL TO BLACK AMERICANS AS A GROUP

CHRISTOPHER JENCKS, Harvard, 1998; THE BLACK WHITE
TEST SCORE GAP, ``RACIAL BIAS IN TESTING`` // acs-VT2000
p. 84
	If these conclusions are correct, it seems fair to say that the invention of standardized tests has harmed blacks as a group, both because of labeling bias and because of selection system bias. This does not mean the tests themselves are flawed. The skill differences that the tests measure are real, and these skills have real consequences both at school and at work. But inability to measure the other predictors of performance, on which blacks seem to be far less disadvantaged, poses a huge social problem.

STANDARDIZED TESTING IS LIKE RINGING PAVLOV`S BELL

Ward J. Ghory, Director of the Upper School at Buckingham, Browne and Nicols School in Cambridge, Massachusetts, 1997. REACHING AND TEACHING ALL CHILDREN Grassroots, efforts that work. ``Evaluation in Service of Learning,`` // GJL p. 101
	An evaluation relying on standardized tests that emphasize only accurate recall of previously provided information under timed circumstances is closely linked with a view that emphasizes learning as conditioning. Knowledge is treated as relatively static, and learners are conditioned to become pleased and satisfied when expected connections are made between a test question stimulus and a single desired response that is considered correct. The student`s behavior becomes motivated by external rewards and punishments in the form of grades and other incentives. Evaluation, then, becomes part of a system of classroom management that controls student behavior in a relatively narrow manner.

STANDARDIZED TESTING FAILS

Kimberly Trimble, associate Professor of Teacher Education at California State University, 1997. REACHING AND TEACHING ALL CHILDREN Grassroots efforts that work. ``Learning Lessons of Change,`` Edited by Robert L. Sinclair and Ward J. Ghory GJL p. 26
	In searching to understand students` learning difficulties, many educators realize the limited information that standardized tests offer. These tests generally measure a narrow range of classroom learning, ignoring important instruction and learning that may be more difficult to assess. Furthermore, despite intensive efforts to reduce cultural and racial bias in the exams, many tests still are inappropriate tools for assessing learning of all children. Because of these concerns, many teachers in our schools are using a broader range of information to help them understand students` learning. They find, for example, that actual samples of students` work and direct observation of applied learning are especially useful both in exploring difficulties students may be having and in realizing their strengths.

IMPORTANT FACTORS IN STANDARDIZEDC TEST RESULTS HAVE NOTHING TO DO WITH SCHOOL

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	The student`s socioeconomic background, home stability, and motivation - all arguably inputs into test performance - are determined outside the school grounds. See Chubb & Moe, supra note 16, at 101, 105-11. 

STANDARDIZED TESTS ARE NOT A GOOD MEASURE OF ACADEMIC ACHIEVEMENT

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	But testing`s validity is contentious. ``Children may not do well on tests for many reasons other than lack of knowledge.`` n46 Students may suffer anxiety over exams. n47 Constructing tests tailored to evaluate what is actually taught can be expensive and time-consuming. n48 Others suspect that test results could exacerbate racial stereotypes and ``may further brand black and Latino children as inferior to white students.`` n49 And making testing the focus of compensation can increase time spent learning to take tests, rather than learning appropriate subject material. n50 

ACADEMIC STANDARDS ARE VERY DIFFICULT TO DEVELOP AND MEASURE

ASSESSMENT OF STUDENT PROGRESS TOWARDS ACADEMIC STANDARDS ARE DIFFICULT TO MEASURE

Richard J Murnane & Frank Levy, Federal Reserve Bank of New York Economic Policy Review , March, 1998; Pg. 117 HEADLINE: Standards, Information, and the demand for student achievement // acs-VT2000
	The challenges of designing assessments to measure students` progress toward high standards are also great. Aligning assessments with curriculum frameworks--the substance of what teachers are supposed to teach--is difficult. Yet close alignment is essential to getting the incentives right for teachers and students. Assessments cannot be exclusively multiple-choice tests because many critical skills--for example, writing--cannot be measured by these tests. Tests allowing open-ended responses are difficult to score reliably, as are student writing samples. Skill in one type of writing--for instance, short stories--does not accurately predict skill in another type of writing--for example, nonfictional narratives. Measuring speaking skills requires yet a different assessment methodology, as does effectiveness in working productively in groups. 

STANDARDS HAVE BEEN UNABLE TO BALANCE BASIC SKILLS, CONCEPTUAL UNDERSTANDING, AND APPLICATION OF KNOWLEDGE

Tamara Henry, USA TODAY, February 23, 1998; Pg. 4D HEADLINE: Higher achievement means setting standards early  // acs-VT2000
	Mark Tucker, president of the National Center on Education and the  Economy:
Another problem is that  for most of these standards there is not a good balance among  the basic skills, conceptual understanding and applications. Conceptual  understanding is really important because . . . that enables you  to solve a problem that doesn`t look just like the problem at  the end of the chapter. You really have to understand the subject  and not just memorize the definitions, algorithms and do procedures. 

THERE IS A PROFOUND INABILITY TO SET ACADEMIC STANDARDS AND MEASURE STUDENTS FOR THE IMPORTANT PARTS OF WHAT A STUDENT NEEDS TO KNOW

Richard J Murnane & Frank Levy, Federal Reserve Bank of New York Economic Policy Review , March, 1998; Pg. 117 HEADLINE: Standards, Information, and the demand for student achievement // acs-VT2000
	Efforts by states to set standards for student achievement and to establish systems for assessing whether students meet the standards have been plagued by controversy. A common criticism of ambitious standard-setting efforts is that states should stick to measuring the basics. But what are the basics? If the basics are the skills needed to earn $ 7.00 per hour, then multiple-choice tests measuring elementary reading comprehension and the ability to divide whole numbers are sufficient. But if the basics are the skills needed to obtain and thrive in modern automobile plants and in other high-wage organizations committed to product improvement, then the list is quite different. It includes not only strong reading and math skills, but also the ability to devise and carry out problem-solving strategies, the ability to communicate effectively--both orally and in writing--and the ability to work productively in groups. These are all part of the ``new basic skills`` needed to thrive in today`s economy.

STANDARDS ARE INADEQUATE UNLESS THEY ARE PERFORMANCE STANDARDS

Tamara Henry, USA TODAY, February 23, 1998; Pg. 4D HEADLINE: Higher achievement means setting standards early  // acs-VT2000
	Mark Tucker, president of the National Center on Education and the  Economy:
 Probably the most serious problem with the standard is that they`re  not performance standards. What we mean is they (should) have  a statement of what the student is supposed to know and be able  to do, followed by . . . examples of student work that actually  meets that standard, followed by a commentary that explains why  the work meets the standards. 

NEW ACADEMIC STANDARDS ARE EXTREMELY DIFFICULT TO IMPLEMENT

IMPLEMENTATION OF STANDARDS IS DIFFICULT BECAUSE THERE ARE DIFFERENT STANDARDS FOR EACH DISCIPLINE-BASED AREA

Judith A. Monsaas, Board of Regents, University System of Georgia; Fall, 1998; Virginia Journal of Social Policy & the Law GEORGIA P-16 INITIATIVE: CREATING CHANGE THROUGH HIGHER STANDARDS FOR STUDENTS AND TEACHERS // acs-VT2000
	Another challenge to implementing standards is the multiplicity of standards that have been developed in each of the subject areas. The national discipline-based professional associations have developed standards, and many local districts and individual schools have adapted and modified the national standards. This has resulted in numerous local sets of standards. While attempts have been made by local P-16 councils to incorporate local and national standards into regional sets of standards that will be used across districts, when a school district has worked hard to obtain consensus for its own standards, often it is unwilling to cooperate with other districts in the P-16 councils

STANDARDS AS APPLIED WILL MEAN WE HAVE TO RETHINK EVERYTHING ABOUT TEACHING AND LEARNING

Eleanor Dougherty, Lecturer, Georgetown University, Fall, 1998; Virginia Journal of Social Policy & the Law GETTING BEYOND POLICY: SCHOOL REFORM IN PRACTICE // acs-VT2000
	Such an effort means rethinking how we teach and how we design the environments for teaching. Standards provide an important tool for this rethinking of school policies and practices. Although school reform requires a level of thoughtfulness and action that leads to changes beyond the classroom, meaningful reform occurs in the daily lives of teachers and students in their classrooms and schools. For this to happen, however, schools, districts, colleges, universities, and states also must rethink their roles. Teachers must have the supports to make changes, including professional development and pre-service training, materials, and time. Administrators must have the training and skill to bring school communities together to reach the standards. Parents and communities must also be informed and included in these policies and their implementation. If real reform is to happen, what must ultimately matter is teaching and learning as it happens everyday. 

STANDARDS NECESSITATE MANY NEW AND EXCELLENT TEACHERS

Eleanor Dougherty, Lecturer, Georgetown University, Fall, 1998; Virginia Journal of Social Policy & the Law GETTING BEYOND POLICY: SCHOOL REFORM IN PRACTICE // acs-VT2000
	If standards-based reform is to work, then new teachers must be prepared. Current statements of good practice, such as the content and performance standards developed by the National Board for Professional Teaching Standards, are available. More work needs to be done with the actual training of new teachers at their colleges to ensure that they know their majors and can deliver instruction.

EDUCATIONAL STANDARDS APPROACH INFRINGES ON LOCAL CONTROL AND IGNORES MULTIPLE SOURCES OF INTELLIGENCE

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	Adopting educational standards has become a national endeavor. Elaine Woo, Education Summit Draws Governors; Schools: Progress Since the First Goal-Setting Gathering Has Been Modest and Changes in American Life Could Make the New Session More Difficult, Los Angeles Times, Mar. 26, 1996, at A15 (noting that President Clinton`s Goals 2000 now face sharp attacks as unnecessary federal influence on a local issue). For a fuller discussion of developing educational standards, please see Natriello, McDill, & Pallas, 135 Schooling Disadvantaged Children: Racing Against Catastrophe (1990). For an introduction to ``multiple abilities theory,`` see, e.g., Torff to Explore Multiple Intelligences, WEAC News & views, Dec. 1995, at 5 (suggesting teachers should not think ``How smart are your students?`` but rather ``How are your students smart?``; the multiple intelligences include linguistic, logical/mathematical, spatial, bodily/kinesthetic, musical, interpersonal, and intrapersonal). 

PARENTS DO NOT WANT TO BUY INTO STANDARDS APPROACH

Tamara Henry, USA TODAY, February 23, 1998; Pg. 4D HEADLINE: Higher achievement means setting standards early  // acs-VT2000
	 Q. Has it been difficult to get parents to buy into the idea of  national academic standards? 
 Mark Tucker, president of the National Center on Education and the  Economy:A. Yes, but I think school people, a lot of them, think that if  you don`t talk about standards there aren`t any.

NEW ACADEMIC STANDARDS ARE DOOMED BY TEACHER OPPOSITION

TEACHERS OPPOSE STANDARDIZED TESTING BECAUSE THEY KNOW THEY WILL HAVE TO TEACH FOR THE TEST THROUGH DRILL AND KILL

Richard J Murnane & Frank Levy, Federal Reserve Bank of New York Economic Policy Review , March, 1998; Pg. 117 HEADLINE: Standards, Information, and the demand for student achievement // acs-VT2000
	Many teachers are opposed to standardized testing because they see conflict between the type of instruction that best educates their students and the type of instruction that produces high test scores. Teachers often use the expression ``drill and kill`` to describe instruction that focuses almost exclusively on preparing children to do well on particular multiple-choice tests. They argue that such instruction does little to develop useful skills. 

STANDARDS CAN ONLY SUCCEED IF THEY ARE ACCEPTABLE TO EFFECTIVE TEACHERS

Richard J Murnane & Frank Levy, Federal Reserve Bank of New York Economic Policy Review , March, 1998; Pg. 117 HEADLINE: Standards, Information, and the demand for student achievement // acs-VT2000
	There will always be tension between the incentives embedded in external assessments and the incentives for many teachers to do their most effective teaching. These tensions matter because external standards and assessments will contribute to improving the nation`s schools only if they are palatable to effective teachers. 

NEW ACADEMIC STANDARDS WILL NOT INCREASE ACADEMIC ACHIEVEMENT

LITTLE EMPIRICAL EVIDENCE EXISTS TO SUGGEST THAT STANDARDS BASED REFORM WILL INCREASE ACADEMIC ACHIEVEMENT

Judith A. Monsaas, Board of Regents, University System of Georgia; Fall, 1998; Virginia Journal of Social Policy & the Law GEORGIA P-16 INITIATIVE: CREATING CHANGE THROUGH HIGHER STANDARDS FOR STUDENTS AND TEACHERS // acs-VT2000
	Much of the focus in reform has been on establishing standards to raise the quality of education as well as provide an equitable education for all students. n17 Still in their infancy, standards reform initiatives are in their developmental and implementation stages. Little empirical evidence exists, therefore, to determine the effect of these initiatives on student achievement. In addition, some discrepancies remain in the literature as to how to define standards.

EVIDENCE DOES NOT SUPPORT CONNECTION BETWEEN HIGHER STANDARDS AND HIGHER ACHIEVEMENT

Judith A. Monsaas, Board of Regents, University System of Georgia; Fall, 1998; Virginia Journal of Social Policy & the Law GEORGIA P-16 INITIATIVE: CREATING CHANGE THROUGH HIGHER STANDARDS FOR STUDENTS AND TEACHERS // acs-VT2000
	There are a few studies to directly support a positive correlation between higher standards and student achievement. Some have suggested that students who take more rigorous coursework demonstrate higher levels of achievement and are more likely to attend college, regardless of gender, race, ethnicity, or socioeconomic status. n20 Similarly, an international study examining the impact of curriculum-based external examination systems on teaching and learning found that countries with such systems had higher achieving students, parents and students verbalizing the importance of these subjects, more instruction time given to students, and teachers with higher qualifications.

TESTING REQUIREMENTS DO NOT IMPROVE EDUCATION THEY ONLY RISK STIFLING LEARNING

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.198-199
	In the end, testing requirements are a lot like certification requirements and many other traditional reforms. They seem to make good sense, and they do indeed offer certain benefits. But they are clearly deficient as solutions to the problems they are addressing, and they stand little chance of improving schools in any significant way. Worse, they create still more bureaucracy, and they unleash new bureaucratic pathologies that divert people and resources from the pursuit of quality education. The danger is not just that these reforms will fail to accomplish their lofty goals, but that they will actually hurt the schools more than help them over the long run.

IMPOSING NEW ACADEMIC STANDARDS AND TRYING TO MAKE STUDENTS MEET THOSE STANDARDS WILL DAMAGE THE EDUCATIONAL PROCESS

RELYING ON NEW SETS OF ACADEMIC STANDARDS WILL BE COUNTER-PRODUCTIVE

Clifford H. Edwards, Laurie Edwards, The Clearing House May 1, 1999; Pg. 260; HEADLINE: Let`s end the grading game; grading and marking of students  // acs-VT2000
	Along with grades, the standards that are presently touted as the solution to the problems of education should be abandoned. Some current research indicates that the effects of such standards have been counterproductive (Darling-Hammond 1997). Efforts to raise standards will never secure the benefits they seek because the kind of learning sought and the means for achieving it through controlled, specified curricula - will only result in less engagement in learning by children. Then, of course, there will be yet another demand that higher standards be put into place - a vicious cycle leading nowhere. 

STANDARDS ONLY LEAD TO ROTE-LEVEL DRILLS WHICH DENIGRATE EDUCATION

Jane M. Healy, The Boston Globe, May 23, 1999, Pg. D1 HEADLINE: Learning what to learn // acs-VT2000
	Expedient cries for ``standards`` impose rote-level drills that denigrate the capacities of the human brain. 

EMPHASIS ON EDUCATION STANDARDS AND SCORES DAMAGES ACADEMIC ACHIEVEMENT

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	Tyack & Cuban, supra note 22, at 62. Tyack and Cuban suggest, ``A problem with defining `success` as meeting predetermined goals . . . is that some of the most significant dimensions of actual programs, both positive and negative, may not be captured by the measured outcomes.`` Id. The authors illustrate this conclusion by noting for example, that ``minimum competency testing`` resulted in classroom instruction aimed at the development of basic skills needed to pass the competency exam rather than ``complex thinking skills.`` Id. 

SUCCESS BASED ON STANDARDIZED TESTS BECOMES A COUNTERPRODUCTIVE END, NO LONGER JUST A MEANS OF MEASUREMENT

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	In Wilkinsburg, Pennsylvania, where Alternative Public Schools (APS) contracted to manage a public elementary school, n51 teachers were instructed to familiarize children with standardized tests, and part of each school day was ``spent emphasizing test-taking techniques.`` n52 Such contracts face the delicate task of keeping success on standardized tests from being an end, rather than a means of measuring actual achievement.

FOR EDUCATION REFORM TO WORK, TESTING MUST BE OF SECONDARY, NOT PRIMARY IMPORTANCE

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	See Hardaway, supra note 39, at 94 (``There exists a valid role for standardized tests.... But the salvation of the public schools does not rest on standardized testing. Rather it rests in the creation of a learning environment in which testing is secondary to achievement.``).

``GRADUATION EXAM`` IDEA IS A VERY UNWISE POLICY

FAILING A GRADUATION TEST WILL BE A CRUSHING BLOW TO STUDENT SELF-ESTEEM

GERARD T. SEIFERT  Psychologist,  Sachem School District The New York Times, January 3, 1999; Page 13; HEADLINE: Do Higher Standards Help or Hurt? // acs-VT2000
	I wonder about the effect of across-the-board tougher standards for high school graduation in New York State ``Saturday`s Childen: Schools Add a Day,`` Dec. 20 . Will it, as proponents suggest, raise the bar and the performance of the vast majority? Or will the effect be that the standards become too difficult for a large minority? Most young people`s feelings of academic self-worth are fragile. Students who hit rough times in school are just as likely to be turned off to all studies as they are to take failure as a call to buckle down and try harder. 

THROUGH THE PROCESS OF OVERJUSTIFICATION THE FOCUS ON TESTS AND EXTERNAL REWARDS ACTUALLY DECREASES STUDENT DESIRE TO LEARN

GERARD T. SEIFERT  Psychologist,  Sachem School District The New York Times, January 3, 1999; Page 13; HEADLINE: Do Higher Standards Help or Hurt? // acs-VT2000
	An overemphasis on external rewards, standards, and tests can deaden even a good student`s desire to learn. Psychologists and educators call this phenomenon overjustification: when an enjoyable and rewarding activity like learning is linked to external rewards, the activity can lose its intrinsic motivation. I was recently evaluating a first-grade student who asked, ``Do I get a prize every time I get an answer right?`` I even see this attitude among college students. 

STUDENTS WHO FAIL A GRADUATION TEST COULD SUE THE SCHOOL FOR ITS FAILURE

RICHARD LEE COLVIN, Los Angeles Times, January 13, 1999, Part B; Page 2; HEADLINE: EDUCATION / AN EXPLORATION OF IDEAS, ISSUES AND TRENDS IN EDUCATION // acs-VT2000
	First, McDonnell said, the state must make sure that all students have the ``opportunity to learn`` what they are to be tested on. That means ensuring that teachers are skilled, classrooms aren`t overcrowded, textbooks are adequate and so on. 
If such conditions are not met, students denied a diploma could well have grounds for a lawsuit. Fear of such lawsuits prompted Arizona officials in November to delay for a year the state`s required graduation test. Many teachers there have not even read the standards. 

WHERE GRADUATION TESTS EXIST, COURT SUITS AGAINST THE STATES SOON BLOSSOM

RICHARD LEE COLVIN, Los Angeles Times, January 13, 1999, Part B; Page 2; HEADLINE: EDUCATION / AN EXPLORATION OF IDEAS, ISSUES AND TRENDS IN EDUCATION // acs-VT2000
	That also could spark protests. Texas` graduation test is being challenged in court because minority students are more likely to fail. Nevada and Arkansas have each canceled tests that proved too difficult. And now some in Virginia question the legitimacy of a new standards-based test that 97% of the schools flunked. 

STANDARDIZED GRADUATION TEST RISKS BACKLASH AND BRANDING STUDENTS AS FAILURES FOREVER

RICHARD LEE COLVIN, Los Angeles Times, January 13, 1999, Part B; Page 2; HEADLINE: EDUCATION / AN EXPLORATION OF IDEAS, ISSUES AND TRENDS IN EDUCATION // acs-VT2000
	Gov. Gray Davis` proposal last week to require California high school students beginning in 2003 to pass an exit exam as tough as any in America was applauded by Republicans and Democrats alike. 
Despite that warm reception, the idea is by far the riskiest part of his education agenda, one that could trigger a backlash if too many students fail. 
Pass and you are a high school graduate in good standing, able to go off to work or college, diploma in hand. Fail and your chances of entering the economic mainstream are slim. 

PUBLIC SUPPORT WILL VANISH WHEN STUDENTS START FAILING STANDARDIZED TESTS AND CANNOT GRADUATE

RICHARD LEE COLVIN,  Los Angeles Times, December 23, 1998, Part B; Page 2; HEADLINE: EDUCATION / SMART RESOURCES FOR STUDENTS AND PARENTS  // acs-VT2000
	Polls show the public is committed to improving education. But it remains to be seen how strong that commitment would be if it resulted in policies that denied--or at least delayed--graduation to large numbers of students. 

 THE S.A.T. IS LIKE A DISEASE WHICH NEEDS TO BE ERADICATED

Tony Schwartz, author of ``What Really Matters``The New York Times January 10, 1999: Section 6; Page 30; HEADLINE: The Test Under Stress  // acs-VT2000
	For John Katzman, head of the Princeton Review and by coincidence, once an undergraduate classmate of Alagappan`s at Princeton, the College Board is the enemy, and the S.A.T. is a test with virtually no redeeming value. ``It`s an arbitrary, biased, somewhat pointless exam that doesn`t test anything important,`` Katzman says. ``I treat the S.A.T. the way a doctor does cancer. It`s a disease that has to be eradicated.`` 

S.A.T. PREP COURSES DO NOT WORK

COACHING FOR THE S.A.T. DOES NOT WORK

Tony Schwartz, author of ``What Really Matters``The New York Times January 10, 1999: Section 6; Page 30; HEADLINE: The Test Under Stress  // acs-VT2000
	Do the preparation courses really work? The College Board, and the organization it contracts out to administer the S.A.T.`s, the Educational Testing Service, say no. Both are nonprofits, and critical to their credibility is the perception that the S.A.T. offers a relatively level playing field for all students who take the test, and that results cannot be influenced by coaching. Over the last three decades, the board has commissioned a series of studies that have consistently shown that scores aren`t much affected by preparation. ``If we were to find that the test were highly coachable in a relatively short period of time,`` says Don Powers, a research scientist with E.T.S., ``it would undermine the validity claims about what these tests measure.`` 

THE MOST RECENT STUDY SHOWS THAT COACHING DOES NOT SIGNIFICANTLY ENHANCE S.A.T. PERFORMANCE

Tony Schwartz, author of ``What Really Matters``The New York Times January 10, 1999: Section 6; Page 30; HEADLINE: The Test Under Stress  // acs-VT2000
	The most recent study, conducted by Powers and Donald Rock and released in November, surveyed 4,200 students who took that S.A.T. and compared those engaged in coaching activities outside of school with a group that did not receive such help.  The study found that the overall sample of coached students gained 21 to 34 points over those achieved by the uncoached sample. Among students who specifically attended Princeton or Kaplan, the average rise was 25 to 40 points. While these latter figures represent the highest overall gains that the College Board has found for coaching in recent years, they are considerably less than half the 140- and 120-point gains Princeton and Kaplan claim respectively for the average student taking one of their courses. 

VOUCHER-CHOICE PROGRAMS SO FAR HAVE NOT BEEN REAL FREE MARKET IN DESIGN

NO CURRENT VOUCHER PLAN HAS REALLY GONE ALL THE WAY TO A FREE MARKET APPROACH

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	Similarly, vouchers involve the incorporation of parental choice in the assignment of students to public schools with specialized offerings; in this way they are essentially similar to magnet schools. In the most comprehensive voucher program to date--the choice plan for the city of Milwaukee--private, entrepreneurial projects have been included in the voucher program. n18 No voucher program, however, allows for public payments to totally unregulated, privately-owned and operated schools based upon the number of voucher-eligible students it enrolled.

MOST VOUCHER OPTIONS HAVE NOT BEEN FREE MARKET, BUT MERELY MAGNET SCHOOLS AT BEST WITH LIMITED CHOICES ONLY

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	In operation, most voucher options that have been implemented look less like Friedman`s proposal and more like magnet schools. n126 While magnet programs may have increased the variety of school programs available to those amenable to their integrative goals, magnets are not autonomous schools. They do not markedly decentralize public schooling nor do they radically depart from common school policy. Similarly, most school choice programs depart only slightly from the public school norm. Like magnets, they offer the possibility for some innovative or specialized curriculum, but their greatest ameliorative potential is creating some market-mimicking competitiveness among public schools.

VOUCHER PROGRAMS ARE SMALL, SO IT IS HARD TO GET GOOD DATA FROM THEM ABOUT SOLVENCY

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	The small scale of extant voucher programs does not readily highlight the larger systemic problems to be expected should the free-market type solutions be given a free rein, although even on a small scale the problems are visible. Milwaukee`s voucher program suffered accusations and problems stemming from under-regulation. The Carnegie Foundation`s report found that one half of the private schools on the voucher system in the first year met their performance requirement merely by submitting attendance records stating that the average school attendance was ninety percent; no additional assurance of quality was required. Also in the first year one school shut down in the middle of the year from mismanagement. Carnegie Report, supra note 127, at 67. 

THERE IS NO REASON TO RISK A SWITCH TO A CHOICE SCHOOL SYSTEM

PRIVATE AND PUBLIC SCHOOLS HAVE THE SAME ACADEMIC ACHIEVEMENT LEVELS, SO VOUCHERS WHICH MOVE THEM FROM ONE TO THE OTHER ACCOMPLISH NOTHING

ROGER W. THORNTON; FRANK A. BUSH, directors of the superintendents  association and school boards association, December 11, 1998; THE INDIANAPOLIS STAR; Pg. A27 // acs-VT2000
	A comparison of test scores reveals that many private schools  have test score results similar to the public schools who serve  like students.  Those private schools involved in ``cherry picking``  have achievement levels similar to the highest performing public  schools.  Many private schools don`t register their test results  with the Department of Education, a requirement for public schools. 
A voucher/tax credit to a private school whose achievement scores  are no higher than the school from which the child leaves  accomplishes nothing. 

SCHOOLS FORMED UNDER MARKET-CHOICE PLANS WILL NOT BE VERY MUCH DIFFERENT FROM WHAT WE HAVE NOW

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	Henig has observed that, 
Market-based choice reforms are intended to change the process by which school-related decisions are made. Advocates presume that such changes in process will translate into changes in what actually goes on inside the classroom--the substance of education--but the link between process and substance is at best indirect. Part of the popularity of the choice proposals depends on different groups projecting their own vision of what the substantive consequences will be. More of them than not are destined to be disappointed. 

REINVESTING IN OUR EXISTING PUBLIC SCHOOL SYSTEM WILL GENERATE AS MANY IF NOT MORE BENEFITS THAN CHANGE TO CHOICE MARKET SYSTEMS

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	Reform advocates have fixated upon the market as an easy and immediate solution to a thorny and persistent dilemma. n113 Reinvestment in a system of public education - publicly funded and publicly provided - should get at least as much, if not more, consideration than alternatives that pose additional hazards without assuring improvements. n114 Such endeavors bring the community together to discuss broader social issues. n115 As Tyack and Cuban write, ``We have been critical of the utopian bent in American thinking that has resulted in great expectations and subsequent disillusionment. But the American faith in education has also been a powerful force for advancing the common good.`` n116 The dialogue about education should be kept alive in a public forum.

CHOICE PLANS WILL FAIL

MARKET REALITIES MEAN THAT CHOICE PLANS WILL FAIL

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 185
	Of course, in the real world other factors may reduce the market discipline imposed by choice arrangements. These factors include parents` imperfect information, restrictions on parental decisionmaking, reticence to change schools, and concerns with school qualities other than optimal school performance. Nonetheless, there is reason to believe that choice will help focus local policymakers; on the fundamental issues of performance.

THERE IS NO GUARANTEE THAT CHOICE PLANS WILL AVOID ADMINISTRATIVE PROBLEMS JUST BECAUSE THEY MOVE TO THE PRIVATE SECTOR

FREDERICK HESS, Brookings Institution, 1999; SPINNING
WHEELS: the politics of urban school reform // acs-VT2000
p. 185
	The analyses proffered by choice proponents presume that urban schools are in trouble primarily because they are public sector organizations. But many problems plague urban education: immensely troubled student populations, massive size, the loose linkages of schools to the central administrators and one another, multitiered leadership hierarchies that distance system leaders from the classrooms, constraints on administrative activity, unclear outcome expectations, and high visibility, These characteristics of urban public school systems are only partially a function of their public sector status. If choice proposals are not designed to address these concerns, they will not have the desired effects on the management of schooling.

FREE MARKET PRINCIPLES AND PLANS DO NOT WORK IN AN AREA LIKE EDUCATION

MARKET ANALOGIES DO NOT FIT BECAUSE IT IS HARD TO DEFINE THE PRODUCT OR SERVICE WHICH EDUCATION PRODUCES

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	Defining the product or service that a school provides has proven tricky. Chubb and Moe, leading advocates of market concepts in education, assert, ``On reflection ... it should be apparent that schools have no immutable or transcendent purpose. What they are supposed to be doing depends on who controls them and what those controllers want them to do.`` n21 Without a clear mandate, the ``controllers`` become private actors independent from any public consensus.

PROFIT SEEKING ENTITIES ARE ILL-SUITED TO DELICATE AND HARD TO EVALUATE TASKS LIKE EDUCATION

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	See Donahue, supra note 17, at 83 (arguing that profit-seeking entities are appropriate when tasks are easily evaluated, but end up too ``layered with constraints and specified procedures`` when dealing with delicate and difficult tasks).

PRECISELY BECAUSE EDUCATION IS COMPLEX, HARD TO EVALUATE, AND PAID FOR BY THOSE WHO DO NOT DIRECTLY BENEFIT, IT IS A POOR CANDIDATE FOR FREE MARKET REFORMS

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	A manageable and enforceable contract with for-profit private actors requires choices about which principles should dominate in public education. n106 Given the muddiness of defining the factors comprising education, n107 finding a place for profit is difficult. Precisely because the service is ``complex, difficult for a user to judge in terms of quality ...[, and] paid for by people who do not ultimately benefit from the good or service,`` nonprofit and public agencies that have no profit motive provide superior means of delivering trust. n108 Even advocates of wholesale conversion to contracting as a reform measure envision a public entity administering substantial safeguards. 

PUBLIC AND PRIVATE BENEFITS OF EDUCATION MAKE IT DIFFICULT TO CONTRACT FOR IT IN ADVANCE

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	The unclear boundaries of what constitutes ``education`` - the mastery of a set of academic subjects conferring private benefits to an individual, or the comprehensive social service necessary to shape the future citizenry and provide public benefits to the community n25 - make contracting in advance difficult. Limiting the product to specified elements may not serve broader student needs that surface later  [*700]  because the contracting parties will not be able to anticipate every contingency. The lack of flexibility resulting from narrow, preset contract terms may constrain or foreclose the option of serving both the private and public goals of education.

THE PROCESS OF ``CHOOSING`` THE RIGHT SCHOOL WILL FAIL

MARKET OPERATIONS DEMAND GOOD INFORMATION FOR CHOICE TO WORK, AND EDUCATION JUST DOESN`T HAVE THAT INFORMATION AVAILABLE

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	For the marketplace of education to function equitably, all parties should have easy access to information. But tracking performance at either the individual or school level is not an easy task. n74 Past performance may not be indicative of the future if circumstances, such as staff composition, change. n75 Grades have no clear external meaning, reports are difficult to interpret, and no national performance goals de  [*707]  fine what children should learn at each level. n76 For-profit organizations have an incentive to exploit information asymmetries n77 or even to compound them with deceptive advertising. Fraud may present a significant danger because these entities are often the suppliers of information. n78 Parents may choose schools based on imperfect information.

SCHOOL CHOICE SYSTEM ASSUMES THAT PARENTS CAN AND WILL USE INFORMATION WISELY, AND THIS IS AN UNTRUE ASSUMPTION

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	In addition, ``many parents evidence complacency with their children`s schools.`` n80 Despite the sense of crisis in public education generally, a recent Gallup Poll reports that given a choice between any public, private, or parochial school, fifty-one percent of public school parents would elect their present public school. n81 Sixty-two percent would give the public school their oldest child attends a grade of ``A`` or ``B`` but this group gave the same grade to only sixteen percent of public schools in the nation as a whole. n82 The wide disparity may indicate that parents cast a less critical eye once a bond is formed. This data suggests a complacency that restricts the effectiveness of choice as market regulator. 

DIFFICULTIES IN MEASURING EDUCATION RESULTS MAKE IT IMPOSSIBLE TO CHOOSE SCHOOLS WISELY

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	Hill, Pierce & Guthrie, supra note 9, at 135 (``School performance measurement presents new challenges both to educational measurement and to law.... A contracting system makes the need [to link performance assessment and accountability] transparent but does not create it.``). Because of the difficulty of measuring effectiveness (developing a learned citizenry, fostering civic and democratic values, etc.), program evaluations often focus instead on operational efficiency (using data such as enrollment or costs). ``When goals are vague, or long-term, the tendency to substitute operational measures for deeper evaluation is especially strong.`` Sharon M. Oster, Strategic Management for Nonprofit Organizations 141 (1995). 

MANY PARENTS FAIL AT IMPORTANT DECISIONS, SO STUDENTS WOULD LOSE OUT IN A COMPETITIVE CHOICE ENVIRONMENT

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	But a market system with private providers relies on the self-interest of parents and students to select providers. In such a system, the seller may focus disproportionately on those most interested in securing the highest quality of education for the individual student although all taxpayers are the buyers. n33 If every parent and child started with the same resources, the distribution of benefits would be less troubling. However, some parents and students are active in managing educational opportunities while others are unable or unwilling to do so. Therefore, some individuals would flourish under a choice regime and others would suffer - the aggregate result for society may encompass a variance too great to be acceptable. A select population, arguably those already optimizing opportunity in the current system, benefit to the further detriment of those already poorly served.

PARENTS AND STUDENTS MAY CHOOSE SCHOOLS WHICH DO NOT PROMOTE ACADEMIC ACHIEVEMENT

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	That parents choose schools for non-academic reasons further hinders market efficiency. Surveys in several cities reveal that only about a third of students who switched schools did so because of academic concerns. n79 And some factors may weigh against switching schools at all. Because the school term is set, parents may be reluctant to dislocate a child within the school year. The child may also pressure parents to be allowed to remain at an academically sub-optimal school because of an established social base.

CHOICE-VOUCHER PLANS WILL NOT IMPROVE ACADEMIC ACHIEVEMENT

EVIDENCE OF ACADEMIC ACHIEVEMENT INCREASES IN CHOICE SCHOOLS IS EXTREMELY LIMITED

Richard J Murnane & Frank Levy, Federal Reserve Bank of New York Economic Policy Review , March, 1998; Pg. 117 HEADLINE: Standards, Information, and the demand for student achievement // acs-VT2000
	To date, evidence on the academic achievement of low-income children in choice programs is extremely limited. The most intensively studied program is the Milwaukee choice program. The math achievement scores of children who remained in the Milwaukee private schools for several years increased more--by 1 or 2 percentage points per year--than the math achievement scores of comparable students in Milwaukee public schools. There were no statistically significant differences in the rates of growth in reading achievement (Rouse forthcoming). 

INDIVIDUAL CHOICE OF SCHOOLS WILL NOT GUARANTEE IMPROVED ACADEMIC ACHIEVEMENT

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	Individual Choice May Not Improve Academic Quality. - The promise of better education through market forces faces several barriers. Informational asymmetries, unaligned incentives, and additional monitoring suggest that reliance on market forces may not guarantee a higher quality education, even for students actively managing their opportunities. 

VOUCHER PROGRAMS WILL NOT BE ABLE TO REPLICATE SUCCESSFUL SCHOOLS

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	Another potential problem with vouchers/choice is replicating successful schools to meet student demand. See, e.g., Marsha Ginsburg, Can S.F. Create Another Lowell High? Parents Want More Academic Alternatives, The San Francisco Examiner, Mar. 6, 1994, at B-1. 

PUBLIC EDUCATION BALANCES PUBLIC AND PRIVATE INTERESTS, PRIVATE ALTERNATIVES RISKS DAMAGE TO EDUCATIONAL ACHIEVEMENT

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	Government provision of education ideally allows all to participate and balances individual interests to derive social benefit. Private delivery introduces several risks to that equitable ideal, and an additional quest for profit injects uncertainty about the provider`s commitment to delivering the best education possible within the constraints of tight budgets and evolving community standards of education.

THE MARKET APPROACH CELEBRATES SELF-RELIANCE AND INDIVIDUAL INDEPENDENCE WITHOUT REALIZING THAT EDUCATION MUST COME BEFORE EITHER OF THOSE

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	Privatization poses a danger of devaluing education`s role in our society for several reasons. Third, the marketplace idea celebrates the notions of self-reliance and individual independence without recognizing that education is a precursor to those attributes. A choice regime accepts that only a few individuals will benefit while others are left behind, n90 most likely the ``at risk`` students whose inclusion best fulfills the notion of equal access to education for all. n91 Society`s abdicating responsibility to educate equally, without regard to ability or initiative, may prevent some students from ever navigating markets effectively.

CHOICE SCHOOL SYSTEM IS UNSTABLE AS MANY SCHOOLS FOLD UP AND NEW SCHOOLS SPRING UP

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	Second, reliance on private providers may compromise stability. n60 Securing funding is one of the most critical barriers for charter schools, n61 and private contractors raise financial concerns absent with the government. n62 In one case, a nonprofit private school served less than eighteen months before closing due to financial difficulties. Several of the private schools involved in the Milwaukee Choice Program closed midyear and left students stranded without services. See Ascher, Fruchter & Berne, supra note 3, at 72. 

CHOICE VOUCHER PROGRAMS WILL NOT SOLVE FINANCING PROBLEMS, BUT CREATE HUGE NEW ONES

VOUCHERS AND TAX CREDIT WILL BE HUGELY EXPENSIVE BECAUSE ALL OF THOSE STUDENTS CURRENTLY IN PRIVATE SCHOOLS CAN CASH IN

ROGER W. THORNTON; FRANK A. BUSH, directors of the superintendents  association and school boards association, December 11, 1998; THE INDIANAPOLIS STAR; Pg. A27 // acs-VT2000
	Further progress in meeting the needs of all students could be  jeopardized if the media and legislators skew the discussion toward  issues such as vouchers and tax credits.  The discussion so far has  evaded two significant topics.  How much will it cost to provide  vouchers or tax credits for the state`s 100,000 students already in  private schools?  What criteria will govern schools that receive  either vouchers or tax credit students? 
With an estimated 10 percent of Indiana`s students historically  enrolled in private schools, funding for students already in  private schools makes vouchers/tax credits either very expensive or  clearly discriminatory.  Either every student already in private  schools has access to the voucher/tax credit or someone is cheated. 

SCHOOL CHOICE PROGRAMS ARE INSUFFICIENT TO RESOLVE SCHOOL FINANCING PROBLEMS

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	For a look at how funding school choice may conflict with traditional school finance methods, see Jim Hilton, Local Autonomy, Educational Equity, and Choice: a Criticism of a Proposal to Reform America`s Educational System, 72 B.U. L. Rev. 973 (1992) (arguing that local property tax funding is hard to justify when the municipality gives up substantial control of its schools; disparate funding may also face challenges under state equal protection and education clauses); James A. Peyser, supra note 29, at 628 (conceding that choice alone is insufficient ``at least in the short run``). 

SCHOOLS WILL COMPETE BASED ON COUNTER-PRODUCTIVE STANDARDIZED TEST SCORES

CHOICE SCHOOLS WILL COMPETE BASED ON STANDARDIZED TESTS

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	n45. See Berliner & Biddle, supra note 3, at 14 (``Although we are not sure how appropriate it is to use standardized test data to judge the performance of schools, such tests do provide hard, objective evidence that seems relevant to claims about achievement. Standardized tests appear to be rocks of stability in a sea of unanchored opinions ....``). 

STANDARDIZED TEST SCORES ARE A POOR WAY TO CHOOSE SCHOOLS

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	However, testing is not necessarily a popular option. Only 50% of those polled considered standardized test scores to be a very important measure of the effectiveness of public schools. See Gallup Poll, supra note 42, at 48. Furthermore, the value of testing is limited because test results cannot reveal qualitative measures such as whether the school is providing the optimal learning environment.

CHOICE SCHOOL USE OF STANDARDIZED TESTS WILL BE MISLEADING TO PARENTS AND HARMFUL TO STUDENTS

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	n49. Cindy Rodriguez, In Roxbury, Doubts on Fairness, Boston Globe, May 5, 1998, at A18; see Finn, supra note 48, at 170. See Ascher, Fruchter & Berne, supra note 3, at 15 (noting that critics of privatization have pointed out that standardized tests are ``primitive`` and ``yield[ ] results that are incomplete and often misleading``); Darling-Hammond & Ancess, supra note 19, at 151, 163-64 (``The role of testing in reinforcing and extending social inequalities in educational opportunities has by now been extensively researched and widely acknowledged.`` (citation omitted)). 

 FINANCIAL MOTIVATIONS CREATED BY CHOICE-VOUCHER PLANS WILL CREATE HUGE EDUCATIONAL INEQUALITIES

PROFIT SEEKING SCHOOLS WILL AVOID POPULATIONS WHICH ARE DIFFICULT AND EXPENSIVE TO SERVE, MAKING THEM MUCH WORSE OFF THAN IN THE STATUS QUO

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	Seeking profit, educational providers may shirk populations that are difficult to integrate and more costly to serve, n35 and segregate undesirable from desirable students. For example, the Edison Project (Edison), a high-profile launch in for-profit education, runs the Boston Renaissance charter school. n36 Critics assert that Edison does not have ``a clue to handling people from nonmainstream, nonprivileged backgrounds.`` n37 Edison is accused of ``counseling out,`` or suggesting to  [*702]  parents of problem students ``that they and their children would be better off if they took their children back to the regular Boston public school system.`` n38 This divergent impact on student groups exacerbates, rather than cures, the current ills in public education.

TURNING TO THE PRIVATE SECTOR WILL HURT THE MOST DISADVANTAGED AND THREATEN DEMOCRATIC IDEALS OF PUBLIC EDUCATION

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	This Note argues that relinquishing public delivery of education services fails to help those who are most disadvantaged by defects in the current system while jeopardizing the ideals that underlie publicly funded, universally available education.

CHOICE PLANS WILL PROMOTE VAST INEQUALITY IN EDUCATIONAL OPPORTUNITY

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	On the other hand, to court more independent voucher programs is to court their inherent dangers of perpetuating and increasing inequality of educational opportunity, particularly by class, under the seemingly neutral guise of choices by individuals. There are a number of possible dangers: that the better voucher schools will require tuition supplements, leaving the poor to bare-bones voucher-only schools; that schools may cut costs by labeling difficult students and expelling them to some public school of last resort; that policing would be needed to assure that the schools did not reject students on the basis of suspect characteristics; that the voucher schools will simply siphon off the ``cream of the crop`` leaving the rest in some sort of residual public setting; that the vouchers are simply devices to funnel funds into the parochial school systems at the expense of the public system.

FOR PROFIT EDUCATION MAKES IT A BUSINESS, NOT A SOCIAL ENTERPRISE, WHERE ECONOMIC INCENTIVES RULE

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	For-profit contracting amplifies these risks because of its incentive and its scope. The profit motive makes schooling a business like any other, not a social enterprise, n92 and elevates personal choice over public good. Other private delivery options, such as charter schools, present similar risks but remain a limited experiment intended to spur innovation in public schooling. n93 Individual decisions to opt out of the public systems, through private schools or homeschooling, also represent small populations. n94 However, for-profit contracting relies on achieving large-scale implementation for profits to materialize. Furthermore, smaller-scale exit decisions do not entail full funding through public sources and the associated obligation to pursue social good implicated by for-profit contracting.

BECAUSE THE PRODUCT OF EDUCATION IS ILL-DEFINED, PROFIT SCHOOLS WILL SHORTCHANGE STUDENTS TO MAKE MONEY

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	Private for-profit providers introduce an additional concern because they invariably wrestle with a conflict of interest between shareholders and customers. n64 Profits depend on the extent to which costs are lower than revenues. But revenues are fixed in management contracts, which are set by the school district. n65 Especially when the product is undefined, maximizing profitability may cut costs at the expense of student needs. n66 Discretion must be limited in the contract to prevent excessive cost-cutting. n67 Anticipating and providing for all contingencies may be an unwieldy task

PROTECTIONS TO STOP CHOICE SCHOOLS FROM DISCOURAGING HARD TO SERVE STUDENTS CAN BE CIRCUMVENTED

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	The protections instituted to protect selected groups may become less effective. A profit-seeking provider may encourage those students with special needs who are more difficult and costly to educate to waive certain rights to foreclose potential costs. Due process concerns may be cast aside, and costly special education entitlements may be discarded. n39 Evaluation of EAI`s Baltimore program highlighted troubling cuts in special education programs. n40 Such incidents curtail the universal reach of public education by excluding a sector of the student population.

IN CHOICE-VOUCHER PLANS CONSUMERS WILL DEMAND EDUCATIONAL ELITISM AND INEQUALITY

CONSUMERS DEMAND A STRATIFIED STRUCTURE WITHIN EACH LEVEL OF SCHOOLING SO THAT DIFFERENCES BETWEEN STUDENTS ARE READILY APPARENT

DAVID LABAREE, Prof. Education Michigan State Univ., HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 29-30
	Third, consumers demand a stratified structure of opportunities within each institution, which offers each child the chance to become clearly distinguished from his or her fellow students. This means that they want the elementary school to have reading groups (high, medium, and low) and pull-out programs for both high achievers (gifted and talented programs) and low achievers (special education); they demand high school tracks offering parallel courses in individual subjects at a variety of levels (advanced placement, college, general, vocational, remedial); they insist upon letter grades (rather than vague verbal descriptions of progress), comprehensive standardized testing (to establish differences in achievement), and differentiated diplomas (endorsed or not endorsed, regents or regular). Parents are well aware that the placement of their children in a high ability group or program or track can give them an advantage in the competition for admission to the right school and the right job and can forestall early elimination in education`s process of ``tournament mobility. As a result, parents actively lobby-to gain advantageous placement for their children; and they vigorously resist when educators (pursuing a more egalitarian vision) propose to eliminate some form of within-school distinction or another -by promoting multiability reading groups, for example, ending curriculum tracking, or dropping a program for the gifted.

CONSUMERS DEMAND ELITE EDUCATION, THUS GUARANTEEING QUALITATIVE DIFFERENCES IN SCHOOLING

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 28-29
	Second, because each level of the system constitutes a large category offering at best rather crude distinctions, consumer-minded parents or students also demand a structure of education that offers qualitative differences between institutions at each level. They want to attend the high school or college that has the best reputation and therefore can offer its graduates the greatest distinction in competition with graduates from the lesser institutions. This kind of reputational difference can lead to preferential access to jobs and further education. Which is why the value of a house in any community depends in part on the marketability of the local school system; and why wealthy suburban communities aggressively defend the high status of their school systems by resisting any efforts to reduce the striking differences between systems  efforts to redistribute tax revenues in order to equalize per capita school spending, for example, or to bus students across district boundaries in order to reduce class and race discrepancies between schools.  At the college and graduate levels, the same kind of concern leads to an intense effort by consumers to gain  admission to the best-regarded institutions. Parents are will ing to spend as much as $30,000 a year to send their child to an Ivy League school, where the reputational rewards are potentially the greatest. As a result, universities must cultivate their reputational ranks to help maintain market position. ``In the competition for resources,`` said a spokesman at Pennsylvania State University, ``reputation becomes the great variable on which everything else depends. The quality of students, faculty and staff an institution attracts; the volume of research grants and contracts, as well as private gifts; the degree of political support -all these and more hinge on reputation. Within this status-conscious world of higher education, high tuition may be not a deterrent but an attraction, because it advertises the exclusivity and high standing of the institution (which then offers discounts in the form of scholarships) .

CONSUMERS DEMAND THAT EDUCATION BE A GRADED HIERARCHY SO THAT THE RICH WILL STILL HAVE AN ADVANTAGE

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p.28
	First, these consumers demand that schooling take the form of a graded hierarchy, which requires students to climb upward through a sequence of levels and institutions and to face an increasing risk of elimination as they approach the higher levels of the system. The result is a system shaped like a pyramid. As students ascend through high school, college, and graduate or professional school, they move into an atmosphere that is increasingly rarefied, as the numbers of fellow students begin to fall away and the chance for gaining competitive advantage grows correspondingly stronger. And from the social mobility perspective, the chance to gain advantage is the system`s most salient feature. There is convincing evidence that consumer demand for this kind of educational distinction (rather than a societal demand for human capital) has been largely responsible for driving the extraordinary upward expansion of education in the United States during the past 150 years . For as enrollments have moved toward universality at one level (first the grammar school, then the high school, and most recently the college), the demand for social distinction necessarily has shifted to the next higher level. Randall Collins describes the social consequences of this ongoing effort to establish and maintain relative educational advantage: ``As education has become more available, the children of the higher social classes have increased their schooling in the same proportions as children of the lower social classes have increased theirs; hence the ratios of relative educational attainment by social classes [have] remained constant throughout the last 50 years and probably before. 

CHOICE-VOUCHER PROGRAMS WILL NEVER BE FREE OF GOVERNMENT REGULATION, THUS DESTROYING THE LOGIC OF THE MARKET

PRIVATIZATION COULD INCREASE GOVERNMENT`S ROLE THROUGH NECESSARY REGULATIONS

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	Privatization potentially increases government`s role through ``the regulations, obligations, and restrictions that accompany contracts.`` Smith & Lipsky, supra note 108, at 204 (calling this phenomenon one of the ironies of privatization). The government would be responsible for licensing, see Hill, Pierce & Guthrie, supra note 9, at 137, specifying core curricula and services, see id. at 141, setting expectations and standards, see id., and overseeing a grievance procedure, see id. The contractor might initially propose many of these functions, but agreeing to terms requires that the school district be well informed. Enforcement would also require independent monitoring and evaluation, as well as the inevitable testing that might also involve a third party. See id. at 146. 

MARKET-BASED SCHOOLS WILL BE OF UNEQUAL QUALITY, REQUIRING REGULATION, WHICH MERELY ADDS A NEW LEVEL OF BUREAUCRACY

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	 First, in a market scenario, private providers are supposed to vary in quality. The general success of charter schools has been tainted by incidents involving substandard curricula, fraud, and corruption. n58 Market provision tolerates inconsistency and thus requires continued regulation to hold sellers to a socially acceptable minimum standard  [*705]  and to protect the consumers. This added layer of bureaucracy compromises the promise of efficiency. 

VOUCHERS WILL NOT BREAK THE CONTROL ON EDUCATION BY ITS MEGA-INSTITUTIONS

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	While the first two strategies loosen Uncle Sam`s grip and shift power away from Washington, the third demands vigorous federal action. It calls for Big Government to tackle Big Education. Think of it as trust busting. 
Even if all federal programs were block granted or voucherized, after all, the present power structure would still be in charge. School administrators, teachers` unions, colleges of education, and similar groups have erected a fortress that devolution may slightly weaken but will not vanquish. Lisa Graham Keegan, Arizona`s crusading Superintendent of Public Instruction, understands this all too well. By pressing for charter schools, for school choice, for capital dollars ``strapped to the back`` of individual children, and for tough statewide standards, she has started to break the establishment`s grip on education. Keegan recognizes, as David Brooks recently reported in the Weekly Standard, that ``if you really want to dismantle the welfare state, you need a period of activist government; you need to centralize authority in order to bust entrenched interests.`` 

MOST CHOICE PLANS GIVE LOCAL AUTHORITES MANY CONTROLS OVER SUPPOSEDLY FREE SCHOOLS

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	In any event, most extant choice plan schools are generally subject to the same restraints that apply to public schools in the relevant political subdivision, except for possible special waivers in work rules. Consequently, they do not open a new avenue for an African-American community to establish a project like a strong Afrocentric male academy. 

GOVERNMENTAL BODIES CAN STILL IMPOSE CONDITIONS AND PRACTICES ON PRIVATE SCHOOLS

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	Political philosophies notwithstanding, there is no way to put the genie entirely back in the bottle; that the policy was implemented through the spending power, and that the educational policies can be so implemented is a potentiality that the government retains. One commentator, Mark Tushnet, has argued provocatively that a governmental body can impose on private schools, by statute or regulation, most of the legal constraints currently borne by public systems. n107 He concludes that ``the distinction  [*92]  between public and private schools that is part of the standard conceptual apparatus of constitutional lawyers turns out to be substantially thinner than many would find comfortable.``

CHOICE-VOUCHER PLANS LEAD TO EDUCATIONAL CONSUMERISM AND KNOWLEDGE COMMODIFICATION

PRIVATIZING EDUCATION WILL TURN SCHOOLING INTO ANOTHER PRODUCT

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	The introduction of profit motives into education more sharply raises the concerns about turning public schooling into a product privately selected and privately delivered. n8 Publicly funded for-profit ventures pose hazards distinct from those of private schools because for-profit ventures are paid out of general public funds, and from those of public charter schools because for-profit ventures are experiments of a larger scale. Because for-profit education companies rely on economies of scale to turn a profit, they propose to change the system in its entirety rather than accommodate individual opt-outs or school-by-school exit innovations.

PRIVATIZATION OF EDUCATION REDEFINES EDUCATION AS A COMMODITY, NEGLECTING ISSUES OF SOCIAL GOOD

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	A market system introduces the further risk of abandoning the public good ideal inherent in public education. Replacing public delivery with private providers sends a message about the nature of the good involved, its place in society, and the duties of all citizens to contribute to producing that good. 
Privatization poses a danger of devaluing education`s role in our society for several reasons. n84 First, encouraging a privatized ``business`` of education suggests that education is a commodity or a readily mechanized process of inputs and outputs rather than a vehicle for deliberation, debate, and decisionmaking. Accepting profiteering suggests that the value of education can be readily measured with money. A market treatment of education also suggests that education is a transaction between the provider and the student, especially once that provider ceases to be a public agency. Hence, education ceases to embody a societal good that provides benefits to a broader community. The 1990 census reported that fewer than twenty percent of households in the United States included children of school age. n85 A market-based attitude could relieve eighty percent of households from an obligation to become involved in education issues generally, much less in public school issues.

EDUCATION IS NOT JUST ABOUT PRIVATE BENEFITS (ACADEMIC ACHIEVEMENT) BUT ALSO ABOUT PUBLIC BENEFITS (SOCIAL IMPACTS OF SCHOOL), AND COMMODIFYING EDUCATION THROUGH MARKET APPROACHES FAIL TO DELIVER THESE PUBLIC BENEFITS

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	Past reform measures have concentrated on the second problem, academic failure. n16 Preoccupation with the economic consequences of poor academic performance distills education into private benefits alone and misconceives public benefits as the sum of individual ones. n17 Armed with this economic monocle, business interests in the early twentieth century pushed for vocational education, which would be more practically useful for students from lower socioeconomic classes and for a rapidly industrializing society. n18 Although these changes increased access to school, in the end, they ``served above all to reproduce the inegalitarian social order of the larger society`` rather than offering ``common schooling for democratic citizenship.`` n19 This experience suggests that the current drive to commodify education, and its resultant emphasis on private benefits and self-interest, neglects the public value of education and fails to recognize that public schooling is ``more than a simple mechanism for delivering a commodity to consumers.``

IT IS MARKET FORCES WHICH ARE TO BLAME FOR THE PROBLEMS IN THE AMERICAN EDUCATIONAL SYSTEM CAUSED BY A FOCUS ON CONSUMERISM

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 253
	The core problem is not with student attitudes, which under the circumstances are quite understandable, but with the market-based incentives that shape these attitudes within U.S. education. What is irrational is not the behavior of educational consumers but the emerging structure of the educational system. There is, in fact, nothing rational about such a system - which promotes personal advantage at public expense; which goes out of its way to create and preserve educational distinctions that undercut real educational accomplishment; and which produces more graduates than employers need or taxpayers can afford.

WE MUST OPPOSE CONSUMERISM AND CREDENTIALISM IN EDUCATION BY KEEPING EDUCATION IN THE PUBLIC SECTOR

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 52
	All of this provides us with a potent array of experiences, practices, arguments, and values that we can use in asserting the importance of education as a decidedly public institution. It enables us to show how the erstwhile privatizers are only the latest example of a long-standing effort to transform education into a consumer commodity, and to demonstrate how this effort has already done considerable damage to both school and society - by undermining learning, reinforcing social stratification, and promoting a futile and wasteful race to attain devalued credentials. In short, the history of conflicting goals for U.S. education has brought contradiction and debilitation, but it has also provided us with an open structure of education that is vulnerable to change; and it has given educators and citizens alike an alternative set of principles and practices that support the indivisibility of education as a public good.

CHOICE-VOUCHER PLANS ROB SCHOOLS OF THEIR PUBLIC AND DEMOCRATIC FUNCTIONS

SCHOOL CHOICE PROGRAMS CAN BE ANTI-DEMOCRATIC

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	See Henig, supra note 27, at 51 (``The market-based reform plans that are my primary focus can be antidemocratic in substance, a fact that the current momentum of the `do something` movement temporarily obscures.

PUBLIC SCHOOL SYSTEM IS IMPORTANT FOR EXPRESSION OF COMMUNITY WILL IN WAYS A CHOICE SYSTEM CANNOT

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	While reports of declining competitiveness in core curriculum fuel calls for educational reform, they also draw attention to the political debate over the various purposes of public education. One of the questions at the center of this debate asks how, in the absence of a system of public education, will the content of important non-core curricula be transmitted to young Americans. School choice opponents, many of whom have consistently championed the need for growth in non-core curricula, suggest that the education reform movement is grounded in America`s reaction to the social problems of our young people--problems which are unrelated to core curricula but which are increasingly addressed by specialized non-core offerings. n64 They maintain that  [*36]  public receptiveness to the concept of an education crisis reflects concern over the decline of personal values among young Americans and a disillusionment with drug use, violence and teen pregnancy as opposed to declining literacy. n65 Defenders of public education conclude that the need for non-core curricula is greater than ever, and that public schools offer the ideal forum for such programs. This theory implies that market-based choice proposals may thwart efforts to address social problems at the local school level by destroying one of the last open forums of debate and exchange regarding community and societal values. In this regard, the Carnegie Foundation for the Advancement of Teaching has cautioned that school choice and its emphasis on the empowerment of the individual parent should not ignore the role of the public school system as a conduit for the development of a sense of community and civic responsibility.

PRIVATIZATION OF EDUCATION DAMAGES THE SOCIAL CONCEPTS OF COMMONALITY AND UNIVERSALITY AND LEADS TO SOCIAL SPLINTERING

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	Privatization poses a danger of devaluing education`s role in our society for several reasons. Second, allowing the search for the private benefits of education to overcome public benefits abandons the ideals of commonality and universality. Private choices may lead to de facto segregation - even sanctioning schools that espouse extremist views. n87 Rather than foster diversity within one system, privatization accommodates diversity by allowing groups to splinter. n88 Private providers picking whom to serve, as well as individuals choosing with whom to go to school and which values to learn, weaken rather than reinforce existing community ties.

SCHOOLS NEED TO BE RESPONSIBLE TO THE ENTIRE COMMUNITY, NOT JUST THE PARENTS

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	Schools have a responsibility toward all children and the community as a whole, not only those with involved parents: 
    Schools also need to be accountable to the larger community through the contracts they have with public authorities.... Relying solely on parent choice only holds the school responsible for the private benefits of education. The public authority awarding the contract needs a way to hold schools accountable for the public purpose of education. [Hill, Pierce & Guthrie]

PUBLIC NATURE OF SCHOOLS HAS BEEN RESPONSIBLE FOR EXPANDED FOCUS ON BROAD SOCIAL PROBLEMS

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	Yet giving clear guidance to private actors beforehand may be unrealistic because public consensus is often difficult to reach. Politicians and courts have been unable to agree on what constitutes an adequate education. n22 The curriculum in public schools has expanded to deal with the contemporary social issues of violence, teen pregnancy, and illegal substance dependency that often make teachers counselors as well as educators. n23 The inclusive ideal of public education has meant incorporating physically and mentally disadvantaged students into the mainstream. n24 In addition, many public schools include vocational and arts training, as well as competitive sports programs.

CHARTER SCHOOLS ARE A BAD IDEA

CHARTER SCHOOLS PRODUCE BENEFITS IN BASIC SKILLS BY SACRIFICING EVERYTHING ELSE

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	Released from certain curricular requirements, charter schools may have a better chance of delivering improved student performance in the ``basics`` of reading, writing, and arithmetic by foregoing these ``extras.`` Cf. Toch, supra note 26, at 37, 40 (criticizing the ``pledges of swift and simple routes to graduation`` promised by charter schools that require few hours of attendance, set low academic standards, and give credit for afterschool work). 

CHARTER SCHOOLS ARE A MUCH WEAKER FORM OF CHOICE THAN VOUCHER PLANS

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	Loosely grouped under the banner of school choice are a number of school reforms and proposals that have gained currency such as charter schools and voucher programs. Although not uniform from state to state, many states already have charter schools and voucher programs in operation. Under some schemes, the charter schools vary little from magnet schools. n17 Some states have stronger charter schemes that allow greater independence, but no charter program permits as much freedom as permitted for fully private schools.

MAGNET SCHOOLS ARE A BAD IDEA

MAGNET SCHOOLS MAKE PROBLEMS WORSE FOR OTHER SCHOOLS

John E. Chub & Terry M. Moe, Brookings Institution,1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.209
	They have worked less well in promoting districtwide improvement in school effectiveness. Like alternative schools generally, magnets typically offer choices to just a small portion of the district`s students, and they leave the traditional system as a whole intact. Moreover, they can have a negative impact on the rest of the schools. Their additional funding and equipment may (depending on their source) result in a smaller pie for the remaining schools to divide up. Magnets tend to attract the best, most innovative teachers away from regular schools of assignment, which then threaten to become dumping grounds for the district`s mediocre teachers (especially if magnets are allowed to rid themselves of staff they do not want). Magnets also tend to attract the best, most interested students and parents, making the job of the regular schools still more difficult. 

MAGNET SCHOOLS FORCE STUDENTS TO FORWEAR THEIR CIVIL RIGHTS UPON ENTERING

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	Robert M. Hardaway, America Goes to School: Law, Reform, and Crisis in Public Education 166 (1995) (advocating magnet classrooms as a means to improving public schools, even though such classrooms may require that their students sign a voluntary ``waiver of such due process rights as a formal hearing, cross-examination, the right to counsel, the right against self-incrimination, and the like``). 

MAGNET, CHARTER, AND CHOICE PROGRAMS HAVE NOT BEEN APPROPRIATE MEANS FOR SCHOOL RACIAL INTEGRATION

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	Measures designed to effectuate integration at a faster pace include magnet and charter schools, school choice or voucher programs, privatization of schools, school-business partnerships, and adoption of educational standards. Magnet and charter schools, adopted by many districts, focus on specialized curriculum and tailored school structure. However, these programs are plagued by funding inequities, lack of sufficient publicity or information for students and parents, and difficulty in replicating successes. n29 School choice and voucher programs face  [*111]  similar problems and do not always lead to true integration, either. n30 Privatization on a large scale remains untested, but pilot programs have not fared well. n31 

MAGNET SCHOOLS OFTEN EXCLUDE MINORITY STUDENTS MOST IN NEED OF SPECIAL ENRICHED PROGRAMS

John M. Vickerstaff, January, 1998, Journal of Law & Education, CHALK TALK: Getting Off The Bus: Why Many Black Parents Oppose Busing // acs-VT2000
	A major irony in desegregation efforts is that black students, the historically (and still) disadvantaged group, are often barred from attending magnet schools or other specialized schools when those schools are in danger of exceeding their minority student quotas. n18 The result is that poor black students are denied access to ``good`` schools and forced to ride a bus to another neighborhood to attend ``average`` schools. For example, in Prince George`s County, Maryland, there were 4,100 African-American students on waiting lists for  [*160]  magnet programs in 1995. n19 In one sense, this aspect of busing--and desegregation quotas generally--perpetuates the type of negative racial discrimination which Brown was intended to remedy.

MAGNET SCHOOLS HAVE NOT BEEN ABLE TO SOLVE SCHOOL SEGREGATION

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	For a thoughtful critique of magnet schools, see Kimberly C. West, A Desegregation Tool That Backfired: Magnet Schools and Classroom Segregation, 103 Yale L.J. 2567 (1994) (reporting that racial segregation continues in magnet programs). 

BOOT CAMPS ARE A BAD ALTERNATIVE

BOOT CAMPS FOR JUVENILES ARE A FAILURE

Peter S. Canellos, Contributing Roporter, BOSTON GLOBE, April 30, 1989, PAGE: 29 SHERIFFS, LAWMAKERS EXPLORE ALTERNATIVES TO JAIL //acs-VT2000
At least one former supporter of boot camp has turned into a skeptic, however. Larry R. Meachum, who opened the first prisoner boot camp in the nation while serving as commissioner of corrections in Oklahoma, opposed such a proposal when it came up in Connecticut, where he now serves as corrections commissioner.
Meachum, a one-time acting corrections commissioner in Massachusetts, cited three potential pitfalls in the program, said Connecticut corrections spokesman William Flower.
- The ``widening-net syndrome.`` Judges, seeing the boot camp as a positive alternative for jail inmates, will sentence to jail young delinquents who would otherwise be placed on probation, adding to the corrections population rather than reducing it.
- Limited effectiveness. ``That `scared straight` philosophy doesn`t work for everyone,`` Flower said. ``Some of the street toughs like it. They like the violence of it.``
- Brutality. ``It can lead to training instructors going into excess,`` Flower said. Instructors have a hard time taming the street kids, he said, and respond, as in the military, by demanding more and more physical exercise.
``He started the first one in the country in Oklahoma,`` Flower said of Meachum. ``What he discovered is the support systems for the program have to be in place before you do a boot camp. It`s not the simple solution that it appears to be. It`s not the panacea that people think it is.``

AMERICA`S FOREMOST EXPERT ON BOOT CAMPS SAYS THEY DO NOT REDUCE RECIDIVISM -- THEY FAIL

GARY MARX, Chicago Tribune, Oct. 12, 1994, From: NewsHound@sjmercury.com HARD TIME: BOOT CAMPS FORCE OFFENDERS TO SHAPE UP? \\ acs-VT2000
``The simplistic view that military and physical training will work (in reducing recidivism) is wrong,`` says Doris MacKenzie, a University of Maryland criminologist who is the nation`s foremost expert on boot camps. ``Many boot camps Use punishment for punishment`s sake. They try to make it look tough for the public, but they are not doing what really works.``

BOOT CAMPS ARE NOT WORKING

GARY MARX, Chicago Tribune, Oct. 12, 1994, From: NewsHound@sjmercury.com HARD TIME: BOOT CAMPS FORCE OFFENDERS TO SHAPE UP? \\ acs-VT2000
There`s only one problem: boot camps aren`t working, or at least not as well as politicians and other proponents said they would. Nationwide, more than one-third of all offenders who enter boot camps drop out before they graduate. And boot camp graduates do not have significantly lower recidivism rates than inmates with similar backgrounds who are put on probation or serve time in regular prisons, studies show.

 PROSPECTS FAR DIMMER FOR BOOT CAMP GRADUATES

Sarah Glazer, Congressional Quarterly, March 13, 1994, in DALLAS MORNING NEWS , ``Is bootcamp structure, discipline enough to reform troubled youths?; Studies show the recidivism rate rises the longer its graduates stay on streets //  js-VT2000
Prison boot camps lack a key aspect of military boot camps, says Dale Parent, a senior analyst at the Cambfidge, Mass., consulting firm Abt Associates who studied boot camps in 1989. After military training, he says, recruits graduate to several years of guaranteed employment, education, housing and opportunity for advancement. Prospects are far dimmer for prison boot camp graduates.

NO EVIDENCE THAT BOOT CAMPS WORK

STAFF WRITER March 4. 1994 PHOENIX GAZETTE, RETHINK THE BOOT CAMPS // js-VT2000
 That`s the same assessment made by Dennis Palumbo, professor of Justice studies at Afizona State University, who braced the criminal histories of 68 participants in the state`s shock incarceration program, a similar prison diversion program designed for young adult offenders. ``It`s good public relations, but there`s no evidence whatsoever that these programs work,`` he said in an interview earlier this year. Professor Palumbo said it is unrealistic to assume that three months of military style discipline can make up for a lifetime of dysfunctional behavior and family life.

PROBLEM KIDS STILL GET INTO TROUIBLE AFTER BOOT CAMP

MARY TOOTHMAN, The Tampa Tribune,  January 17, 1996, Pg. 1, HEADLINE: Jury is out on boot camp; a family waits //acs-VT2000
      But a new study has been released that casts doubt on whether boot camps work well in terms of keeping kids out of trouble. More than one of every three troubled teens sent to a boot camp, wilderness camp or residential-treatment program get in trouble again within a year of release, the study says.

RELIGIOUS SCHOOLS ARE A BAD ALTERNATIVE

RELIGIOUS SCHOOLS ARE A VAST GULAG OF ABANDONED CHILDREN

Stephen G. Gilles, Professor of Law, Quinnipiac College, Spring, 1999; Constitutional Commentary REVIEW ESSAY: HEY, CHRISTIANS, LEAVE YOUR KIDS ALONE!RELIGIOUS SCHOOLS v. CHILDREN`S RIGHTS. // acs-VT2000
	In the eyes of James G. Dwyer, conservative religious schools compose a vast Gulag peopled by children unfortunate enough to be born into traditionalist religious families. n6 It is high time, he argues in Religious Schools v. Children`s Rights, that we deploy the force of law to prevent religious parents from  [*151]  robbing their children of the high-quality secular education that citizenship in our society entitles them to. n7

CHRISTIAN SCHOOLS LACK EQUAL LIBERTY AND EQUAL OPPORTUNITY FOR STUDENTS

Stephen G. Gilles, Professor of Law, Quinnipiac College, Spring, 1999; Constitutional Commentary REVIEW ESSAY: HEY, CHRISTIANS, LEAVE YOUR KIDS ALONE!RELIGIOUS SCHOOLS v. CHILDREN`S RIGHTS. // acs-VT2000
	Dwyer then argues that the practices of traditionalist religious schools - in particular, Christian Fundamentalist and Roman Catholic schools - are pervasively inconsistent with both equal liberty and equal opportunity. n95 For example, these schools violate children`s personal liberty by inflicting corporal punishments and condemning all premarital sexual activity; n96 they violate children`s freedom of thought and expression by requiring them to attend religious activities; n97 and they violate their political liberty by inculcating sexist views and intolerance for other ways of life. n98

USING GOVERNMENT POWER AGAINST RELIGIOUS SCHOOLS COULD TURN A CULTURAL WAR INTO A REAL CIVIL WAR

Stephen G. Gilles, Professor of Law, Quinnipiac College, Spring, 1999; Constitutional Commentary REVIEW ESSAY: HEY, CHRISTIANS, LEAVE YOUR KIDS ALONE!RELIGIOUS SCHOOLS v. CHILDREN`S RIGHTS. // acs-VT2000
	Making aggressive, coercive use of government power to subvert traditionalist religious education would be imprudent as well as intolerant. When, in a liberal democracy, one side`s deepest values and commitments clash with the other`s on a wide range of public issues, the result is culture war. When one side tries to take away the other side`s children by force - whether of arms or law,  [*211]  and whether by abducting or indoctrinating them - the result is all too likely to be battles of a less metaphorical kind. 
 
NO INHERENCY -- STATUS QUO CAN SOLVE

page	Argument

127		Now is the time for change, as barriers are down for school reform.

128		Current educational policies are excellent

 NOW IS THE TIME FOR EDUCATIONAL CHANGE AS THE BARRIERS ARE DOWN

EDUCATION REFORM IS SPREADING LIKE WILDFIRE -- THE PUBLIC IS READY FOR CHANGE

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	A rare opportunity is at hand for a top-to-bottom overhaul. The public seems ready for fundamental reforms in education and, indeed, is getting a taste of them at the grassroots level. There we can glimpse higher standards, tougher accountability systems, new institutional forms, and profound power shifts. Surveys make it plain that voters, taxpayers, and parents are hungry for charter schools, for tougher discipline, for more attention to basic skills, and for school choice. Privately funded voucher programs are booming: Hundreds of millions of philanthropic dollars are now being lavished on them and thousands of children wait in queues to participate. Two cities have publicly funded voucher programs, and more will follow soon. Charter schools are spreading like kudzu. And opinion leaders - from newspaper columnists to business leaders to college presidents - are signaling their own readiness to try something different. 

AMERICAN SOCIETY IS ON THE BRINK OF MAJOR CHANGE IN SCHOOL POLICIES

Stephen Samuel Smith, associate professor of political science at Winthrop University, 1998, CHANGING URBAN EDUCATION, ``Education and Regime Change in Charlotte,`` edited by Clarence N. Stone, EE2000-hxm p. 222
	Far-reaching change comes only when a- wider body of -actors mobilizes and is able to create a new set of institutional practices. Thus the overall pattern of change may best be described as ``punctuated equilibrium`` -a period of stasis followed by a disruptive mobilization and the creation of new arrangements.` Pub lic education shows every sign of heading toward such a period of fundamental reordering. For teachers, administrators, and their unions, the question increas ingly becomes one of whether or not they want to play a part in the process of reordering or if they want to defend established practices at the risk of being left out of the construction of new arrangements.

CURRENT EDUCATIONAL POLICIES ARE ADEQUATE

ELEMENTARY & SECONDARY EDUCATION ACT NOW REQUIRES SPECIALIZED AND COMPENSATORY EDUCATION PROGRAMS THROUGH GOAL SETTING AND REFORM

Eleanor Dougherty, Lecturer, Georgetown University, Fall, 1998; Virginia Journal of Social Policy & the Law GETTING BEYOND POLICY: SCHOOL REFORM IN PRACTICE // acs-VT2000
	The education of low-income and minority children has become the nucleus of an effort that affects the education of all children and young adults. In 1965, Congress enacted the Elementary and Secondary Education Act of 1965 (``ESEA``), which augmented state funding to schools and specifically aimed at improving the education of low-income and minority students. n1 In 1994, Congress revised ESEA. The new version, renamed the Improving America`s Schools Act of 1994 (``IASA``), n2 changed the Chapter 1 compensatory education program and renamed it Title I. The Title I provisions seek to provide the instruction and support educationally disadvantaged students need to succeed. n3 This new structure calls not only for clear statements that define what all students should learn, or standards, but also for assessments based on the standards that measure student progress. n4 In addition, schools receiving Title I funds have the flexibility of budgeting resources so that Title I students are given support to help them achieve the same high standards as other students. n5 The new law seeks to change the federal program from a remedial track for low-achievers to an accelerated, high performance educational experi ence for low-income and minority students. n6 Accordingly, state and district school systems are rethinking how reform should unfold if it is to accomplish the goal of improving the education of all students.

GOALS 2000 SETS CLEAR GOALS FOR AMERICAN EDUCATION THROUGH BROAD PARTICIPATION

Eleanor Dougherty, Lecturer, Georgetown University, Fall, 1998; Virginia Journal of Social Policy & the Law GETTING BEYOND POLICY: SCHOOL REFORM IN PRACTICE // acs-VT2000
	Under the Clinton administration, another piece of legislation was enacted: Goals 2000: Educate America Act. n7 Both Title I and Goals 2000 include requirements for the development of academic standards. n8 Whereas IASA is a long and complex law that focuses on providing monies to develop educational opportunities ranging from school-to-work legislation, school safety, and equity in sports education, Goals 2000 sets the stage for the development and implementation of academic standards. Participants can use their funds to sponsor activities that involve the writing or implementation of academic standards, to focus on teaching and learning, to take a comprehensive rather than piecemeal approach to reform, to use more flexibility in the use of funds and resources, to develop links with parents and the community, or to target resources where they are most needed. n9 To date, forty-eight states have agreed to adhere to the Goals 2000 requirements in order to receive federal funds. The state education agencies in Oklahoma and Montana have not accepted Goals 2000 funds but have allowed local school districts to apply for funds directly from the U.S. Department of Education. n10 One of the clear effects of the law is that expectations are being raised for both students and teachers throughout the country. Another effect is that parents and community members are becoming involved in setting academic standards and supporting high expectations in a variety of ways.

STANDARDS NOW EXIST IN MOST AREAS OF THE NATION

Eleanor Dougherty, Lecturer, Georgetown University, Fall, 1998; Virginia Journal of Social Policy & the Law GETTING BEYOND POLICY: SCHOOL REFORM IN PRACTICE // acs-VT2000
	Since the nation`s governors and Congress established the goals by working together, the movement toward standards was viewed as revolutionary n17 - not only in broaching the subject of required knowledge for all students but also in that the reform agenda would be set at the federal level. As a result of the efforts of the last decade, standards are now found in most states and districts. Increasingly, national and state legislation require schools and districts to account for student achievement as state assessments are based on standards. n18 Standards, then, are at the center of efforts to improve student achievement.

COURTS CAN SOLVE EDUCATION ISSUES

Stephen Samuel Smith, associate professor of political science at Winthrop University, 1998, CHANGING URBAN EDUCATION, ``Education and Regime Change in Charlotte,`` edited by Clarence N. Stone, EE2000-hxm p. 222
	Is there an alternative, then, to building civic capacity? Can a hegemonic actor-state or federal courts, for example -compensate for the strong centrifugal forces in an urban community? The case of Charlotte -Mecklenburg has demonstrated that a court decision could precipitate coalition building. San Francisco also shows that court action can provide a means for bringing key actors together, but that city`s case also reveals that a partial mobilization of concerned stakeholders can lead to conflict, as excluded groups organize to challenge decisions of which they are not a part.

NEGATIVE AGAINST INCREASING TECHNOLOGY IN SCHOOLS

page	Argument

130		How to judge educational technology
131		Educational technology will not revolutionize 			schools
132		More tech doesn`t mean more and better 			education
133		Teachers cannot use new tech
134		New tech too expensive to buy, maintain, 			and update
135		New tech discriminates against female 				students
136		Corporations will rip schools off during 				acquisition
137		Internet access damages young people

EDUTECH - THE QUESTION IS WHICH TECHNOLOGIES ARE GOOD FOR EDUCATION AND WHICH ARE NOT -- LISTER`S FORMULA EXPLAINED

THERE ARE DISTINCTIONS BETWEEN GOOD TECHNOLOGY AND BAD TECHNOLOGY
GOOD TECHNOLOGY IS LOW-PROFILE AND PROMOTES DECENTRALISED LEARNING WHILE BAD TECHNOLOGY IS HIGH-PROFILE AND REINFORCES THE MESSAGES OF THE HIDDEN CURRICULUM

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 10
	The book raised the possibilities of decentralised and deinstitutionalised learning: it threatened a knowliedge-social system ruled over by a tiny, reading elite (called `lecturers`); and it broke the church. Just as printing was followed by Luther`s religious heresy - `Everyman his own priest`, so the new media have been followed by Illich`s educational heresy - `Everyman his own teacher`. The church feared the book, not as a medium of communication as such - after all, throughout the centuries and on a regular basis the church organised multi-media happenings unequalled in the dreams of media technologists - but because of its political implications. The church therefore drew up an index of prohibited works, and burned books (something which only totalitarian states do today). The schools, however, treat the new media with a combination of denial and domestication. Many teachers have asserted that they have qualities that the new media have not (which is true, for the new media are potentially more susceptible to learner control: you can turn off a television with a flick of the wrist, but you have to indulge in mental truancy to turn off a teacher). Some teachers see their future role as mediating the media to their pupils; others see the media liberating them from all the aspects of their work they don`t like and allowing them to get on with `the real job of teaching` (although they never say what that is). Many teachers have used the new media to strengthen their hand vis-a-vis their pupils, developing `resources banks`, full of hardware and information sheets, where they are the bank managers. Alongside this, new teaching systems are developed, in which the teacher deals out the worksheets, like a banker in a game of cards, better set for a win than the ordinary player.

ULTIMATE CHALLENGE IS STRIKING A BALANCE BETWEEN TECHNOLOGY

LINDA FREEMAN, DIRECTOR OF GREATER CLEVELAND EDUCATIONAL DEVELOPMENT CENTER, CLEVELAND STATE UNIVERSITY, OHIO. 1999, PRINCIPAL, ``SELLING PARENTS ON TECH NOLOGY`` // E E2000 HT P46
	The ultimate challenge for these schools MAY be to maintain a delicate balance between opening up the WORLD of technology for children -- and  protecting them from it.

EDUTECH - EDUCATIONAL TECHNOLOGY WILL NOT REVOLUTIONIZE THE SCHOOLS

TECHNOLOGY DOES NOT REVOLUTIONIZE

Jonathan Gaw; Staff Writer Star Tribune (Minneapolis, MN) November 15, 1996,; Pg. 1A HEADLINE: Technology in school: Education or window dressing? // EE200 HT
	``In all three cases, there was huge promotion that these new machines would revolutionize teaching, making it faster and better and student learning more productive,`` Cuban said. 
In each case, a pattern appeared in which a small cadre of teachers vigorously championed the new technology, a large group would casually use it and another large group would ignore it. 
``Then the promoters got very disillusioned and ended up blaming teachers,`` Cuban said. 

COMPUTERS CANNOT REVOLUTIONIZE SCHOOLS

VANN, ALLAN S., INTERNATIONAL SCHOOL PRINCIPAL, JAN, 1998; PRINCIPAL, ``DEBUNKING FIVE MYTHS ABOUT COMPUTERS IN SCHOOLS``//EE2000 JMP PG.53	
	But it may he foolish to expect COMPUTERS to revolutionize American education until all schools have the resources to purchase and upgrade the necessary technology, and all teachers have been adequately trained to implement it. 

EDUTECH - MORE AND BETTER TECHNOLOGY IN SCHOOLS WILL NOT MEAN MORE AND BETTER EDUCATION

EDUCATIONAL PROBLEMS NOT LINKED TO LACK OF TECHNOLOGY BUT LACK OF INABILITY TO PROCESS INFORMATION

Los Angeles Times December 10, 1995,Sunday, Home Edition  SECTION: Business; Financial Desk HEADLINE: SCHOOLS NEED MORE BRAIN, NOT MACHINE, POWER //EE200 HT Part D; Page 2
	I believe that our educational problems are not linked to lack of information, but rather to information overload combined with our inability to provide a first-rate learning environment. Smaller classes would benefit students far more than a computer on each desk. 

COMPUTERS CANNOT BE OUR TEACHERS

MONTRAL GAZETTE,  December 28, 1994 COMPUTERS ARE NOT THE TEACHERS SECTION: EDITORIAL; Computers: overrated//EE2000 HT Pg. A10
Among critics is David Gelernter, a Yale University professor  of computer science. He believes computers belong in schools  because in theory they have the potential to accomplish great  things. They should not, however, be used as surrogate teachers, he  says. He would restrict their use to recess and relaxation periods  and demand radically new types of classroom software. 

INCREASES IN INTERNET TECHNOLOGY HAS NOT SIGNIFICANTLY HELPED SCHOOLS

VANN, ALLAN S., INTERNATIONAL SCHOOL PRINCIPAL, JAN, 1998; PRINCIPAL, ``DEBUNKING FIVE MYTHS ABOUT COMPUTERS IN SCHOOLS``//EE2000 JMP PG.53	
	Despite bold calls by politicians for all schools to be wired for the Internet before the decade is out, and despite bold claims about what computers are accomplishing in our classrooms, visitors to most of our public schools will quickly discover a tremendous gap between such rhetoric and reality, 

ACCESS TO COMPUTERS DOES NOT GUARANTEE SUCCESS

VANN, ALLAN S., INTERNATIONAL SCHOOL PRINCIPAL, PRINCIPAL, ``DEBUNKING FIVE MYTHS ABOUT COMPUTERS IN SCHOOLS``//EE2000 JMP PG.53
	Access to computers guarantees improvement? With a few notable exceptions, I have not been impressed with what I have heard about or observed in many schools that have invested hundreds of thousands of dollars in computer technology. I have visited schools where as many as five computers had been placed in each classroom with the clear expectation that they would change the instructional delivery systemsBut in a number of those schools, teachers confided that they never asked for the computers, didn`t really know how to use diem, and weren`t sure of their instructional purposes.

COMPUTER ACCESSIBILITY ONE STEP BUT NOT ENOUGH

NICHOLAS C. BURBULES, PROFESSOR, UNIVERSITY OF ILLINOIS. 1997, THE EDUCATION DIGEST, `` TECHNOLOGY: WHAT WE HAVEN`T WORRIED ABOUT`` // EE2000 HT P 55
	The first thing to say about ``access`` is that it cannot be seen simply as acquiring computer hardware or network links. In practice, access also means accessibility-having the time, knowledge, skills, and attitudes that make actual use possible. Putting free computers on-line in every public library or classroom is a fine gesture; but if this is all we do, their use will still be dominated by aggressive users (usually boys) who have the most experience with them.

ADVANCED TECHNOLOGY IS NOT ALWAYS THE BEST EDUCATOR

LISA WATTS, WRITES ON EDUCATION FOR CONNECTICUT COLLEGE MAGAZINE. 1997, THE EDUCATION DIGEST, ``TECHNOLOGY AND THE LIBERAL ARTS`` // EE2000 HT P 58-59
	Ching cautions that technology is not ``one size fits all`` for classes and faculty, pointing to a teaching conference he went to where ``the use of visuals was never so bad. Everyone wanted to use their laptop computer plugged into a projector, when transparencies would have been as good or better. We have to be careful and use the best technology available, even if it`s a chalkboard.``

TECHNOLOGY IS IMPLEMENTED FOR THE SAKE OF IMPLEMENTING NOT FOR REAL LEARNING

Jonathan Gaw; Star Tribune Staff Writer November 15, 1996,
HEADLINE: Technology in school: Education or window dressing? // As Minnesota nears its version of NetDay on Saturday, critics argue that technology is not as important as how people teach and what information they give to the students. //EE200 HT Pg. 1A 
	``I don`t think people in general, including school boards and administrators, fully understand what it will take,`` said Robert Kozma, principal scientist at SRI International, a Menlo Park, Calif., educational research and development institute. ``They are primarily focused on the technology in the sense of wiring the schools as a discrete and demonstrable act of moving forward that is very easy to be mistaken as progress in and of itself.`` 
The progress of the Internet in schools parallels the failures of film, radio and instructional television in schools, Stanford University Prof. Larry Cuban said. 

EDUTECH -- TEACHERS WILL NOT BE ABLE TO USE NEW TECHNOLOGIES

SOME EDUCATORS VIEW TECHNOLOGY AS UNNECESSARY

DAVID REINKING, PROFESSOR, UNIVERSITY OF GEORGIA, 1997, THE READING TEACHER, ``ME AND MY HYPERTEXT:) A MULTIPLE DIGRESSION ANALYSIS OF TECHNOLOGY AND LITERACY (SIC)`` // EE2000 HT P 633
	I also understand why a sense of frustration, distrust, or fear of the unknown associated with computers leads some educators to be indifferent or even antagonistic towards the idea that the technology of reading and writing is changing and that literacy instruction must change too. Educators who are heavily invested in a conventional conception of literacy may see technology as an unwanted or unnecessary distraction to what they believe to be more pressing issues and goals more central to that conception. Although I understand this position and the standard arguments that often accompany it, I find it increasingly difficult to accept given the rapid changes that are occurring in the way we read and write. I think we are well beyond the threshold of shifting from a world dominated exclusively by print to one in which digital information will compete at least on an equal footing. There are certainly enough longstanding knotty problems in teaching reading and writing that remain unresolved and a host of new developments that merit attention, but I would challenge anyone to identify one that promises more revolutionary consequences or that has the potential to transform or make moot as many traditional topics of literacy instruction (see Reinking, 1995, for a more detailed defense of this position and some examples).

TEACHERS DO NOT REALLY LIKE TO USE COMPUTERS

VANN, ALLAN S., INTERNATIONAL SCHOOL PRINCIPAL, JAN, 1998;PRINCIPAL, ``DEBUNKING FIVE MYTHS ABOUT COMPUTERS IN SCHOOLS``//EE2000 JMP PG.53
	Teachers love to use computers? There are those who would have us believe that teachers would jump at the opportunity to use computers all day long if only they were available. In fact, many teachers have not been sufficiently trained to use the new technology. Moreover, large numbers of them see computers in a negative light or fail to understand why they should modify their curricula or teaching styles to accommodate computers. (Some understand why, but don`t know how to do it.) Having seen other educational ``revolutions`` come and go, veteran teachers view this latest revolution with healthy skepticism. Some question the value of having children sit passively in front of computer screens instead of participating in interactive classroom instruction.

TEACHERS DO NOT UNDERSTAND TECHNOLOGY TO FULLEST RESULTING IN TEACHING FAILURES

TODD TAYLOR AND IRENE WARD, 1 998. LITERACY THEORY IN THE AGE OF THE INTERNET // EE2000 HT P 86
	In the effort to use the latest in technology, we end up marching into our pedagogical techno pep rallies with little or no understanding of the pitfalls. Then when the technology fails to ``liberate`` students as expected, we make it the scapegoat for our own teaching failures, for being underprepared and not invested in the technology to begin with. The pathogenic model is characterized, then, by suspicious motivations for using technology coupled with quick attempts to blamethe computers with little or no analysis of what went wrong.

ONE BARRIER TO TECHNOLOGY IS LACK OF TIME

JULIE METZER, ASSISTANT PROFESSOR, FERRUM COLLEGE, VIRGINIA. THOMAS SHERMAN. PROFESSOR, VIRGINIA TECH, VIRGINIA. 1997, THE EDUCATION DIGEST, ```10 COMMANDMENTS TO IMPLEMENT TECHNOLOGY`` // E E2000 HT P 58-59
	PROVIDE TIME. Perhaps the biggest barrier to technology use is time: for training, for trying out technologies in the classroom, for talking to other teachers about technology. If teachers do not have time to explore the uses of various technologies, and if the help they need in terms of training and support is not available, progress will be slow. The literature suggests it takes three to six years to fully implement technology-enhanced teaching and learning.

SHORT TERM TECHNOLOGY TRAINING DOES NOT PRODUCE CHANGE

JULIE METZER, ASSISTANT PROFESSOR, FERRUM COLLEGE, VIRGINIA. THOMAS SHERMAN. PROFESSOR, VIRGINIA TECH, VIRGINIA. 1997, THE EDUCATION DIGEST, ```10 COMMANDMENTS TO IMPLEMENT TECHNOLOGY`` // EE2000 HT P 59
	Short-term training does not produce change. Schedule follow-up sessions and provide time for teachers to talk about their classrooms, get feedback, ask questions, and be introduced to new Ideas. Teachers must also be given time to keep current, figure out how to implement new approaches, and learn new skills.
	To ensure teachers have the time they need may require creative rescheduling. Ideas Include using released days or district-designated times when more time is available. Structuring training sessions throughout the year to make time for discussing and reviewing attempts at implementation appears to be another key to facilitating change in practice.

TECHNOLOGY DOES NOT TEACH STUDENTS, TEACHERS DO

Jonathan Gaw; Star Tribune Staff Writer November 15, 1996,
HEADLINE: Technology in school: Education or window dressing? // As Minnesota nears its version of NetDay on Saturday, critics argue that technology is not as important as how people teach and what information they give to the students. //EE200 HT Pg. 1A 
``This has been the history of almost all technology in schools,`` said Richard Clark, professor of educational psychology at the University of Southern California and a vocal critic of technology in schools. ``It`s not the technology that makes the difference, it`s how you teach and what information you give.`` 
Now comes the Internet, giving some a sense of deja vu. 

EDUTECH -- TECHNOLOGY IN SCHOOLS WILL BE PROHIBITIVELY EXPENSIVE TO KEEP IT RUNNING AND CURRENT

SCHOOLS MUST HAVE TECHNOLOGY SUPPORT STAFF, TEACHERS CANNOT HANDLE IT EVEN WITH TRAINING

Stephen J Uebbing, Superintendent of Canandaigua City School District, New York, 1996, THE EDUCATION DIGEST, ``Plan Ahead for Technology`` // ee2000-Sj pg. 60
	Planners must provide answers to tough questions: Who will be In the computer lab when the printer refuses to work or file-server crashes? Who will ensure that machines are regularly cleaned and serviced? That the software teachers select makes sense from both an educational and cost standpoint? Good support is essential to ensure that the technology itself functions. Teachers can be trained and expected to carry out some minor maintenance. But monitoring and ongoing support are best put in the hands of trained professionals.

PARENTS CONCERN FOR TECHNOLOGY REINFORCED BY INCREASED COSTS

LINDA FREEMAN, DIRECTOR OF GREATER CLEVELAND EDUCATIONAL DEVELOPMENT CENTER, CLEVELAND STATE UNIVERSITY, OHIO. 1999, PRINCIPAL, ``SELLING PARENTS ON TECH NOLOGY``//EE2000 HT P 45
	Parents are also aware of sleazy Web sites accessible on the Internet. My local paper recently carried a front-page story under the headline, ``Cruising the Red Light District at library: Even Kids Can Uncover Porn on Internet.`` And for parents who may already be skeptitcal about the role of technology in children`s schools, the cost of hard,%-.-are, software, wiring, and networking dramatically compound their resistance to increased education funding.

COMPUTER TECHNOLOGY CHANGES TOO QUICKLY FOR SCHOOLS TO KEEP
UP

NICHOLAS C. BURBULES, PROFESSOR, UNIVERSITY OF ILLINOIS. 1997, THE EDUCATION DIGEST, `` TECHNOLOGY: WHAT WE HAVEN`T WORRIED ABOUT // EE2000 HT P 55
	Things change so fast that a person not actively engaged on a regular basis just barely manages to get a sense of what`s going on about the time that that information starts becoming irrelevant. Many of us were hearing the word ``gopher`` for the first time at about the time that people ``in the know`` were already dropping their gopher sites and working on Web pages.

COMPUTER MAINTENANCE HARD TO HANDLE

JULIE METZER, ASSISTANT PROFESSOR, FERRUM COLLEGE, VIRGINIA, THOMAS SHERMAN. PROFESSOR, VIRGINIA TECH, VIRGINIA. 1997, THE EDUCATION DIGEST, ```10 COMMANDMENTS TO IMPLEMENT TECHNOLOGY`` // EE2000 HT P
	Computers must be well maintained; this can be a real headache, as there are always, it seems, mechanical and mysterious electronic glitches. If the equipment will not work, however, it will not be used. Principals who accept the role of keeping things in working order are more successful than those who leave the fixing to teachers.

INSUFFICIENT ACCESS LEADS TECHNOLOGY IMPLEMENTATION TO FAILURE

JULIE METZER, ASSISTANT PROFESSOR, FERRUM COLLEGE, VIRGINIA. THOMAS SHERMAN. PROFESSOR, VIRGINIA TECH, VIRGINIA. 1997, THE EDUCATION DIGEST, ``10 COMMANDMENTS TO IMPLEMENT TECH NOLOGY`` // EE2000 HT P 60
	Insufficient access is a primary reason educational technology initiatives fail. Three access issues appear essential: amount and placement of technology, capacity, and maintenance. Problems in any of these areas can derail otherwise effective technology implementation ideas.

MANY PUBLIC SCHOOLS USE OUTDATED TECHNOLOGY AND DO NOT UPDATE THEIR TECHNOLOGY OFTEN

VANN, ALLAN S., INTERNATIONAL SCHOOL PRINCIPAL,JAN, 1998; PRINCIPAL, ``DEBUNKING FIVE MYTHS ABOUT COMPUTERS IN SCHOOLS``//EE2000JMP PG.53
	SCHOOLS regularly upgrade their computer technology? Statistics on the number of computers in schools usually neglect to mention the quality of those computers. The fact is, many of them are obsolete. Schools are still using old Commodore or Apple IIE machines, which are fine for some programs but totally useless for others. Most school districts cannot upgrade this technology without large-scale federal or state aid, grants, or fund-raisers.

YOU CANNOT JUST BUY COMPUTERS, YOU ALSO HAVE TO ACQUIRE THE CORRECT FURNITURE IN A CHALLENGING PROCESS

Michael Fickes, School Planning and Management, February, 1998; Pg. 26; HEADLINE: Furniture for a technology-infused school; choosing the right computer furniture for a high school // acs-VT2000
	Computers alone aren`t enough to equip a school for the technological future. To be useful, those computers also need proper furniture to hold them.
As more and more schools assemble high-technology classrooms, administrators have discovered that buying computer furniture is a challenging part of the process instead of a simple accompanying chore. 

EDUTECH -- INCREASED USE OF TECHNOLOGY DISCRIMINATES AGAINST FEMALE STUDENTS

BOYS ARE MORE ADVANCED WITH COMPUTERS THAN GIRLS CAUSING INEQUALITY IN THE CLASSROOM

Tamara Henry,USA TODAY, October 14, 1998, Wednesday, HEADLINE: Girls face technology gap  //EE200 HT Pg. 1A 
	``Technology is now the new `boys` club` in our nation`s public schools,`` the AAUW`s Janice Weinman says. ``While boys program and problem-solve with computers, girls use computers for word processing, the 1990s version of typing

AAUW REPORT SHOW SCHOOLS SHORTCHANGE GIRLS

Tamara Henry,USA TODAY, October 14, 1998, Wednesday, HEADLINE: Girls face technology gap  //EE200 HT Pg. 1A 
	The AAUW Educational Foundation is the same group that put gender inequities in education on the front burner with its 1992 report on how schools shortchange girls. The new report warns that the technology gap threatens to put girls at a disadvantage as they prepare for the 21st century. 

GIRLS BELIEVE TECHNOLOGY IS A MALE DOMAIN AND ARE TIMID TO ENTER

Tamara Henry,USA TODAY, October 14, 1998, Wednesday,
HEADLINE: Girls lagging as gender gap widens in tech education //EE200 HT Pg. 4D
	``A competitive nation cannot allow girls to write off technology  as an exclusively male domain. Teachers will need to be prepared  to deal with this issue,`` says the report, researched by the  Washington-based American Institutes for Research.  Cortina believes a lot of girls suffer similar anxieties when  first confronted with the complexities of computers and other  technology. ``It`s been touted primarily as a man`s field. It`s  the whole math, science, technology thing goes together with the  left brain, and that`s for men. Women can sit and write the poetry  and men can put it on the computer. I think that`s the general  stereotype.`` 

GENDER GAP IN TECHNOLOGY, LEADS TO GIRLS USING COMPUTERS AS TYPEWRITERS

TAMAR LEWIN,The New York Times, October 14, 1998, Wednesday, HEADLINE: Report Finds Girls Lagging Behind Boys In Technology //EE200 HT Section B; Page 8; Column 3; National Desk 
	Although high school girls have been catching up to boys in math and science achievement over the last six years, there is a serious gender gap in technology, according to the latest report on girls` education by the American Association of University Women Educational Foundation. 
The report, ``Gender Gaps: Where Schools Still Fail Our Children,`` found, for example, that in 1996 girls made up only 17 percent of the high school students who took that advanced placement computer science exam, about the same percentage as in the previous year. 
``While there are more girls taking computer classes, they tend to be in data entry, while boys are more likely to take advanced computer applications that can lead them to careers in technology,`` said Janice Weinman, executive director of the association. 

EDUTECH -- CORPORATIONS WILL TRY AND CASH IN ON NEW TECHNOLOGY INVESTMENTS IN SCHOOLS

CLASSROOM BENEFITS OF IMPLEMENTING TECHNOLOGY ARE ECONOMIC NOT EDUCATIONAL

Jonathan Gaw; Star Tribune Staff Writer November 15, 1996,
HEADLINE: Technology in school: Education or window dressing? // As Minnesota nears its version of NetDay on Saturday, critics argue that technology is not as important as how people teach and what information they give to the students. //EE200 HT Pg. 1A 
	More doubts Others are even less optimistic. 
``The benefits of the Internet are economic, not educational,`` said Clark, of the University of Southern California. 
Technology might give schools the efficiencies achieved by businesses - although few if any schools have done cost-benefit analyses similar to those done by businesses - but not more learning, Clark said, and that distinction leads to different policies on how technology is implemented in schools. 

PUBLIC EDUCATION IS AN ENTICING MARKET FOR BUSINESSES TO PROMOTE ECONOMIC GROWTH AT EDUCATIONAL EXPENSE 

PETER APPLEBOME The New York Times   January 31, 1996, Wednesday  HEADLINE: Lure of the Education Market Remains Strong for Business //EE200 HT P1  
	Despite last week`s collapse of the nation`s largest experiment in private management of public schools, in Hartford, there are increasing signs, from the growth of new businesses to rising stock performance, that public education is becoming an enticing market for private businesses. 
A recent study estimates that for-profit companies now take in $30 billion of the $340 billion that the United States spends each year on preschool to high school education. That figure includes for-profit companies that run schools; offer classroom instruction or tutoring; sell textbooks, software or new technology; design curriculums; provide consulting services, or fill other niches. 

COMPANIES LIKE GM TRY TO INFLUENCE CLASSROOMS FOR THEIR OWN ECONOMIC PURPOSES NOT EDUCATIONAL

The Plain Dealer   February 24, 1996 Saturday,  HEADLINE: GET BACK TO BASICS //EE200 HT Pg. 10B 
Better still, companies like General Motors have launched aggressive efforts to make sure mechanical practices taught in the classroom match those used in plants today - rather than, as is often the case, methods obsolete well before textbooks are written. GM`s Youth Educational Systems program offers direct training for public school teachers, as well as opportunities for youngsters to see work sites in person. GM`s effort targets 20 schools nationwide, and includes two area institutions - Valley Forge High School in Parma Heights and the Cuyahoga Valley Career Center in Brecksville. 

THE NATIONAL EDUCATION SUMMIT WAS AN ADVERTISEMENT FOR TECHNOLOGY AND NOT OF EDUCATION

Amy E. Schwartz ,THE PHOENIX GAZETTE   April 10, 1996 Wednesday,  HEADLINE: LURING KIDS INTO LEARNING; 
IS TOO MUCH EMPHASIS PUT ON TECHNOLOGY? //EE200 HT Pg. B5
	The summit`s declared emphasis on standards and technology, its sponsorship by computer and other high-tech companies that see education as a huge potential market and the fabulous educational software it unveiled during the program, all helped enhance the impression that technology can wipe away education`s problems in a trice - indeed, make it acceptable for us to stop working on them - rather than, as is the case, simply make a huge difference in addressing those problems as the work continues. 

BUSINESSES ARE TARGETING SCHOOLS AS NEXT MARKET, BUT ARE THEY GOOD FOR EDUCATION

PETER APPLEBOME,The New York Times  January 31, 1996, Wednesday  HEADLINE: Lure of the Education Market Remains Strong for Business //EE200 HT P1
	There are other signs of business interest in schools. Mr. McLaughlin`s Education Industry Report has begun rating the performance of 25 publicly traded education companies in what it calls its Education Industry Index. It says the stock price of the 25 companies rose last year by 65.47 percent, compared with 39.9 percent for the NASDAQ and 26.2 percent for the Russell 2000 index of small companies. 
And Lehman Brothers is sponsoring a conference in February for education companies and institutional investors to look at the investment opportunities being presented by changes in education. 

EDUTECH -- INTERNET ACCESS DAMAGES YOUNG PEOPLE AND INVADES THEIR PRIVACY

INTERNET AND WORLD WIDE WEB MANIPULATE SCHOOL CHILDREN BY INVADING PRIVACY

SHELLEY PASNIK, DIRECTOR OF ACTION FOR CHILDREN IN CYBERSPACE, WASHINGTON, D.C. 1997, PRINCIPAL, ``CAUGHT IN THE WEB: HOW ONLINE ADVERTISING EXPLOITS CHILDREN`` // EE2000 HT P 24
	A new danger for children may be lurking inside your school`s computers. If your students have access to the Internet, the World Wide Web, or a commercial online service, they may find themselves exposed to advertisers who manipulate them and invade their privacy. Currently, more than a million youngsters under 18 go online regularly, and that number is ex pected to climb to 15 million by the. turn of the century.

WITHOUT PROPER SAFEGUARDS FOR CHILDREN, MARKETERS WILL FLOURISH

SHELLEY PASNIK, DIRECTOR OF ACTION FOR CHILDREN IN CYBERSPACE, WASHINGTON, D.C. 1997, PRINCIPAL, ``CAUGHT IN THE WEB: HOW ONLINE ADVERTISING EXPLOITS CHILDREN``//EE2000 HT P 25
	Unfortunately, these are just harbingers of more advanced marketing techniques that inevitably will emerge as the interactive media environment continues to develop without proper safeguards for children.
	Unlike television advertising, which must conform to basic federal guidelines that protect children from commercial exploitation, advertisers in cyberspace are currently free from government or industry regulations.

MARKETERS CAN USE OR SELL PERSONAL INFORMATION OBTAINED FROM CHILDREN

SHELLEY PASNIK, DIRECTOR OF ACTION FOR CHILDREN IN CYBERSPACE, WASHINGTON, D.C. 1997, PRINCIPAL, ``CAUGHT IN THE WEB: HOW ONLINE ADVERTISING EXPLOITS CHILDREN`` // EE2000 HT P 25
	Marketers can use-or sellpersonal information obtained from children for targeted mailings, phone solicitations, or computerized advertising. a Some companies target their online advertising to children as young as 4 to develop brand loyalty as early as possible.

ON-LINE ADVERTISERS HIRE ANTHROPOLOGISTS AND PSYCHOLOGISTS TO FIND OUT WHAT ATTRACTS CHILDREN TO THEIR SITES

SHELLEY PASNIK, DIRECTOR OF ACTION FOR CHILDREN IN CYBERSPACE, WASHINGTON, D.C. 1997, PRINCIPAL, ``CAUGHT IN THE WEB: HOW ONLINE ADVERTISING EXPLOITS CHILDREN`` // EE2000 HT P 25
	 Many companies design online sites
for children as a way to bypass adult authority and prey on children`s vulnerabilities. Advertisers hire psychologists and anthropologists to find out what attracts children to cyberspace- and then use this knowledge to exploit them, particularly by developing intimate, consumer-driven relationships online. A common technique: animated product ``spokescharacters`` that interact regularly with children through online birthday cards and e-mail.

TOP-DOWN CENSORSHIP CAN NOT SUCCEED OVER WEB DISCUSSIONS

NICHOLAS C. BURBULES, PROFESSOR, UNIVERSITY OF ILLINOIS. 1997, THE EDUCATION DIGEST, `` TECHNOLOGY: WHAT WE HAVEN`T WORRIED ABOUT`` // EE2000 HT P 56

	Then there is the so-called Communications Decency Act , which would place severe penalties on ``indecent`` materials on the Internet. The choice of words here is crucial for
Constitutional reasons. Unlike ``pornography`` or ``obscenity,`` for which there are legal precedents and guidelines for interpreting what is acceptable, ``indecency`` is a much vague and more inclusive term intended to regulate not only what would be generally recognized as pornographic or obscene, but a much broader array of information, images, and communicative interactions.
	Many have heard by now about the temporary shutdown of discussion groups for breast-cancer survivors because the word ``breast`` was identified as ``indecent.`` This ludicrous example simply shows how unworkable in practice such sweeping bans will be (and if there is anything that the decenteredness of the digital environment shows, it is that topdown censorship simply cannot succeed).

EDUTECH -- AGENTS OF TECHNOLOGY WILL LEAD STUDENTS TO PLAGIARIZE

TODD TAYLOR AND IRENE WARD,1 998. LITERACY THEORY IN THE AGE OF THE INTERNET // EE2000 HT P 89-90
	If agents make it into the writing classroom and the classroom turns into an intelligent agent as well, the question is, how can we use them to teach writing? Can students use them to write? Or will they learn the habits of other ``authors`` and plagiarize? Will students send agents out to troll the databases to do research for them? In one sense, agents are already present. For those who use textbased virtual reality programming, such as MOOs (where students log on in real time and discuss topics, receive tutoring on writing projects, and build virtual communities), delegated virtual personae, morphs, avatars, and agents are realities.

NEGATIVE CASE TURNS

page		Argument

139			Focus on grades is bad

148			Focus on going to college is bad

153			Adding another program adds to 					bureaucracy

158			Attempting small schools reforms 					makes things worse

163			Pressure on students means stress & 				suicide

FOCUS ON GRADING IS BAD

When the affirmative talks about grades being important and when they endorse a system which believes that grades are important, they are making a big mistake.

Emphasis on grades harms academic achievement and the student. Grades teach that the mark is important, not what you learn. This causes students to think of knowledge as a commodity and education as merely getting a degree. This causes competition and conflict, hurts academic achievement, and causes students to cheat.

page		Argument

140		Focus on grades is undesirable and counter-productive
141		Grades are not a good measure of learning
142		Grades cause unethical behavior
143		Grades retard academis achievement
144		Grades decrease creativity
145		Grades damage student self-esteem
146		Grades create conflicts
147		We should get rid of grades

 CASE TURN - AFFIRMATIVE FOCUS ON GRADES IS UNDESIREABLE AND COUNTER-PRODUCTIVE

MANY OF THE QUALITIES WE ARE MOST CONCERNED ABOUT IN YOUNG PEOPLE ARE ACTUALLY DAMAGED BY THE GRADING PROCESS

Clifford H. Edwards, Laurie Edwards, The Clearing House May 1, 1999; Pg. 260; HEADLINE: Let`s end the grading game; grading and marking of students  // acs-VT2000
	Both parents and students usually want to know a student`s relative academic standing in school. However, parents are much more concerned that their children are happy, balanced, independent, fulfilled, productive, self-reliant, responsible, functioning, kind, thoughtful, loving, inquisitive, and confident (Kohn 1998). Given the likelihood that most of these attributes are compromised by grades, parents have good reason to reject grading practices. 

GRADING AND GRADES TAKES A GREAT TOLL ON STUDENTS AND THE EDUCATION SYSTEM

Clifford H. Edwards, Laurie Edwards, The Clearing House May 1, 1999; Pg. 260; HEADLINE: Let`s end the grading game; grading and marking of students  // acs-VT2000
	Few practices in education are as sacred and yet deleterious as grading. Grading began in the nineteenth century at Yale University (Laska and Juarez 1992) and has since permeated educational institutions at all levels. Grades are not benign, as often claimed, but have many adverse effects on students. The question remains whether the benefits of grading can offset those effects. The psychological, social, and educational well-being of students needs to be carefully weighed against the purposes for which grading has been instituted. 

GRADES ARE NOT A GOOD MEASUREMENT OF LEARNING

GRADES DO NOT EFFECTIVELY SERVE THE PURPOSE OF SORTING STUDENTS

Clifford H. Edwards, Laurie Edwards, The Clearing House May 1, 1999; Pg. 260; HEADLINE: Let`s end the grading game; grading and marking of students  // acs-VT2000
	Grading has had a long tradition of sorting children for college entrance and for employment. But there is limited evidence that grades really serve a valid purpose in those endeavors. In fact, they have negative effects on learning as well as students` self-concepts, thus subverting the very purpose for which schools have been established. It is time this practice be abolished and a system of evaluation be established that provides a more valid estimate of students` performance and articulates better with the nature of learning itself. 

GRADES AREN`T RELIABLE OR OBJECTIVE

ALFIE KAHN, AUTHOR. 1999, HIGH SCHOOL MAGAZINE, `` FROM GRADING TO DEGRADING``  // EE2000 HT P 40
	 Grades aren`t valid, reliable, or objective. A ``B`` in English says nothing about what a student can do, what she understands, where she needs help. Moreover, the basis for that grade is as subjective as the result is uninformative. A teacher can meticulously record scores for one test or assignment after another, eventually calculating averages down to a hundredth of a percentage point, but that doesn`t change the arbitrariness of each of these individual marks. Even the score on a math test is largely a reflection of how the test was written: what skills the teacher decided to assess, what kinds `of questions happened to be left out, and how many points each section was ``worth.``
	Moreover, research has long been available to confirm what all of us know: any given assignment may well be given two different grades by two equally qualified teachers. It may even be given two different grades by a single teacher who reads it at two different times (for example, see some of the early research reviewed in Kirschenbaum, Simon, and Napier, 1971). In short, what grades offer is spurious precision-a subjective rating masquerading as an objective evaluation.

TEACHERS FAIL IF GRADES ARE ONLY REASON A STUDENT SHOULD STUDY

ALFIE KAHN, AUTHOR. 1999, HIGH SCHOOL MAGAZINE, `` FROM GRADING TO DEGRADING``  // EE2000 HT P 42
	``If I can`t give a child a better reason for Studying than a grade on a report card, I ought to lock my desk and go home and stay there.`` So wrote Dorothy De Zouche, a Missouri teacher, in an article published in February ... of 1945. But teachers who can give a child a better reason for studying don`t need grades. Research substantiates this: When the curriculum is engaging-for example, when it involves hands-on, interactive learning activities-students who aren`t graded at all perform just as well as those who are graded (Moeller and Reschke, 1993).

EMPHASIS ON GRADES LEADS TO UNETHICAL BEHAVIOR

GRADING ENCOURAGES CHEATING AND THUS RETARDS ETHICAL DEVELOPMENT OF STUDENTS

Clifford H. Edwards, Laurie Edwards, The Clearing House May 1, 1999; Pg. 260; HEADLINE: Let`s end the grading game; grading and marking of students  // acs-VT2000
	The ethical effects of grading are all too evident. Although discussions regarding ethical matters should be a significant part of school community involvement, most schools have ignored this responsibility. Instead of giving students opportunities to formulate their own values and views within a learning community, schools regulate student behavior through grading, enforcing rules, and imposing restrictions and coercive expectations. When grades and coercive restrictions predominate, and students are faced with possible failure, the only viable recourse for many is to cheat. Cheating has been well documented as an outgrowth of competitive grading. Grades reduce a student`s sense of control over his or her own fate, and cheating is seen as an attractive way to achieve more control and reduce the risk of failure (Milton, Pollio, and Eison 1986). 

GRADING ENCOURAGES STUDENTS TO CUT CORNERS AND ENGAGE IN DUPLICITY

Clifford H. Edwards, Laurie Edwards, The Clearing House May 1, 1999; Pg. 260; HEADLINE: Let`s end the grading game; grading and marking of students  // acs-VT2000
	Grades and other forms of rewards also encourage people to cut corners and to engage in duplicity to achieve such ends as winning competitions or outselling competitors (Bok 1979). Such extrinsic motivators are also known to produce anxiety, hostility, resentment, disapproval, envy, distrust, contempt, and aggression (Horney 1973). 

GRADES AS A REWARD SYSTEM CRIPPLES ETHICAL AND SOCIAL DEVELOPMENT

Clifford H. Edwards, Laurie Edwards, The Clearing House May 1, 1999; Pg. 260; HEADLINE: Let`s end the grading game; grading and marking of students  // acs-VT2000
	Rewards not only depress intellectual development and responsible independence, they also have crippling effects on ethical and social development. In school, students are segregated in terms of grades received. That practice breeds intolerance, thus diminishing trust and interfering with communication between different groups of students (Kohn 1998). In learning communities, students need freedom and empowerment to act as problem solvers and to achieve a reciprocal sense of trust between themselves and their peers and teachers. To do so they must be free of the rigid controls that grades, ultimatums, and directives impose. Only when students are genuinely free of those constraints will they feel a sense of obligation and enthusiasm that enables them to assume responsibility for their own education (McGregor 1960). 

GRADES ENCOURAGE CHEATING

ALFIE KAHN, AUTHOR. 1999, HIGH SCHOOL MAGAZINE, `` FROMGRADING TO DEGRADING`` // EE2000 HT P 40
	Grades encourage cheating. Again, we can continue to blame and punish all the students who cheat--or we can took for the structural reasons this keeps happening. Researchers have found that the more students are led to focus on getting good grades, the more likely they are to cheat, even if they themselves regard cheating as wrong (Anderman, Griesinger, and Westerfield, 1998; Milton, Pollio, and Eison, 1986).

EMPHASIS ON GRADES RETARDS ACADEMIC ACHIEVEMENT

GRADING UNDERMINES THE LEARNING PROCESS

Clifford H. Edwards, Laurie Edwards, The Clearing House May 1, 1999; Pg. 260; HEADLINE: Let`s end the grading game; grading and marking of students  // acs-VT2000
	Grading also has the debilitating effect of undermining the learning process. Learning is intrinsically rewarding, particularly when it is self-directed. However, when extrinsic rewards, like grades, are used to reinforce learning, children become conditioned to them. They exhibit considerable interest in what will appear on examinations but do not really care about what is learned. Their attention is thus diverted from the goal of being successful learners and engaging in meaningful school experiences to that of obtaining a reward. Interestingly, they eventually come to detest what is required to achieve the reward (Lepper, Greene, and Nisbett 1973). In fact, the greater the incentive offered, the more negatively students tend to view the activity for which it was received (Freedman, Cunningham, and Krismer 1992). 

SCOREBOARD MENTALITY DAMAGES ACADEMIC ACHIEVEMENT

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	 Harmer, supra note 2, at 15-17; see also American Ass`n of Sch. Admn`rs, America 2000: Where School Leaders Stand 13 (1991) (``A scoreboard mentality has developed that undermines efforts aimed at enhancing student achievement. Any testing program must recognize the needs of students to do their own personal best and achieve their personal goals, not just enhance comparisons with other schools, school districts, groups, states, or nations.``). 

GRADES AND STUDENT RANKING DO THEIR DAMAGE EARLY IN LIFE TO CREATE ARROGANCE, ELITISM, AND A LACK OF EFFORT IN LEARNING

Clifford H. Edwards, Laurie Edwards, The Clearing House May 1, 1999; Pg. 260; HEADLINE: Let`s end the grading game; grading and marking of students  // acs-VT2000
	Unfortunately, grading takes its toll early in life. It forecloses the hopes and aspirations of many students and consigns them to lower academic ranks, lesser social status, and reduced employment possibilities than their peers with high grades. As early as kindergarten, children can already identify the brightest and dullest among their peers, and they often point out those differences with relish. Moreover, kindergarteners seem firmly convinced that ability, not effort, is the main ingredient in achieving success and that the lack of ability is the main reason for failure (Covington and Beery 1976). This attitude, promoted through grading, has fateful consequences for both the successful and the unsuccessful student. For successful students, elitism and arrogance tend to emerge (Kohn 1998), while the less able are convinced that their efforts fail to influence their achievements. To them, success is a matter of luck or fate (Weiner and Kukla 1970). 

GRADES AND LEARNING ARE PULLING IN OPPOSITE DIRECTIONS CAUSING STUDENTS TO LOSE INTEREST

ALFIE KAHN, AUTHOR. 1999, HIGH SCHOOL MAGAZINE, `` FROM GRADING TO DEGRADING`` // EE2000 HT P 39
	While it`s not impossible for a student to be concerned about getting high marks and also to like what he or she is doing, the practical reality is that these two ways of thinking generally pull in opposite directions. Some research has explicitly demonstrated that a ``grade orientation`` and a ``learning orientation are inversely related (Beck, RorrerWoody, and Pierce, 1991; Milton, Pollio, and Eison, 1986). More strikingly, study after study has found that students-from elementary school to graduate school, and across cultures-demonstrate less interest in learning as a result of being graded (Benware and Deci, 1984; Butler, 1987; Butler and Nisan, 1986; Grolnick and Ryan, 1987; Harter and Guzman, 1986; Hughes, Sullivan, and Mosley, 1985; Kage, 1991; Salili et al., 1976). Thus, anyone who wants to see students get hooked on words and numbers and ideas already has reason to look for other ways of assessing and describing their achievement.

GRADES REDUCE STUDENTS` PREFERENCE FOR CHALLENGING TASKS

ALFIE KAHN, AUTHOR. 1999, HIGH SCHOOL MAGAZINE, `` FROM GRADING TO DEGRADING`` // EE2000 HT P 39
	Grades tend to reduce students` preference for challenging tasks. Students of all ages who have been led to concentrate on getting a good grade are likely to pick the easiest possible assignment if given a choice (Harter, 1978; Harter and Guzman, 1986; Kage, 1991; Milton, Pollio, and Eison, 1986). The more pressure to get an A, the less inclination to truly challenge oneself. Thus, students who cut corners may not be lazy so much as rational; they are adapting to an environment where good grades, not intellectual exploration, are what count. They might well say to us, ``Hey, you told me the point here is to bring up my GPA, to get on the honor roll. Well, I`m not stupid: the easier the assignment, the more likely that I can give you what you want, So don`t blame me when I cry to find the easiest thing to do and end up not learning anything.

GRADING LEADS TO REDUCED THINKING AND FOCUS ON MAIN POINTS

ALFIE KAHN, AUTHOR. 1999, HIGH SCHOOL MAGAZINE, `` FROM GRADING TO DEGRADING`` // EE2000 HT P 39-40
	In another experiment, students told they would be graded on how well they learned a social studies lesson had more trouble understanding the main point of the text than did students who were told that no grades would be involved. Even on a measure of rote recall, the graded group remembered fewer facts a week later (Grolnick and Ryan, 198 7). A brand new study discovered that students who tended to think about current events in terms of what they`d need to know for a grade were less knowledgeable than their peers, even after taking other variables into account (Anderman and Johnston, 1998). 
	The preceding three results  should be enough to cause any conscientious educator to rethink the practice of giving students grades. But there`s more.

EMPHASIS ON GRADES DECREASES CREATIVITY IN LEARNING

GRADES TEND TO KILL CREATIVITY IN LEARNING

Clifford H. Edwards, Laurie Edwards, The Clearing House May 1, 1999; Pg. 260; HEADLINE: Let`s end the grading game; grading and marking of students  // acs-VT2000
	Research has shown that grades and other rewards tend to kill creativity (Amabile, Hennessey, and Grossman 1986), reduce intrinsic motivation (Harackiewicz and Manderlink 1984), diminish responsibility and produce less helpfulness and generosity (Fabes et al. 1989), decrease concern for others (Balsam and Bondy 1983), and curtail cooperation (Kanter 1987). 

GRADES DECREASE INNOVATION AND CREATIVITY

Clifford H. Edwards, Laurie Edwards, The Clearing House May 1, 1999; Pg. 260; HEADLINE: Let`s end the grading game; grading and marking of students  // acs-VT2000
	Children who are given rewards are less creative and less innovative than children who are not, and they have a depressed curiosity (Kohn 1993). In addition they choose easier tasks, make more errors, do work of lower quality, and use illogical problem-solving strategies (Condray 1977). While intrinsically motivated students pursue optimal challenges, display greater innovativeness, take reasonable intellectual risks, and perform better under challenging conditions, their extrinsically rewarded counterparts display a greater tendency toward dependence, conformity, low work quality, and low self-improvement (Butler 1992). Extrinsically rewarded students also take little interest in exploring various subjects in school for which there is no payoff in terms of grades (Kohn 1992). 

GRADES REDUCE THE QUALITY OF STUDENTS` CREATIVE THINKING

ALFIE KAHN, AUTHOR. 1999, HIGH SCHOOL MAGAZINE, `` FROM GRADING TO DEGRADING``  // EE2000 HT P39
	Grades tend to reduce the quality of students` thinking. Given that students may lose interest in what they`re learning as a result of grades, it makes sense that they`re also apt to think less deeply. One series of studies, for example, found that students given numerical grades were significantly less creative than those who received qualitative feedback but no grades. The more the task required creative thinking, in fact, the worse the performance of students who knew they were going to be graded. Providing students with comments in addition to a grade didn`t help: The highest achievement occurred only when comments were given instead of numerical scores (Butler, 1987; Butler, 1988; Butler and Nisan, 1986).

GRADING DAMAGES THE SELF-ESTEEM OF STUDENTS

GRADES CREATE BAD SELF-IMAGES WHICH STUDENTS THEN REPLICATE THROUGH THEIR BEHAVIORS

Clifford H. Edwards, Laurie Edwards, The Clearing House May 1, 1999; Pg. 260; HEADLINE: Let`s end the grading game; grading and marking of students  // acs-VT2000
	Once grading has established a failure-expectation pattern, students sometimes perpetuate it themselves. Failure-prone students may actually sabotage their own efforts (Aronson and Carlsmith 1962). For example, to avoid the implication that they are unable, they may establish standards for themselves that are far above what they believe they can achieve and then deliberately do low-quality work. Standards are set so high that no one could expect them to be met; low-quality work helps avoid setting a precedent they feel unable to repeat on demand. Ironically, teachers often mistakenly view those elevated standards as evidence of the student`s willingness to try. As a consequence, irrational goal setting is unwittingly reinforced (Covington and Beery 1976). 

COMPETITION DOES TREMENDOUS DAMAGES TO SELF-ESTEEM

Clifford H. Edwards, Laurie Edwards, The Clearing House May 1, 1999; Pg. 260; HEADLINE: Let`s end the grading game; grading and marking of students  // acs-VT2000
	And although competitive sports, academics, and similar activities are commonly accepted as builders of character and self-confidence, competition is the most pervasive occasion for anxiety in our culture (May 1977). During competition one`s self-esteem depends on the uncertain outcome of the contest, whether it is a science test or an athletic event. Losing in a competition is a particularly noxious kind of failure because it contains messages of relative inferiority and typically exposes one to public judgment and shame (Kohn 1992). 

STUDENTS IDENTIFY THEMSELVES BY THEIR GRADES

ALFIE KAHN, AUTHOR. 1999, HIGH SCHOOL MAGAZINE, `` FROM GRADING TO DEGRADING`` // EE2000 HT P 41
	First, it is said that students expect to receive grades and even seem addicted to them. This is often true; personally, I`ve taught high school students who reacted to the absence of grades with what I can only describe as existential vertigo. (Who am I, if not a B+?) But as more elementary and even some middle schools move to replace grades with more informative (and less destructive) systems of assessment, the damage doesn`t begin until students get to high school. Moreover, elementary and middle schools that haven`t changed their practices often cite the local high school as the reason they must get students used to getting grades regardless of their damaging effects-just as high schools point the finger at colleges.
	Even when students arrive in high school already accustomed to grades, already primed to ask teachers, ``Do we have to know this?`` or ``What do I have to do to get an A?``, this is a sign that something is very wrong. It`s more an indictment of what has happened to them in the past than an argument to keep doing it in the future.

EMPHASIS ON GRADES CREATES SOCIAL CONFLICT AT SCHOOL

GRADES CREATE NOTION OF DEFEATING PEERS, NOT LEARNING

ALFIE KAHN, AUTHOR. 1999, HIGH SCHOOL MAGAZINE, FROM
GRADING TO DEGRADING``  // EE2000 HT P 40
	The competition that turns schooling into a quest for triumph and ruptures relationships among students doesn`t just happen within classrooms, of course. The same effect is wit-. nessed schoolwide when kids are not just rated but ranked, sending the message that the point isn`t to learn, or even to perform well, but to defeat others. Some students might be motivated to improve their class rank, but that is completely different from being motivated to understand ideas. (Wise educators realize that it doesn`t matter how motivated students are; what matters is how students are motivated. It is the type of motivation that counts, not the amount.)

GRADES CREATE FRICTION AMONG PEERS

ALFIE KAHN, AUTHOR. 1999, HIGH SCHOOL MAGAZINE, `` FROM GRADING TO DEGRADING`` // EE2000 HT P 40

 Grades spoil students` relationships with each other. The quality of students` thinking has been shown to depend partly on the extent to which they are permitted to learn cooperatively (Johnson and Johnson, 1989; Kohn, 1992). Thus, the ill feelings, suspicion, and resentment generated by grades aren`t just disagreeable in their own right; they interfere with learning.
	The most destructive form of grading by far is that which is done ``on a curve,`` such that the number of top grades is artificially limited: No matter how well all the students do, not all of them can get an A. Apart from the intrinsic unfairness of this arrangement, its practical effect is to teach students that others are potential obstacles to their own success. The kind of collaboration that can help all students to learn more effectively doesn`t stand a chance in such an environment.
	Sadly, even teachers who don`t explicitly grade on a curve may assume, perhaps unconsciously, that the final grades ``ought to`` come out looking more or less this way. a few very good grades, a few very bad grades, and the majority somewhere in the middle. But as one group of researchers pointed out, ``It is not a symbol of rigor to have grades fall into a `normal` distribution; rather, it is a symbol of failure-failure to teach well, failure to test well, and failure to have any influence at aft on the intellectual lives of students`` (Milton, Pollio, and Eison, 1986, P. 225).

GRADES CREATE FRICTION WITH TEACHERS

ALFIE KAHN, AUTHOR. 1999, HIGH SCHOOL MAGAZINE, FROM GRADING TO DEGRADING`` // EE2000 HT P 40
	Grades spoil teachers` relationships with students. Consider this lament, which could have been offered by a teacher in your district:
I`m getting tired of running a classroom in which everything we do revolves around grades. I`m tired of being suspicious when students give me compliments, wondering whether or not they are just trying to raise their grade. I`m tired of spending so much time and energy grading-your papers, when there are probably a dozen more productive and enjoyable ways for all of us to handle the evaluation of papers. I`m tired of hearing you ask me, ``Does this count?`` And, heaven knows, I`m certainly tired of all those little arguments and disagreements we get Into concerning marks which take so much fun out of the teaching and the learning... (Kirschenbaum, Simon, and Napier, 1971, p. 115).

SOLUTION: WE SHOULD GET RID OF THE GRADING SYSTEM IN SCHOOLS

TRADITIONAL GRADES NOT MANDATORY FOR COLLEGE ADMISSION

ALFIE KAHN, AUTHOR. 1999, HIGH SCHOOL MAGAZINE, `` FROM GRADING TO DEGRADING``  // EE2000 HT P 42
	Another objection: it is sometimes argued that students must be given grades because colleges demand them. One might reply that ``high schools have no responsibility to serve colleges by performing the sorting function for them -particularly if that process undermines learning (Krumboltz and Yeh, 1996, p. 325). But in any case the premise of this argument is erroneous: Traditional grades are not mandatory for admission to colleges and. universities. (See sidebar on page 41.)

CHILDREN MUST BE ABLE TO EVALUATE THEMSELVES -- WE MUST GET RID OF GRADING SYSTEMS

John Holt, educational critic and author, 1969; DESCHOOLING, ``Schools are Bad Places for Kids,`` edited by Ian Lister, EE2000-hxm p. 43
	Let`s get rid of all this nonsense of grades, exams., marks. We don`t know how, and we never will know how to measure what another person knows or understands. We certainly can`t find out by asking questions. All we find out is what he doesn`t know - which is what our tests are for, anyway, traps designed to catch students. Throw it all out, and let the children learn what every educated person must some day learn, how to measure his own understanding, how to know what he knows or does not know. 

SCHOOLS DO NOT GIVE CHILDREN THE CHANCE TO CORRECT THEIR OWN MISTAKES WHICH MAKES THEM DEPENDENT ON EXPERTS

John Holt, educational critic and author, 1969; DESCHOOLING, ``Schools are Bad Places for Kids,`` edited by Ian Lister, EE2000-hxm p. 43
	But in the school we never give a child a chance to detect his mistakes, let alone correct them. We do it all for him. We act as if we thought that he would never notice a mistake unless it was pointed out to him, or correct it unless he was made to. Soon he becomes dependent on the expert. Let him do it himself. Let him figure out, with the help of other children if he wants it, what this word says, what is the answer to that problem, whether this is a good way of saying or doing this or not. If right answers are involved, as in some math or science, give him the answer book. Let him correct his own papers. Why should we teachers waste time on such donkey work? Our job should be to help the kid when he tells us that he can`t find the way to get the right answer.

CHILDREN SHOULD BE ABLE TO JUDGE THEIR OWN WORK

John Holt, educational critic and author, 1969; DESCHOOLING, ``Schools are Bad Places for Kids,`` edited by Ian Lister, EE2000-hxm p. 43
	Let the children learn to judge their own work. A child learning to talk does not learn by being corrected all the time; if corrected too much, he will stop talking. He compares, a thousand times a day, the difference between language as he uses it and as those around him use it. Bit by bit, he makes the necessary changes to make his language like other people`s.

FOCUS ON GOING TO COLLEGE IS BAD

The emphasis here is on Herr & Gray`s criticism of the one way to win system, this section claims that by aiming the majority of high school students towards copllege we do them a profound disservice. Not only do they not need to go to college to get a good career job (a short period of technical training can do that), but it puts students into college who are not ready to be there, they flunk out, damaging their self-image for life, and end up with a lot of college loans to pay off but no college degree. Besides, going to college stops them from getting the short technical training which would get them a good job.

When the affirmative says they are going to get more students to go to college, it is a bad thing, not a good thing.

page		Argument 

149			Emphasis on college hurts students
150			Millions will be victimized
151			Severely damages their lives
152			Huge financial burden

 CASE TURN: TOO MUCH EMPHASIS ON ATTENDING COLLEGE DOES HUGE DAMAGE TO THE MAJORITY OF STUDENTS

FOCUS ON SENDING TOO MANY STUDENTS TO COLLEGE HAS CREATED A DANGEROUS COLLEGE MANIA

KENNETH GRAY & EDWIN HERR, Profs. of Education Penn State, 1995; OTHER WAYS TO WIN: creating alternatives for high school graduates // acs-VT2000 p. 10-11
	The dictionary defines mania as ``excessive or unreasonable enthusiasm`` (Merriam-Webster`s Collegiate Dictionary, 1993, P. 707). The current enthusiasm for a 4-year college degree is excessive and therefore ``manic`` in nature. It is excessive because this enthusiasm is expressed without regard for academic ability or maturity level. Particularly for those graduates from the academic middle, it is contrary to labor market projections. This mania also ignores the differences in the quality of 4-year colleges and the likely job outlook from different tiers of colleges. Finally, it totally ignores the costs -- costs that can no longer be ignored-that are both human and financial in nature and that are jeopardizing both the nation and its youth.

THE PREJUDICE WHICH BRANDS COLLEGE AS THE ``ONLY WAY TO WIN`` MUST BE OPPOSED AT EVERY STEP

KENNETH GRAY & EDWIN HERR, Profs. of Education Penn State, 1995; OTHER WAYS TO WIN: creating alternatives for high school graduates // acs-VT2000 p. 177-178
	We hope this book provides the reader with an understanding of the myth of one way to win. Educators who advise students on postsecondary plans have an obligation to know what they are talking about. According to the facts, there are other ways to win in which the propensity for success both in postsecondary education and future economic security is a lot higher for those in the academic middle. Those who seek to create other ways to win must challenge the prejudice that school staff have in favor of the 4-year baccalaureate degree. Educators must understand that, for the majority of youth in their schools, pursuit of a 4-year degree is a very risky proposition.

THE ONE WAY TO WIN COLLEGE MANIA CONCEPT EXPLAINED AND DEFINED

KENNETH GRAY & EDWIN HERR, Profs. of Education Penn State, 1995; OTHER WAYS TO WIN: creating alternatives for high school graduates // acs-VT2000 p. 9-10
	With this final piece of information about high school graduates` career plans, the ``operational definition`` of the one way to win paradigm is complete. The one way to win paradigm is the belief that the only hope for future economic security for today`s youth is at least a 4-year college degree obtained with the expectation that it will lead to a good-paying job in the professions. The extent to which all high school graduates appear to be internalizing the one way to win paradigm and basing their future plans on it, regardless of their abilities, academic preparation, or labor market realities, is truly astonishing; it has reached manic proportions.

MILLIONS OF YOUNG PEOPLE ARE VICTIMIZED BY AN OVER EMPHASIS ON ATTENDING COLLEGE

WITH THE COLLEGE MANIA APPROACH MILLIONS OF YOUNG LIVES ARE DAMAGED

KENNETH GRAY & EDWIN HERR, Profs. of Education Penn State, 1995; OTHER WAYS TO WIN: creating alternatives for high school graduates // acs-VT2000 p. 15
	At present in the United States youth only have one way to win. In the parable, this was the ability to jump 6 feet; in our culture, it is getting a baccalaureate degree. Unfortunately, evidence presented in the next chapters shows that the baccalaureate degree route is not for everyone. We need to be as wise as the leader`s advisers and realize that the one way to win mentality hurts many who have no hope of ever entering the game; these individuals deserve other options. But before moving on to further develop this topic, we should note one other cost or threat imposed by the one way to win mentality: the serious mismatch it causes between the types of skills that will be needed by the United States to be economically competitive and the aspirations of U.S. youth.

FOCUS ON COLLEGE HAS DAMAGED MILLIONS OF HIGH SCHOOL STUDENTS IN THE ACADEMIC MIDDLE

KENNETH GRAY & EDWIN HERR, Profs. of Education Penn State, 1995; OTHER WAYS TO WIN: creating alternatives for high school graduates // acs-VT2000 p. 19
	We argued in this chapter that many of today`s graduating high school seniors, particularly those from the academic middle, are seriously adrift. They have been led to believe that a baccalaureate degree will lead to a career in the professions and is the only way to ensure future economic security and status. This mentality, in turn, has fueled college mania-the unfounded enthusiasm for a 4-year degree. Unfortunately, the one way to win paradigm is a myth, and college mania is not benign-it has significant costs to the United States and to its youth. Most devastating, it has caused many youth to give up hope. This mania is a cancer on the nation. Like any disease, its pathology must be understood before a cure can be developed. This analysis is the purpose of Chapter 2.

FOCUSING ON COLLEGE AS THE MAIN GOAL DOOMS MILLIONS TO FAILURE

KENNETH GRAY & EDWIN HERR, Profs. of Education Penn State, 1995; OTHER WAYS TO WIN: creating alternatives for high school graduates // acs-VT2000 p. 91
	These political realities make the creation of other ways to win more of a challenge but in no way diminish the need. In the one way to win game, most lose. The first losers are those who, early in their high school years, see college as an impossible reach. Unaware of alternatives that may be equally valued by teachers or the community, they give up, drop out, or stay in school but tune out instead. The second losers are those who go to college unprepared, end up in remedial courses, and slowly ``cool out`` of the system and never graduate. The final losers are those who actually persist, only to discover that few jobs are available in their major; these people typically end up underemployed. The majority of the losers are from the academic middle. 

TRYING TO GET TOO MANY STUDENTS GO TO COLLEGE WRECKS HAVOC ON THEIR LIVES

OVER-EMPHASIS ON GOING TO COLLEGE WRECKS HUGE DAMAGE ON THE ACADEMIC MIDDLE

KENNETH GRAY & EDWIN HERR, Profs. of Education Penn State, 1995; OTHER WAYS TO WIN: creating alternatives for high school graduates // acsVT2000 p. 36
	The United States has created a form of higher education Darwinism that allows all to try. From admission onward, the emphasis is on survival of the fittest among students. The costs of this cooling out process were described in Chapter 1. It is particularly costly to those who need help the most-namely, those from the academic middle of the nation`s graduating high school senior classes. The irony is that, in this group, youth from disadvantaged homes and females in general bear the brunt of the damage done by providing only one way to win, These groups would benefit most from the creation of other ways to win.

TOO MUCH FOCUS ON COLLEGE EXACTS HUGE SOCIAL AND ECONOMIC COSTS

KENNETH GRAY & EDWIN HERR, Profs. of Education Penn State, 1995; OTHER WAYS TO WIN: creating alternatives for high school graduates // acs-VT2000 p. 170
	The third dilemma with the one way to win myth is its cost. The cost, both in unmet expectations and in monetary terms, is huge. The number of underemployed college graduates who hold jobs they could have gotten after high school or who are returning to a 2-year technical postsecondary technical program to get a decent job increases each year. Unfortunately, many of these young adults who cannot find college-level work have student loan debts to pay off. Between 1990 and 1995, the number of student loans from the federal government was projected to have increased by 50% (Hartle, 1994). By 1995, federal student loans were expected to exceed $24 billion. The dilemma is this: Fewer families or governments can afford this cost of education. The growth in the student loan debt is evidence of families` growing inability to pay. This situation, accompanied by a national debt of approximately $4 trillion, leads us to wonder how much longer the United States will be able to provide such loans to so many persons without stricter criteria about recipients` abilities to do college-level work. Finally, there is the unmeasured human cost to youth who early in life sense that the only valued thing to do after high school graduation-namely, pursue a 4-year college degree is clearly beyond their ability or what they can imagine as possible and thus give up. The need is for alternatives, for other ways to win, that can be effectively communicated to them and valued as ways to develop all the United States human resources.

TOO MANY HIGH SCHOOL STUDENTS HAVE FALLEN VICTIM TO COLLEGE MANIA

KENNETH GRAY & EDWIN HERR, Profs. of Education Penn State, 1995; OTHER WAYS TO WIN: creating alternatives for high school graduates // acs-VT2000 p. 168
	Thus, the first message of this book is that the one way to win myth-the belief that future economic security can only be gained from a 4-year degree that will lead to a job in the professions-is, like all myths, mostly fiction with a dash of truth. Since the early 1980s, this widely held myth has been accepted almost without question by nearly everyone. Data from national surveys of graduating high school seniors demonstrate the wide acceptance of the myth. In such surveys, 94.7% indicate planning to continue their education, 83.9% at the 4-year baccalaureate level (see Table 1. 1). When asked to name the occupation they expect to be in at age 30, 49.3% of males and 68.8% of females cite ``professional`` (see Table 1.4). Virtually all high school youth have the same career plan, the path recommended by the one way to win myth.

THERE IS A HUGE FINANCIAL BURDEN ASSOCIATED WITH OVER-EMPHASIS ON COLLEGE

TOO MANY UNPREPARED STUDENTS GO TO COLLEGE NOW, SO THEY DROP OUT AND END UP WITH LARGE FINANCIAL AID DEBT

KENNETH GRAY & EDWIN HERR, Profs. of Education Penn State, 1995; OTHER WAYS TO WIN: creating alternatives for high school graduates // acs-VT2000 p. 81
	In terms of achieving their expressed postsecondary education  cation and career goals, more than 50% of all high school graduates fail. Nationwide, 85% of high school graduates want to obtain a 4-year college degree, but only 30% graduate with the academically advanced credentials to indicate adequate preparation for legitimate college-level academic work. The vast majority (70%) of high school graduates go on to college, most to 4-year colleges, despite inadequate academic preparation. Thus, it is not surprising to find that 50% or more have to take remedial courses sometime during their freshman year in college. Six years later, only about 50% actually graduate with a 4-year degree. The rest of the students ``cool out`` of the higher education system, but not before most have accumulated significant financial aid debt.

FINANCIAL COSTS OF OUR COLLEGE MANIA ARE HUGE

KENNETH GRAY & EDWIN HERR, Profs. of Education Penn State, 1995; OTHER WAYS TO WIN: creating alternatives for high school graduates // acs-VT2000 p. 13
	The U.S. national debt is $4.4 trillion, which costs the federal government $296 billion in payments on interest and principal annually (U.S. Bureau of the Census, 1993, p. 325). Thus, with limited financial resources and many requests for funds from diverse special interests and groups, the federal government can no longer be counted on to pump additional funds into higher education. Already, there are signs that it will not. For example, Congress was not able to fund the current student aid bill at the necessary appropriation level, and the percentage of federal aid to total student aid has actually dropped (Blackburn & Sparks, 1993). Another example is the much-heralded 1993 National Youth Service Act, which linked public service to a grant for college. This act required $11.3 billion to implement its provisions over 3 years, but Congress could only raise $1.5 billion, enough to provide grants to 1% of the eligible. Another sign that the federal government cannot afford more increases in support for higher education is the 1993 Higher Education Act; this act stipulates that undergraduates at colleges with student loan default rates higher than 25% will not be eligible for federal student loans. But issues of dollars and cents mask what may be the most dangerous cost of the one way to win mentality: the human cost for those who lose.

A COLLEGE DEGREE ISN`T WORTH THE RISK

ONLY HALF GRADUATE FROM COLLEGE, AND OFTEN THOSE FAIL TO GET COLLEGE LEVEL JOBS

KENNETH GRAY & EDWIN HERR, Profs. of Education Penn State, 1995; OTHER WAYS TO WIN: creating alternatives for high school graduates // acs-VT2000 p. 82
	Not a very bright picture, is it? Of those who begin a 4-year degree, only about one third are adequately prepared; only one half graduate; and of those who do graduate, only two in three at best will get a college-level job. Yet no one seems to be concerned. Parents don`t complain. Educators-both secondary and postsecondary-are largely silent. Politicians continue to make even grander promises of financial help and tax breaks. Others take financial advantage of the situation, It is the strange politics of one way to win or the ``must go to college`` mentality. More specifically, it is the strange politics of ``average students,`` the most common victims of providing only one way to win.

THE 50% OF THE WORKFORCE WHICH WE REALLY NEED TO BE ECONOMICALLY COMPETITIVE IS THE SAME ONE THAT IS DAMAGED BY COLLEGE MANIA

KENNETH GRAY & EDWIN HERR, Profs. of Education Penn State, 1995; OTHER WAYS TO WIN: creating alternatives for high school graduates // acs-VT2000 p. 17-18
	The critical point to be made here is that the 50% who Thurow argues are critical to future competitiveness are floundering. Lacking other alternatives, 95% of all youth, including a majority of the 50% discussed by Thurow, want a 4year college education in the hope that it will lead to a career in the professions. They hold this ambition despite the fact that most lack the academic preparation to be successful in 4-year colleges; most are unlikely to graduate; and even those who do face limited opportunities in the labor market. Meanwhile, fewer than 4% aspire to careers in technologies, crafts, or specialized repair fields, even though this type of work may comprise 20% of the total job market in the future, will pay wages second only to the professions, and is absolutely critical to global competitiveness.
	Any nation would be concerned about this gross mismatch between the aspirations of its youth and the skills needed to be globally competitive. In the battle for global strategic economic advantage, wherein the stakes are jobs and the nation`s standard of living, lack of action concerning this mismatch could be viewed as tantamount to aiding the enemy. This situation is not the fault of the youth; society taught them to believe in the one way to win paradigm, so they head off to college, prepared or not, with complete disregard for future labor market prospects and incurring considerable debt in the process. There has to be a better way. To bring this point home, we conclude this chapter with comments made by Keith, a high school student interviewed during research conducted for this book.

BUREAUCRACY BARRIERS TURN CASE

The affirmative will add a new program to high schools. This will necessitate, as well, a new bureaucracy to handle it, or the expansion of an existing bureaucxracy to handle it. Either way, it increase bureaucracy in the educational system, which is currently crippling it.

Increased bureaucracy harms the educational system more and more. It hurt teachers and students, and stops learning and efficiency. Just say NO to more educational bureaucracy.

page	Argument

154		New bureaucracy damages the school 				system
155		Federal nature of the plan leads to a 				bureaucratic enlargement process
156		Bureaucracy makes it more difficult for 				teachers
157		Bureaucracy expansion strangles effective 			education

 CASE TURN - THE AFFIRMATIVE ADDS A NEW LAYER OF BUREAUCRACY TO THE SCHOOL, THUS DAMAGING THE EDUCATIONAL SYSTEM

BUREAUCRACY CAUSES A VICIOUS CYCLE, ATTEMPTS TO IMPROVE THE SCHOOLS ONLY MAKE THE PROBLEMS WORSE

John E. Chub & Terry M. Moe, Brookings Institution,
1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS
EE2000-sae p.65-66
	Moreover, the fundamental obstacle to effective organization among urban public schools is not  their conflictual, problem-filled environment. It is the way democratic control tends to manage and respond to such environments. And this may well prove more troubling than we have indicated thus far. For democratic control threatens to generate a vicious circle of problems and ineffectiveness. 15 Precisely where the problems are the greatest-in poor urban areas-and thus Where strong leadership, professionalism, clear missions, and other aspects of effective organization are most desperately needed, public authority will be exercised to ensure that schools are highly bureaucraticized There will be little  discretion to allow for strong leadership.
Teachers will be unable to participate as professionals. Talent will be drained pff. Unions will insist on myriad formal protections. Principals will be hamstrung in their efforts to build a cooperative team. And so on.
The institutions of democratic control are thus likely to respond to serious educational problems by adding to the schools` already disabling bureaucracy-rendering them even less capable of solving the problems that face them. The more poorly the schools perform, the more the authorities are pressured to respond with new bureaucratic constraints, which in turn make the schools still less effective. Hence the vicious circle.

TRYING TO ADD NEW COMPONENTS AND NEW DEMANDS ON SCHOOLS, WE DECREASE REAL ACADEMIC ACHIEVEMENT

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	That we have compromised this commitment [to excellence in education] is, upon reflection, hardly surprising, given the multitude of often conflicting demands we have placed on our Nation`s schools and colleges. They are routinely called on to provide solutions to personal, social and political problems that the home and other institutions either will not or cannot resolve. We must understand that these demands on our schools and colleges often exact an educational cost as well as a financial one. 

THE FEDERAL NATURE OF THE AFFIRMATIVE GUARANTEES THAT THERE WILL BE AN ADDED LAYER OF BUREAUCRACY

FEDERAL EDUCATION PROGRAMS IMPOSE BUREAUCRATIC RESTRICTIONS ON SCHOOLS THUS DISEMPOWERING TEACHERS AND SCHOOLS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.40
	Given the widespread incentives and opportunities for noncompliance, the most attractive solution is simply to bureaucratize the implementation of policy. Through bureaucracy, federal officials can strategically reduce the discretion of school personnel by specifying the kinds of behavior they want-and requiring them by law. They can insist on the adoption of specific practices, procedures, and decision criteria they think are most conducive to federal policy goals; they can impose information-collecting, reporting, and monitoring requirements as means of holding schools accountable for their performance; and they can impose sanctions for noncompliance. It is no surprise that federal education programs, which now number nearly one hundred, are constantly criticized by lower-level authorities for being excessively bureaucratized .

THE EDUCATION SYSTEM CREATES INEFFECTIVE BUREAUCRACY IN RESPONSE TO FEDERAL ACTION

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.39-40
	Consider the situation from the standpoint of those who exercise authority at the federal level. They are in a position to impose higherorder values on the schools through policies of their own choosing. For federal authorities to succeed, however, they must somehow ensure that their policies-which many people in local communities may flatly disagree with-get implemented as they want. They do not have any choice but to exercise hierarchical control. In doing so, they face some of the same technical problems-the bottom-heavy nature of education technology and the difficulty of measuring school performance-that private owners face. But they also face, as all government authorities do, two other kinds of problems that are especially severe because of the democratic ``organization`` in which their control efforts must take place. 
	First, they cannot assume that principals and teachers will expertly harness their energies, talents, and resources toward federally imposed policies. If federal policymakers had the authority, they could act like private owners and choose their own principals and teachers on grounds of philosophy, personal goals, expertise, or even loyalty. But they do not have that authority, and they are unable to do much of anything to guarantee that their policies do not end up in the hands of school personnel who disagree with their goals, who find the prerequisites of effective implementation to be burdensome or objectionable, or who are simply not competent enough to be effective. The misuse of federally granted discretion, therefore, can easily be serious and widespread. To make matters worse, federal authorities are far removed and cannot directly observe what is going on in each an(] every local school around the country. Thus they cannot easily tell where or when their grants of discretion are being put to bad use.
	Second, these dangers of noncompliance and ineffectiveness are rendered far more threatening by the presence of multiple authorities within the democratic ``organization.`` Any discretion left in the hands of school personnel is subject to legitimate influence and control by other democratic authorities at the state and local levels. These authorities have their own groups and constituencies to look out for and their own political interests to pursue. Given the opportunity, they can be expected to turn discretionary programs and federally supplied resources toward ends that may be at odds with federal intentions.

FEDERAL AND STATE EDUCATION POLICIES WILL BE MORE BUREAUCRATIC

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.40-41
	The incentives  to bureaucratize the schools are somewhat different   for different levels of government. Those who exercise authority at  the federal (especially) and the state levels, for instance, are farther  away from what actually happens within the schools, have much larger  and more diverse populations of schools (and personnel and competing  authorities) to worry about, and are probably more prone to extensive  formal controls than districts and other local governments are. But  even at the local level, where consolidated city and county school  systems serve large populations-sixty-two different school districts  now serve at least 50,000 students each-there will still be strong  incentives to pursue school-level compliance through an array of bureaucratic controls. 

BUREAUCRACY MAKES IT MORE DIFFICULT FOR TEACHERS TO TEACH EFFECTIVELY

BUREAUCRACY PREVENTS EFFECTIVE TEACHING TEAMS BY PLAYING TEACHERS OFF AGAINST ONE ANOTHER.

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.50-51
	Serious disabilities are easy to anticipate. Aside from ham-fisted attempts by administrators to measure expertise, the qualifications crucial to good teaching may have little to do with the formal criteria that determine who ends up teaching in a given school. And even if` public officials and unions were moved to try to include these qualifications, they would find them impossible to formalize anyway. People at the school level know collegiality, enthusiasm, and sensitivity when they see them, but there is no way to devise a formal test that would take such assessments out of the domain of discretionary judgment. In a bureaucratic system dedicated to the elimination of discretion, especially on matters of personnel, all of the intangible properties so necessary for effective performance are ``ruled out`` and cannot be recruited or mobilized for the pursuit of school goals. The bureaucratization of personnel tends to ensure that public schools will lack the proper mix and balance of talents on which effective education inherently depends.
	It also tends to leave the school organization vulnerable to disunity and disarray. Teachers may reject the principal`s leadership, dissent from school goals and policies, get along poorly with their colleagues, or fail to perform acceptably in the classroom-but they nonetheless have formal rights to their positions. Because personnel is likely to be heavily bureaucratized, there is no systematic way to screen out people who are bad fits, nor is there is a systematic way to recruit and retain the kinds of people who would fit and function well together as a team. To make matters worse, principals are unlikely to be granted the formal tools of leadership that might allow them to create a team out of the motley crews the bureaucracy may give them.

RULES AND BUREAUCRACY NOT ONLY FAIL TO EMPOWER TEACHERS BUT THEY ALSO MAKE EDUCATION INEFFECTIVE

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.205
	All of these reforms to empower and professionalize teaching are institutionally crippled from the outset; they are destined to disappoint. The kind of power that teachers have in effective schools cannot be imposed by formal rule. Nor can the kind of professionalism they exercise in effective schools be imposed by licensing and standards boards. Democratic control cannot ``make`` teachers into the efficacious professionals they want to be-for democratic control is the real problem. It is what caused their bureaucratic subordination in the first place, and the only kind of restructuring it can offer is a different set of bureaucratic arrangements in which teachers play new formal roles and have more formal powers. This is an artificial version of the real thing. And it leaves the most fundamental problem untouched.

BUREAUCRACY UNDERMINES THE COMMUNITY OF TEACHERS NECESSARY TO EFFECTIVE SCHOOLS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.51
	This promotes conflict and discontent, as people who disagree with one another and have little in common struggle to have their own ways-or simply to be left alone. It also inhibits the development of social relations-of collegiality, cooperation, and mutual respect-that are conducive to jointly productive behavior. In the process, the bureaucratization of personnel drives a wedge between the principal and his teachers and virtually ensures that principals will not voluntarily share their powers and prerogatives. It also ensures that principals will resist treating teachers as professionals by allowing them to run their own school. Principals and teachers are not really on the same team at all. Nor are teachers a team in their own right. There is no team. All these people just happen to work at the same school.

EACH STEP IN BUREAURACY STRANGLES EFFECTIVE EDUCATION

BUREAUCRACY CAUSES A VICIOUS CYCLE OF LESS AND LESS EFFECTIVE SCHOOLS

John E. Chub & Terry M. Moe, Brookings Institution,
1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS
EE2000-sae p.64
	All this is compounded by the more specific effects that problem plagued schools and environments have on the bureaucratization of personnel. Unions are likely to be stronger and more militant the, worse the conditions in which teachers work. They are likely to seekmore changes, more protections-and more formalization, since this is the means by which unions get what they want. In addition, the most problem-plagued schools are precisely the ones in the greatest danger of losing their best, most experienced teachers, who tend to use their formal rights within the public system to transfer to more desirable jobs at better schools in more problem-free environments. The consequences are felt throughout the school organization, as problem-plagued schools become more rule-bound in their practices, more difficult for principals to manage, more prone to internal conflict, increasingly drained of the talent they so desperately need-and thus even less capable of solving the severe problems that face them.

BUREAUCRACY PRODUCES INEFFECTIVE SCHOOLS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.91
	Overall, then, the organizations of academically successful schools, and academically unsuccessful ones are rather different. The former tend to have goals that are more focused and ambitious, to be headed by purposeful educational leaders, and to be staffed by teachers who work with one another and with the principal as a community of professionals-as a close-knit team. Unsuccessful schools are organized rather differently. They tend to hold lower and more ambiguous expectations of their students, to be managed rather than led, and to be staffed by teachers who are lacking in the requisites of professionalism and effective interaction. Low performance schools look less like professional teams and more like bureaucratic agencies.

BUREAUCRATIC SYSTEMS DECREASE ACADEMIC ACHIEVEMENT

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.165
	The importance of this disparity goes well beyond its impressive magnitude. In the last chapter we gauged the influence that school organization has on student achievement by calculating the predicted difference in achievement gains for students attending schools in the top and bottom quartiles of organizational effectiveness. We calculated that over a four-year high school career, identical students attending effective and ineffective schools would differ by more than a full year in achievement gains. The influence that bureaucracy exerts over school organization is sufficiently strong that it alone is capable of producing most of this achievement difference. The shift in organizational effectiveness that we used to predict achievement gains in the last chapter compared schools in percentile 12.5 of organizational effectiveness to schools in percentile 87.5 of organizational effectiveness. A change in bureaucratic influence-from a high level to a low one-is capable of shifting organizational effectiveness from percentile 26.1 to percentile 81.6 on its own. In other words, bureaucratic influence is an important enough cause of school organization that it can make or break school performance all by itself.

BUREAUCRACY UNDERMINES EFFECTIVE SCHOOLS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.151
	In table 5-4 we take a look at administrative constraint in schools with effective and ineffective organizations. Generally, the differences between the schools are quite striking. Effective schools are subject to much less external administrative control than ineffective schools are. On every issue, effective schools experience less influence from superintendents and central office administrators than ineffective schools experience. On most issues the differences are large. On four out of five issues the percentages of schools subject to above average administrative constraint differ by at least 20 percentage points.

WE MUST UNDERSTAND THE POLITICAL SYSTEM OF EDUCATION REFORM IN ORDER TO AVOID REIFYING PROBLEMS OF THE STATUS QUO

Herbert Gintis, assistant professor at Har vard University, 1972;
	``Towards a political Economy of Education: A Radical Critique of Ivan Illich`s Deschooling Society,`` DESCHOOLING, edited by Ian Lister, EE2000-hxm P- 32
	The immediate strategies of a movement for educational reform, then, are political: (a) understanding the concrete contradictions in economic life and the way they are reflected in the educational system: (b) fighting to insure that consciousness of these contradictions persists by thwarting attempts of ruling elites to attenuate them by co-optation: and (c) using the persistence of contradictions in society at large to expand the political base and power of a revolutionary movement, that is, a movement for educational reform must understand the social conditions of its emergence and development in the concrete -conditions of social life. Unless we achieve such an understanding and use it as the basis of political action, a functional reorientation will occur vis-a-vis the present crisis in education, as it did in earlier critical moments in the history of American education.

SCHOOL REFORM IS COUNTER-PRODUCTIVE

This position argues that the blame and reform pattern of the affirmative leads to ineffective and counter-productive school changes. This blame and reform pattern is where critics harshly criticize the school system and decry its failure, and then rush in to fix everything with a simple reform.

Because reforms takes place in an improper context of school crisis, they make all the wrong moves and change the wrong things. The better system would be to realize that our schools are extremely successful, and then make small changes based on that.

page	Argument

159		Blame and reform pattern is damaging
160		Reform pattern will fail in this context
161		Makes the entire educatiun system worse
162		Blame pattern damages all of education

 CASE TURN - THE BLAME AND REFORM PATTERN OF THE AFFIRMATIVE DAMAGES AMERICAN EDUCATION

CLAIMS OF ACADEMIC FAILURE OF AMERICAN SCHOOLS HAVE PAVED THE WAY FOR COUNTER-PRODUCTIVE SCHOOL REFORM

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 6-7
	The consequences of unfounded hysteria about declining school performance are more serious than spawning a few, misguided back-to-basics movements. Because popular indictment of school performance has been so devastating, many have concluded that the public education system itself is hopeless, leading to demands for privatization of education, whether with vouchers, contracting out to for-profit educators, or the quasi-privatization of charter schools. A few advocates of these alternatives may deliberately misstate the record on public school performance to advance their agenda. But most are genuinely confounded by the unreliability of data and information. Not surprisingly, alternatives to public education are widely judged on the basis of anecdotal evidence and exaggeration to be successful, though there are no data by which outcomes in public and private schools can be compared using adequate statistical controls for student characteristics.
	If we Americans truly want to improve our schools, not destroy them, we must begin with a realistic appraisal of what they accomplish. The first step in any reform program is to figure out what the facts are. The following chapters attempt to put these facts in perspective.

IF REFORM TAKES PLACE WITHIN AN INCORRECT CONTEXT OF SUPPOSED SCHOOL CRISIS WE WILL ALIENATE AND DESTROY THE GOOD TEACHERS AND SCHOOLS WE ALREADY HAVE

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 31-32
	It matters. If Americans believe their schools perform more poorly than they used to, reforms will be designed differently from reforms aimed to improve a satisfactory institution. It is difficult to make a careful assessment of schools` ills and successes, or to develop a plan to improve them, if myth gets in the way. The myth has led and will continue to lead to trying to fix the wrong things-to focusing on nonexistent problems while perhaps ignoring the real ones. Under popular pressure, the education community may mistakenly enact more radical reforms than it should, may seek ``systemic`` changes rather than incremental improvements, or may become so impatient for results that earlier reform programs are replaced with new ones, before prior measures have had a chance to take root. Our society may demoralize good teachers and schools by neglecting to appreciate their contributions, even while it sends a message to poor teachers and schools that inadequate performance is inevitable and should be tolerated. In fact, each of these unintended consequences has flowed from our hyperventilated denunciation of school failure.

BLANKET CONDEMNATION OF SCHOOLS IS NOT A PRODUCTIVE APPROACH TO REFORM

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 113
	This nation has more serious problems than whether it needs more skills overall. How, if opportunities for well-paid, skilled work continue to be limited, are all young people, even the least advantaged, to have a more equitable opportunity to compete for these premium slots? And if they do, how will the disappointment of previously privileged individuals forced to cede a greater share of these slots to others be accommodated? Blanket condemnation of our schools only obscures these important issues.

FADDISH SCHOOL INNOVATIONS DAMAGE THE OVERALL EDUCATIONAL CLIMATE

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 7-8
	American education is awash in faddish innovations that sweep through the profession,`` notes Chester E. Finn, the former assistant secretary of education. ``Because of this faddishness, American education often appears to be in the throes of ceaseless change. Yet few of these innovations endure. Fewer yield improved results. And nearly all of them are made within the boundaries of the old design.
	The stop and start nature of reform activity particularly damages school culture by discouraging cooperation and reducing motivation among teachers who ``have watched wave after wave of educational `reform``` come and go. 17 Teachers` behavior is shaped by their experiences, their relationships with fellow teachers and administrators, the institutional demands of their role, and the culture of their school.`` As policy churn increases the stress and uncertainty of teaching, teachers learn to view school reform efforts with a skeptical eye. As a result, teachers have discouraging personal experiences with reform and ]cam to view reform efforts as an institutional imposition. Veteran teachers then help to foster a cynical school culture in which teachers will disregard new reforms once they are safely behind the closed doors of their classrooms.

 REFORM PATTERN FAILS TO IMPROVE EDUCATION

PROCESS OF SCHOOL REFORM ONLY SERVES TO REINFORCE THE STATUS QUO

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 5
	Reform essentially becomes a tool that legitimizes the performance of urban school districts.` By embracing reform, policymakers recognize public dissatisfaction with urban school performance and promise that improvement is around the comer. Not only are districts pursuing an immense number of reforms, they recycle initiatives, constantly modify previous initiatives, and adopt innovative reform A to replace practice B even as another district is adopting B as an innovative reform to replace practice A.

ATTEMPTS TO FIX THE CURRENT EDUCATIONAL INSTITUTION ARE NOT EFFECTIVE

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p-194
	Traditional Reforms: More Controls. Money aside, the first wave was an effort to ``make`` schools better through new controls. The schools had not performed well in the past, and it was now up to policymakers to impose the kinds of changes that seemed to be needed for academic excellence. The rules and regulations eventually adopted varied from state to state, and they targeted virtually every aspect of the schools--curriculum, discipline, personnel, textbooks, instructional methods, and more.
	Several basic reforms stand out, however, as uniformly popular and representative of what was going on: the states sought to ensure a more rigorous academic curriculum through stricter graduation requirements, they sought to ensure that this curriculum was more effectively taught by raising teacher quality, and they sought to hold schools accountable for effective teaching by requiring new formal tests of student performance. Better courses, better teachers, better accountability.
	Because their objectives are admirable, these sorts of reforms seem to make good sense. Just like spending more money does. But there is little reason to think they will have any significant impact on how much students learn-and they may make things worse rather than better.

EFFECTIVE EDUCATIONAL GOALS CANNOT BE MANDATED FROM GOVERNMENT

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.78-79
	But  observers of effective schools have a go deal more in mind when they argue that schools have become unfocused and undemanding. What they are talking about is not very well reflected in formal requirements. After all, there is little evidence that the decline in student achievement during the 1960s and 1970s was caused directly by- declining graduation requirements . Research suggests that while requirements may be a useful indicator of what a school is trying to accomplish, the best measures of a school`s true goals are the priorities articulated or not articulated by the principal, and the objectives perceived and internalized by the teachers. Goals that are written down in an organization manual or posted on a bulletin board however lofty and thoughtful those goals may be will not have the impact on the day-to-day effectiveness of a school that goals shared and acted on by the school staff will have. Unfortunately for America`s public schools, a clear and ambitious sense of collective purpose is not something that politicians can require or that administrators can easily encourage principals and teachers to develop.

CRITICS USE MYTHS ABOUT EDUCATION TO SUPPORT THEIR OWN AGENDA, NOT TO ACTUALLY IMPROVE EDUCATION

Judith J. Slater, Florida International University, March/April 1997; JOURNAL OF TEACHER EDUCATION, ``Fiction Masquerading as Truth,`` EE2000--hxm p. 147
	Berliner and Biddle contend that critics use the myths to support their own agenda; they repeat them endlessly so they seem to provide corroboration. Through dissemination of misinformation to the public, they create the false impressions that America spends much more money on its schools than other nations do but is not getting enough for its education dollars; that investing in the schools has not brought success, and money is unrelated to school performance; that recent increases in expenditures for education have been wasted or have gone merely into unneeded raises for teachers and administrators; that the productivity of American workers is deficient, reflecting the inadequate training they receive in American schools; that America produces too few scientists, mathematicians, and engineers and, as a result, the country is losing its industrial leadership; that its schools are not staffed by qualified teachers; that the textbooks they use promote immorality; that most American parents are dissatisfied with their local schools; that because they are subject to market forces, private schools are inherently better than public schools. If anything, there is a paucity of good to counteract the bad press of schools, teachers, and teacher education institutions. The problem is good press does not sell papers, promote support and dollars from special interest groups, or promote political agendas.

REFORM PATTERN MAKES THE ENTIRE EDUCATION SYSTEM WORSE

REFORM APPROACH TO EDUCATION IS UNSUCCESSFUL AND
COUNTER-PRODUCTIVE

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 3
	0NE OF THE FEW POINTS of unanimity in contemporary American politics is the belief that urban schooling is in dramatic need of improvement. In recent decades this belief has helped to promote the waves of reform that have swept American education and then dissipated without producing sustained change. Why have such widely endorsed reform efforts proved so ephemeral? Why has so much experimentation produced so little significant change?
	The problem is not with the individual reforms, but with the nature of the reform enterprise itself. In most cases ``reform`` efforts are not the solution to problems in urban schooling and are only incidentally about improving education at all. In fact, fascination with reform is a distraction that does not add substantive value and may have negative consequences. The frenetic embrace of new approaches is not productive, largely because the very institutional incentives that drive reform activity also make likely the failure of individual reforms. Policymakers are driven by professional and community pressures to initiate a great deal of activity, because it demonstrates leadership and steers the local education agenda onto politically and professionally comfortable ground.

EMPIRICAL STUDIES OF SCHOOL REFORM SHOW THAT IT IS INEFFECTIVE AND COUNTER-PRODUCTIVE

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 P. 10-11
	The dismal results of these extensive reform efforts prompted the RAND Corporation`s 1995 report on Reinventing Public Education to begin with the question ``Why has a decade of work on school reform produced so little?`` Without entering into the long-running debates on the quality or productivity of America`s urban schools, it can be safely stated that the school reform efforts of the 1980s and 1990s have not improved urban schooling. There is widespread agreement on this point. After thirty years of reforms, ``the benefits have not equaled the costs, and all too often the situation has seemed to worsen.`` While this study assesses whether the problems of reform have remained constant or grown worse over time, the shortcomings of reform efforts were recognized as early as the mid- 1960s. In 1964 one observer noted that innovations such as team teaching, programmed instruction, or ungraded schools were ultimately rejected or resulted in unanticipated problems. By 1970 the Center for Urban Education had evaluated more than sixty projects and documented ``a series of earnest attempts`` that ``invite an impression of cumulative failure.``

INDIVIDUAL REFORM INITIATIVES WHICH APPEAR TO BE GOOD IDEAS ARE CHANGED INTO COUNTER-PRODUCTIVE POLICIES BY THE INSTITUTIONAL STRUCTURE OF SCHOOLS

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 29
	To be sure, individual reform initiatives are not necessarily bad ideas, and school policymakers have entirely honorable intentions when proposing them. It is entirely possible that any given reform will enhance school performance if properly implemented. The cruel paradox is that the same impulses that drive education policymakers to adopt reform ensure that they will do so in conditions that make large-scale success highly unlikely. Problems with urban school reform are symptoms of the institutional structure of urban school districts. Until those larger constraints are addressed, attempts to improve schooling through any reform -- no matter how well designed-are likely to prove futile and waste resources.

REFORM HAS BEEN A DISTRACTION AND A HINDRANCE FOR AMERICAN EDUCATION

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 177
	This STUDY BEGAN with a question that has long troubled the educational community: why have such energetic reform efforts yielded so little change in urban school districts? The answer is both radical and embarrassingly obvious. Reform-rather than being the remedy to what ails urban schools-has been a distraction and a hindrance. Reform is an expensive endeavor requiring time, money, and energy. By absorbing these resources, reform imposes significant monetary and opportunity costs on urban school systems.` Reform, at least as it has traditionally been conceived and enacted, is only tangentially about improving urban education .2 School reform is primarily the consequence of district policymakers` attempting to operate in a hostile political environment. Unfortunately, the efforts of these policymakers have undermined school-level stability, focus, consistency, enthusiasm, trust, and commitment -- the keys to effective schooling. This spinning of wheels has aggravated the sad plight of urban education.

SEARCHES FOR A SILVER BULLET REFORM FOR EDUCATION IS DISTRACTING AND COUNTER-PRODUCTIVE

FREDERICK HESS, Brookings Institution, 1999; SPINNING
WHEELS: the politics of urban school reform // acs-VT2000
P. 19 
	The vigilant search for the right ``silver bullet`` reform, the one that will save urban education, is distracting and unproductive. The search for quick fixes wastes resources even as it fosters apathy, cynicism, and disillusionment among veteran teachers. These costs help to explain why the vast energies devoted to urban school reform have failed to deliver the promised results. Reducing the prevalence of symbolic reform will not ``turn around`` urban school systems. However, until steps are taken to address symbolic reform, urban school reform will continue to be a dead-end route to educational improvement.

BLAME PATTERN DAMAGES ALL OF EDUCATION

NON-SUPPORTIVE RHETORIC ABOUT EDUCATION ONLY IMPEDES PRODUCTIVE REFORM

Judith J. Slater, Florida International University, March/April 1997; JOURNAL OF TEACHER EDUCATION, ``Fiction Masquerading as Truth,`` EE2000--hxm p. 148
	The Sandia report showed students were competitive, well prepared for the workforce, and measured up to comparisons with other countries. It suggested that the nonproductive rhetoric surrounding education today is based on improper use of simplistic data (Berliner & Biddle, 1995, p. 159). The Sandia Report refuted claims that from 1971-1991, America either maintained or enlarged its production of young people with bachelor`s, master`s, and doctor`s degrees in most fields of science and engineering . . . in 1990 alone, 120,000 students received Associate of Arts degrees in science and technology from junior and technical colleges . minority and women students ... in these technical areas is climbing (Berliner & Biddle, 1995, pp- 9798). Although we have shown that there are indeed some serious problems at all levels of education, we believe that much of the current rhetoric goes well beyond assisting reform, and actually hinders it.
	Much of the `crisis` commentary today Professes total systemwide failure in education. Our research shows that this is simply not true. Many claim that the Purpose of the rhetoric is to garner funding for reform; but, if these funds are used to alleviate a nonexisting `crisis,` education and educators will suffer in the long run (p. 144). But, the public`s belief in the rhetoric of failure was already firmly entrenched having been formed through the formal national government position and initiatives and supported by the press.

UTOPIAN RHETORIC AND GROUP POLITICS SABOTAGES SCHOOL REFORM EFFECTIVENESS

FREDERICK HESS, Brookings Institution, 1999; SPINNING
WHEELS: the politics of urban school reform // acs-VT2000
p. 18
	in Tinkering Towards Utopia, David Tyack and Larry Cuban observe the recurrent pursuit of utopian ideals and the failure of reforms to change the ways that schools look and act. Noting that ``Americans celebrate innovation,`` the authors explore the paradox that educators have been attacked for being ``moss-backs who resist change`` and suckers for ``foolish notions [that] circulate through the system at high velocity.`` Blending political and institutional analysis, they argue that reforms are devised, promoted, and adopted as a consequence of group politics. The actual implementation of reform in schools is shaped by operational regularities that ``have imprinted themselves on students, educators, and the public as the essential features of a `real school.``` Notions of ``real school`` are protected by popular conceptions of schooling and by the routines of teacher practice. Tyack and Cuban conclude that it is hardest to achieve change ``where it counts the most-in the daily interaction of teachers and students.`` This change is possible, they believe, with commitment, resources, and an accurate understanding of schools as institutions. The argument made here is entirely consistent with their thesis, while refining their political and institutional discussion. It empirically examines some of the implications of a political understanding of school reform by exploring the activity of urban districts during a specific period of time.``

PRESSURE ON STUDENTS CAUSES HARMFUL STRESS

This position argues that teenagers are at a very stressful point in life. They arew taking on adult characteristics, dealing with the issues of puberty, and thinking about what they will be doing for the rest of their lives. They are thus very susceptible to stress.

The affirmative may well cause stress in a number of ways: academic pressure, increased activities, grades and tests, new standards, etc.

Increased stress on teens causes illness and suicide.

page	Argument

164		Changes in school cause stress
165		Stress causes mental and physical illness, 			including suicide

 CHANGES IN SCHOOL ENVIRONMENT CAN LEAD TO INCREASED STRESS

STUDENTS TRYING TO DO TOO MANY THINGS AT ONCE TAKES ITS TOLL ON THEM

Emily Mitchell, staff writer, Time November 23,; Pg. 144[F] HEADLINE: Time Flies;  The race against the clock can be overwhelming // acs-VT2000
	Brrrrring! The alarm goes off, and another day crammed with classes, sports, homework, appointments and sometimes jobs begins. Benjamin Franklin, no squanderer of time, would be impressed by the schedules kept by today`s children. But the hectic pace takes its toll.

TOO MANY ACTIVITIES ARE BAD -- STUDENTS NEED DOWNTIME

Emily Mitchell, staff writer, Time November 23,; Pg. 144[F] HEADLINE: Time Flies;  The race against the clock can be overwhelming // acs-VT2000
	Parents should be aware of when a son or daughter may need some healthy down time, but even the experts do not always agree on when children are overburdened. Jack Fletcher, professor of pediatrics at UT-Houston Health Science Center, has two daughters, ages 7 and 10, and he notes that ``some children thrive on having a lot to do.`` He and his wife Patricia McEnery, a former social worker, aren`t strict about how the girls spend every minute of the day. ``The trick,`` says McEnery, ``is to assess what your kids really need and try to find a balance.`` 

GRADES OF C AND D INCREASE HARMFUL STRESS

CYNTHIA HUFF, 1999; ADOLESCENCE, Spring, P. 81, ``Source, regency, and degree of stress in adolescence and suicide ideation`` // acsVT2000
	Interestingly, students with grades of C and D reported experiencing significantly more stress in the previous month than did students with higher or lower grades. In addition, while the perceived degree of stress was found to be higher for students who attended church on a regular basis, their actual stress was lower. This finding suggests that church attendance is a protective factor in terms of frequency of stress.

INCREASED STRESS LEADS TO MENTAL AND PHYSICAL HEALTH DECLINES

STRESS CAUSES PHYSICAL AND MENTAL HEALTH PROBLEMS

DEBORA BALDWIN, 1997; ADOLESCENCE, WINTER, ``Stress and illness in adolescence,`` p. 839 // acs-VT2000
	Research has indicated that stress is a contributory factor in a variety of physical and mental health problems (Brantley & Jones, 1993; Holmes & Masuda, 1974; Newberry, Baldwin, Madden, & Gerstenberger, 1987). The notion that life events contribute significantly to the development of physical and psychological disorders has spawned a diagnostic category called ``psychological factors affecting physical conditions`` in the Diagnostic and Statistical Manual of Mental Disorders (Third Edition, Revised).

TEENAGERS ARE IN A DIFFICULT SITUATION AND ARE SUSCEPTIBLE TO STRESS INDUCED DAMAGE

DEBORA BALDWIN, 1997; ADOLESCENCE, WINTER, ``Stress and illness in adolescence, `` p. 839 // acs-VT2000
	One period of life characterized by rapid physiological, social, and cognitive changes that may generate stress is adolescence. According to Nielsen (1987), the adolescent is faced with numerous demands (e.g., family, school, peer groups), and ``miscoping``` responses to these demands (e.g., truancy, drug abuse, isolation) can intensify the stressful transition to adulthood. Although most adolescents are free of serious health problems, studies have consistently shown a positive correlation between the accumulation of recent negative life events and reported psychological and physical health problems (see review by Johnson, 1986). For example, Greene, Walker, Hickson, and Thompson (1985) found that life stress was positively associated with recurrent pain and behavioral problems among adolescents seen at an outpatient clinic.

EVIDENCE IS STRONG THAT LIFE STRESS AND ANXIETY LEAD TO DECLINES IN WELL-BEING

DEBORA BALDWIN, 1997; ADOLESCENCE, WINTER, ``Stress and illness in adolescence,`` p. 839 // acs-VT2000
	There is a considerable amount of data to support the stress-illness relationship for adults. The purpose of the present study was to further examine the relationship between stress and illness, specifically with respect to race and gender, among adolescents. No significant race or gender differences in reported stress and anxiety levels were found. However, African-American adolescents reported fewer physical symptoms than did their Euro-American counterparts. Further, female adolescents reported significantly more physical symptoms than did males. Overall, life event stress and anxiety were positively related to reported symptomatology. This finding in particular is consistent with previous studies on adolescent stress and well-being (Colten & Gore, 1991; Compas, Wagner, Slavin, & Vannatta, 1986; Newcomb et al., 1981; Siegel & Brown, 1988). 

STRESS INCREASES SUICIDE RISK

FAILURE LEADS TO DEPRESSION AND SUICIDE RISK IN YOUNG PEOPLE 

CYNTHIA HUFF, 1999; ADOLESCENCE, Spring, P. 81, ``Source, regency, and degree of stress in adolescence and suicide ideation`` // acs-VT2000
	One factor that increases the risk of suicide is depression (Lester & Gatto, 1989; Pfeffer et al., 1994), which may develop from perceived failure or difficulty coping with loss. Thus, a mental health crisis may set the stage for suicide ideation. Family disruption is also a contributing factor (Elkind, 1984; Rubenstein et al., 1989; Lester, 1991). The unrealistically high expectations placed on today`s youth is yet another (Peters, 1985; Parker, 1988; Adcock, Nagy, & Simpson, 1991).

POOR GRADES ARE A LEADING CAUSE OF STRESS THAT TRIGGERS SUICIDE

CYNTHIA HUFF, 1999; ADOLESCENCE, Spring, P. 81, ``Source, regency, and degree of stress in adolescence and suicide ideation`` // acs-VT2000
	Stressors, especially within the previous year, have been linked to suicide ideation (Cole, Protinsky, & Cross, 1991). For youth, these include poor grades, drug and alcohol abuse, and increased pressure (Dixon, Rumford, Heppner, & Lips, 1992; Felts, Chenier, & Barnes, 1992; DuBois, Felner, Brand, Adan, & Evans, 1992; Greening & Dollinger, 1993). In turn, suicide ideation puts students at increased risk for suicide (Harkavy et al., 1987; Thompson, Moody, & Eggert, 1994).

STRESS AND SOCIAL DISRUPTION TRIGGER JUVENILE DELINQUENCY

TIMOTHY BREZINA, 1996; CRIMINOLOGY, Feb., p.39, ``Adapting to strain: an examination of delinquent coping responses // acsVT2000
	Strain theories have conceptualized delinquency as a form of adaptive, problem-solving behavior, usually committed in response to problems involving frustrating and undesirable social environments. The most recent version of strain theory, Agnew`s general strain theory, provides the most complete formulation of this argument by suggesting that delinquent behavior enables adolescents to cope with the socioemotional problems generated by negative social relations. To date, however, the actual coping effectiveness of delinquency remains unexamined. This study explores the ways that delinquency may enable adolescents to cope with strain, and it uses national survey data to test the coping effectiveness of delinquent behavior. The findings indicate that delinquency enables adolescents to minimize the negative emotional consequences of strain, and they provide empirical support for the interpretation of delinquency as an adaptive response to aversive environments. Implications for criminological theory are discussed

NEGATIVE COUNTERPLANS

The negative counterplan offers itself as a reasonable and superior alternative to the affirmative. It is usually important in modern debate to have a counterplan which can address the affirmative problem area while at the same time avoiding a disadvantage -- one that links to the affirmative plan but not to the negative counterplan. These counterplans should do that.

page		Argument

167		States counterplan and Federalism disadvantage
		The negative argues that the states should do the plan instead of the federal government. This is a superior system because it preserve the balance of power between the federal and state levels of government. Such a federal balance is important to freedom and the protection of minority rights. Also, other countries model our system.

194		Deschooling counterplan
		Proposed by Ivan Illich and now championed by the choice/voucher free marketeers, this system argues that compulsory schools should be banned, and students could use an edu-credit to gain learning from a wide variety of new, informal, voluntary, participatory alternatives: peer matching, skill sharing, access to educational objects, and advice from master teachers. Shool is bad and must be abolished to save education. 

130		Reconstitution
		Enacted at the local level, this counterplan is designed for use against cases which describe just a few really bad schools. Reconstitution is where they disband the teachers and staff and build the staff of the school all over again. This is an effective way to turn around loser schools, and it only needs to be done in those schools.

STATES COUNTERPLAN AND FEDERALISM DISADVANTAGE

page	Argument

168	States CP and Federalism DA shells
169	Links to education
170	Federalism now on the brink
171	Federalism features active states now - uniqueness
173	Courts protect state power now
174	Need state power to check federal power
175	Impact: protects minorities
176	Impact: prevents government tyranny
177	Devolution bad
177	States solve
178	States solve best for education
179	States have resources to solve
180	States solve better than federal
181	Impact: other nations model us
182	Impact: modeling prevents conflicts
183	Impact modeling protects free trade & human rights
184	Answer: no link
185	Answer: 10th amendment irrelevant
186	Answer: Congress can control
187	Answer: Federal action helps states
188	Answer: Courts will protect states
189	Answer: not unique
190	Permutation: should both work together
191	Answer: states fail to reform education
192	Answer: state departments of education fail
193	Answer: states lack funds

SHELL - FEDERALISM DISADVANTAGE

A. STATE ROLE IN EDUCATION IS INCREASING

Sanford Schram and Carol Weissert, 1997, prof. Bryn Mawr and prof. Michigan State, Spring, Publius, ``The State of American Federalism``, // ee2000 (pg. 2)
	In some areas, signs of state action suggested that the energy of the U.S. Federal system is increasingly to be found in the states. In areas ranging from education to health, from civil service reforms to job-training programs, states often picked up the slack and worked to devise their own, including private sector, solutions in the face of immobility in Washington, D.C. Governors continued their role as key actors in national policy deliberations but concentrated their efforts primarily in their home states where implementation of welfare reform often took top billing. State attorneys general moved into the national spotlight as a collective force influencing national concerns inside and outside of the courtroom. The U.S. Supreme Court continued its now well-established practice under Chief Justice William H. Rehnquist of questioning the limits of federal power.

B. EXPANDIONG FEDERAL POWER UNDERMINES THE INTENT OF FEDERALISM

James F. Blumstein, 1994; Professor of Law at Vanderbilt, Vanderbilt Law Review, ``Federalism and Civil Rights: Complementary and Competing Paradigms`` // EE2000 P253-4
	 In this country`s post-New Deal constitutional history, the scope of federal power has expanded dramatically, typically under expansive Supreme Court interpretations of the commerce power.
	This expansion has undermined the original assumption of the constitutional framers regarding a federal government of enumerated and delimited powers. Expansive federal power under the Commerce Clause has shifted the scope of federal power from limited to plenary.
	Initially, two types of issues were confronted when the federal government purported to exercise authority: (1) whether an appropriate source of authority existed that warranted the exercise of federal authority; and (2) whether the exercise of federal authority violated some affirmative limitation on the exercise of federal governmental power. The expansive interpretation of the reach of federal power under the Commerce Clause has meant that reliance on the lack of a constitutionally-based source of authority as a limit on federal power has not proven to be a workable means of limiting federal power. Only the existence of affirmative limitations-for example, the Bill of Rights-has restrained the scope of governmental authority. Some form of. affirmative constraint on federal authority-an institutional design akin to the Bill of Rights paradigm-is probably necessary to give substantive effect to the fundamental precepts of federalism.

C. IMPACT - FEDERALISM SOLVES FOR TYRANNY OF THE MAJORITY, PROTECTS MINORITIES, AND PREVENTS SOCIAL CONFLICT

Steven G. Calabresi, Associate Professor of Law Northwestern, December, 1995;  Michigan Law Review: ``A Government of Limited and Enumerated ``  // EE2000
	Why, then, we should ask ourselves, is federalism so incredibly popular all over the world today? Why is it that the centralized nation-state is under simultaneous assault at the end of the twentieth century from both an internationalist and a secessionist-devolutionist direction? The answers to these questions are highly complex, but two major factors are evident.
	Federalism as a Response to the Problem of Majority Tyranny. First, federalism is popular today because in a surprisingly large number of circumstances it has the potential to offer a direct cure to a central and a age-old failinG of democracy: the tendency of certain kinds of political majorities to tyrannize and abuse certain kinds of political minorities.  This problem - majority tyranny - is a problem in all democracies, but it is most acute in democracies that are very heterogeneous as a matter of their racial, ethnic, religious, linguistic, or social class background. It is the problem that concerned James Madison in the Federalist Ten,  and it is the problem that has generated support in this country and around the world for judicial review.

STATE COUNTERPLAN:

Throgh all normal and necessary means state governments, in cooperation with local governments aznd school districts, will adopt the substance of the affirmative plan. We will do it at the state level. Funding and enforcement through all normal means.

OBSERVATION ONE: COUNTERPLAN IS NOT TOPICAL
It does not use federal action, specified by the topic, but state action.

OBSERVATION TWO: COUNTERPLAN IS COMPETITIVE
The counterplan is net beneficial because it gains the affirmatrive advantage without linking to the federalism disadvantage.

OBSERVATION THREE: THE COUNTERPLAN SOLVES -- STATES DO AN EXCELLENT JOB WITH EDUCATION

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	Far from being stodgy, recalcitrant, and ignorant, the states today are bubbling labs of education reform and innovation. Information about promising programs gets around the country in a flash.

FEDERALISM - LINKS -- FEDERAL EDUCATIONAL ACTION UNDERMINES STATE POWER

WHEN THE FEDERAL GOVERNMENT GIVES MONEY, ITS CONTROL OF LOCAL SCHOOLS INCREASES

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	An increase in public influence resulting from public funding is certainly not surprising. Rather, it follows the old adage ``who pays the piper calls the tune.``

FEDERAL ROLE IN EDUCATION CAN ONLY USE DOLLARS TO INFLUENCE, NOT REQUIRE

Eleanor Dougherty, Lecturer, Georgetown University, Fall, 1998; Virginia Journal of Social Policy & the Law GETTING BEYOND POLICY: SCHOOL REFORM IN PRACTICE // acs-VT2000
	Although some industrial countries support a form of mandatory national standards, the United States has viewed the delivery of education as a matter for state and local educational authorities. n15 Federal laws, then, can only provide incentives - federal dollars - to mount an effort in states that would include the use of standards and standards-based assessments to monitor the quality of education for all students.

MUTUALLY EXCLUSIVE: FEDERAL LAW PRE-EMPTS STATE LAW, WEAKENING THE UNION

Joseph F. Zimmerman, Prof. Poli Sci SUNY Albany, 1996. Interstate Relations: The neglected Dimension of Federalism: // EE2000 p. 2
	If Congress continues to preempt occasionally the regulatory authority of the states over a long period of time, the weakening of the federal nature of the union will deprive the system of a number of its advantages, including the ability of states to respond quickly to solve a state or regional problem and to serve as laboratories of democracies engaged in experimental service delivery and regional and national problem solving programs which can be exported, if successful, to other states and Congress. Furthermore, preemption will reduce opportunities for citizens to play important participatory roles in the governance system.

FEDERAL EDUCATION POLICY CURRENTLY DOMINATES AND INTERFERES WITH STATE AND LOCAL EDUCATIONAL POLICIES

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	``Promiscuous`` is an overused word in Washington these days, but it aptly describes the trend in federal education policy - both at 1600 Pennsylvania Avenue and on Capitol Hill. The 1990s have seen the wanton transformation of innumerable education fads into new government programs. Since inauguration day, 1993, the Clinton administration alone has embraced dozens of novel education schemes, including subsidies for state academic standards, tax credits for school construction, paying for teachers to be appraised by a national standards board, hiring 100,000 new teachers to shrink class size, ensuring ``equity`` in textbooks, collecting gender-sensitive data on the pay of high-school coaches, boosting the self-esteem of rural students, establishing a Native Hawaiian Education Council, connecting every classroom to the Internet, developing before- and after-school programs, forging mentoring relationships between college students and middle schoolers, increasing the number of school drug-prevention counselors, requiring school uniforms, and fostering character education. ``Superintendent Clinton`` has also supported the Family Involvement Partnership, the America Reads Partnership, Lighthouse Partnerships (for teacher training), HOPE Scholarships, Presidential Honors Scholarships, Americorps, Voluntary National Tests, Education Opportunity Zones, and Comprehensive School Reform Grants. 

FEDERALISM BRINKS -- FEDERALISM EXISTS NOW, AND WE ARE ON THE BRINK OF RETHINKING FEDERALISM

THE STATUS OF FEDERALISM IS ON THE BRINK 

Stephen Gardbaum, Professor of Law at Northwestern, February, 1998; William and Mary Law Review: ``Reflection on City of Boerne V. Flores: The Federalism Implications of Flores`` EE2000
	The Court`s analysis, however, is flawed in a way that renders the decision`s importance and implications for federalism uncertain. The Court held that RFRA violated both separation-ofpowers and federalism principles,  but it failed to keep the two distinct,  unwittingly skipping from one to the other and often conflating them. More critically, these two grounds of the decision are in serious tension with each other and cannot both stand: The Court`s separation-of-powers argument prohibits what its federalism argument permits. This seemingly fatal problem is, however, entirely of the Court`s own making. Even though, if anything, its separation-of-powers argument was the more central of the two grounds in driving the Court`s analysis, it was, in reality, a red herring in the case.
	Accordingly, the Court`s unnecessary and irrelevant defense of judicial supremacy-and its implications for the states-may justifiably be severed from the opinion and ignored.

ALTHOUGH FEDERALISM IS IN THE STATUS QUO, THE FUTURE REMAINS UNCERTAIN

Sanford Schram and Carol Weissert, 1997, prof. Bryn Mawr and prof. Michigan State, Spring, Publius, ``The State of American Federalism``, // ee2000 pg 1-2
	As the most recent version of a ``new federalism`` moved from rhetoric to implementation, attention shifted from national policy deliberations to the responses of states. This shift was demonstrated most significantly with the ongoing efforts of states to implement welfare reform, which ended the long-standing entitlement to public assistance for families with children, putting in place instead block grants that give states unprecedented discretion for the use of federal funds for public assistance. Although this shift in power toward states is undoubtedly significant, the federal government continued to maintain much of the power it has achieved during the past sixty years. In health insurance regulation, immigration reform, criminal justice, and telecommunications reform, the federal government prescribed state actions and sometimes preempted state activities. Even in welfare reform, the federal government maintained a significant presence that renders the notion of devolution of welfare policy somewhat questionable. The newly reelected president, Bill Clinton, called for a bipartisan approach recognizing that the country needs not a strong dominant government, but one that is ``humble enough not to try to solve all our problems for us, but strong enough to give us the tools to solve the problems for ourselves.`` Whether the Congress will actually give up some of its power and what that might mean for politics in the United Sates remain uncertain.

SUPREME COURT AND CONGRESS RETHINKING FEDERALISM

John Ferejohn and Barry Weingast, Professors of Political Science at Stanford, 1997; The New Federalism: Can the States be Trusted? // EE2000
	 Although many of the new federalist initiatives originated in the 104th Republican Congress, some Democrats also believe that federalism can enhance public performance. Alice Rivlin, for example, argues that federalism provides a means of ``reviving the American ,dream.`` But although Lopez and the 1996 welfare reform legislation have attracted the most public attention, they are not isolated occurrences. Both Congress and the Supreme Court have evidenced an increasing willingness to rethink the relationship between federal and state authority and to revisit fundamental assumption about the nature of American government.

THE LOPEZ DECISION WAS CLOSE - FEDERALISM IS STILL AT RISK

Peter A. Lauricella, Albany Law Review, 1997; ``The Real `Contract With America: The Original Intent of the 10th Amendment and the Commerce Clause`` // EE2000
	Many observers believe the biggest jolt for the Tenth Amendment came in 1995 in United States v. Lopez.  For the first time in almost sixty years the Court struck down a federal law because it exceeded Congress` authority to regulate Commerce among the several States.``  In Lopez, the Court held that the Gun-Free School Zones Act  violated the Constitution because possession of handguns in a school zone did not ``substantially affect`` interstate commerce and thus was beyond Congress` authority to regulate interstate commerce.  While many proponents of federalism applauded
the decision,  it was only five to four, n20 and the ``substantial affects`` test has been a relatively easy standard to meet.  This suggests that the holding of Lopez may be limited.  What the majority opinion failed to consider is what the Founding Fathers intended by the Tenth Amendment and the Commerce Clause, in which the deepest support for a balanced federalist system lies.

FEDERALISM UNIQUENESS -- STATES WANT INCREASED POWER AND ROLE

STATE GOVE RNMENTS ARE MORE READY TO GOVERN THAN EVER

David M. Hedge, Professor Univ. of Florida. 1998; Governance & The Changing American States// EE2000 P. 79
	A review of the record to date indicates that state governments are neither as capable and representative as the new conventional wisdom of American federalism might suggest nor as dysfunctional and inept as cynics might maintain. As we have seen, there is no shortage of evidence to support (and refute) each perspective. So what can be concluded about the ability of the states to govern in the next century? Clearly, the states are better prepared to govern than they have been for a long time. Indeed, the principal conclusion that can be drawn from the states` evolution is that the performance gap between state and federal authorities that was so glaring just three decades ago has, for the most part, closed. A history of politics and policy in America in the 1970s, 1980s, and 1990s illustrates not only the limits of the federal government but the capabilities of the American states as well. As the federal government wrestles with its deficit, divided government, and the attendant conflict and stalemate those things produce, state governments must increasingly turn inward to their revitalized institutions to find novel solutions to policy problems that have eluded federal authorities. For good or bad, those trends will continue.

STATES HAVE RECENTLY TAKEN LEAD IN SOLVING POLICY PROBLEMS

David M. Hedge, Professor Univ. of Florida. 1998; Governance & The Changing American States// EE2000 P.4
	Most importantly, the states have taken the lead in addressing a wide range of policy problems, becoming what one author (Osborne 1988) refers to as ``laboratories of democracy.`` When a national education commission declared in the early 1980s that America was a ``Nation at Risk,`` for example, it was the states that adopted innovative educational reforms including curriculum changes, teacher competency requirements, aid equalization, and increased spending. In a parallel fashion, by the time Congress put the final touches on its first major attempt at developing a national AIDS policy in 1988, several of the states had already passed legislation dealing with the more controversial aspects of the AIDS crisis, including confidentiality, discrimination, and AIDS education in the public schools (Bingham and Hedge 1991). More recently, in the wake of the administration`s abortive attempt to pass national health care reform, several states, including Florida, Minnesota, Oregon, Washington, and Hawaii, have already considered, and in many cases adopted, dramatic new reforms. Similarly, even before Congress and the president agreed on the 1996 welfare bill, a majority of the states had aIready sought federal exemptions that allowed them to, among other things, set limits on welfare receipt, extend transitional services and support for families leaving welfare for work, and encourage teen welfare recipients to finish high school (see, e.g., Strawn, Dacey, and McCart 1994).

STATE ACTIONS ARE FIGHTING INCREASED FEDERAL INVOLVEMENTS

John Dinan, 1997; prof. Wake Forest University; Publius, ``State Government Influence in the National Policy Process: Lessons from the 104th Congress``, pg 129 // EE2000
	In recent years, state officials have increasingly  concluded that their interests are not adequately represented in national policymaking and have sought to increase their influence. State government organizations  have proposed constitutional amendments in order to prevent encroachments on state interests. State attorneys general have tried to persuade federal judges to invalidate federal laws that do not represent state interests. State governors and legislators, meanwhile, have sought to strengthen their position in the political process, both by securing the passage of laws that increase Congressional responsiveness and by engaging in direct lobbying. This article will survey the various strategies employed by state officials during the 104th Congress. There is a twofold purpose: (1) to determine the extent to which these institutional mechanisms succeeded during this period in advancing state interests; and (2) -to draw some general conclu sions about their long-range effectiveness.

FEDERALISM UNIQUENESS -- STATE POWER IS INCREASING NOW

THE FEDERAL GOVERNMENT IS SHRINKING AND SO IS ITS POWER OVER THE STATES

Lawerence Siskind, 1997; Attorney & Presidential Appointee. Fulton County Daily Report, Oct 23, Talkin` About a Devolution // EE2000
	More recently, the 104th Congress came to Washington determined to close or consolidate government agencies and programs. It proposed terminating four Cabinet-level departments (Commerce, Energy, Education and Housing and Urban Development) and dozens of major independent programs (such as the National Endowment for the Arts and the Appalachian Regional Commission).
	While all of the Cabinet departments survived largely intact, more than 250 other programs, offices, divisions and independent agencies have been eliminated. Congress also passed an *unfunded mandates`` bill, making it far more difficult for Washington to impose requirements on state and local governments and stick them with the costs of congressional good intentions.

THE POWER SHIFT TO THE STATES WILL CONTINUE

Lawerence Siskind, 1997; Attorney & Presidential Appointee. Fulton County Daily Report, Oct 23, Talkin` About a Devolution // EE2000
	With this wide array of factors at work, devolution is likely to continue and intensify. The Supreme Court, if the recent spate of pro-state decisions is any indication, could serve as a part of the movement. But whether it does or not, the power shifting will continue. Propelled by shifts in money, manpower and public confidence, devolution will reshape the topography of American government for years to come. 

STATES HAVE SOME FLEXIBILITY NOW

Sanford Schram and Carol Weissert, 1997, prof. Bryn Mawr and prof. Michigan State, Spring, Publius, ``The State of American Federalism``, // ee2000 (pg 5)
	Perhaps more significantly, states are also given flexibility to segregate state funds for TANF and the families that receive state-only support. With the option to establish a segregated state-only funded TANF program, states could move some recipients out of ``welfare as we still know it`` into an alternative welfare program, such as one that combines welfare and child-support enforcement and where welfare benefits are a supplement to families receiving low levels of child support. The idea of segregating state-only TANF funds will undoubtedly be explored further by states over time, and it may be the feature that makes welfare reform a genuine part of the devolution revolution.``

STATUS QUO MOVING TOWARDS INCREASED STATE POWER

Pace Jefferson McConkie, National Litigation Project, 1996: Brigham Young University Law Review, ``Symposium: The Dilemma of American`` // EE2000
	Federalism has been the center of our democracy`s great debate since its inception. The founders of this country were divided on the issue and its governing principles, with some advocating   protection from tyranny by way of a strong central government while others saw protection in the division of power among state and local governments and the central government.  In our day, the debate continues with equal fervor, especially in light of a Republican congressional majority moving with great haste to shift the balance of power from the federal government to the states in many critical areas of public policy and administration and in the face of a federal judiciary increasingly anxious to relinquish its jurisdiction over local public entities such as school districts.  

CURRENT TREND IS AWAY FROM AN ACTIVE FEDERAL GOVERNMENT

Sanford Schram and Carol Weissert, 1997, prof. Bryn Mawr and prof. Michigan State, Spring, Publius, ``The State of American Federalism``, // ee2000 (pg 30-31)
	The devolution revolution and balanced budget politics in the United States Are closely entwined and are part of a larger political shift over the last two decades away from welfare-state liberalism and an active federal government. Yet, as both devolution and budget-balancing efforts get closer to realizing their goals, concerns emerge about how budget reductions will affect the ability of states to carry out existing responsibilities. Like its predecessor from the 104th Congress, the vote for a balanced budget amend. ment to the U.S. Constitution fell short in the 105th Congress. However, some analysts and policymakers are concerned that the alternative budgetbalancing plan that was adopted in the spring of 1997 could significantly damage state and local fiscal stability.

FEDERALISM UNIQNESS -- COURTS ARE PROTECTING STATE POWER NOW

BY PLACING A HIGH PRIORITY ON FEDERALISM, THE COURT HAS BECOME THE PROTECTOR OF THE DIVIDE BETWEEN FEDERAL AND STATE RIGHTS

Charles Wise, Professor of Public Affairs, 1998; the Public
Administration Review, ``Judicial Federalism`` March/April, Pg. // EE2000 97-98

	Secondly, notable in several of these cases is the fact that the Court did not just address its previous precedents, but went back to ``firs( principles`` and took pains to lay out a philosophy of federalism that serves to indicate how fundamental an issue the majority in these cases considers the principles of federalism. Equating the Tenth Amendment with the First Amendment, and the division of national and state power with the separation of powers between the branches in national government signals that the majority does not consider these transitory Matters, and that it places a high priority on federalism. In doing so, the Court seems to be also reasserting its position as the protector of federalism and as the arbiter of the division of power between national and state governments.

THE COURT HAS TAKEN PAINS TO LAY OUT AND PROTECT LIMITS ON FEDERAL POWER OVER THE STATES

Charles Wise, Professor of Public Affairs, 1998; the Public
Administration Review, ``Judicial Federalism`` March/April, Pg. // EE2000 Pg. 97
	Some features of the above reviewed cases. taken as a whole, imply broad significance for the resurgence of federalism on the part of the Supreme Court. First, it should be noted that these are not narrow fact-bound decisions nor ones with  dents of limited applicability. No directed solely at specialized or segmented areas of statutory law. Instead, they are directed at what have served as some of the foundation stones of tile expansion of national power.

THE COURT HAS PROTECTED FEDERALISM IN THE STATUS QUO

Katherine Murphy, April, 1998; North Carolina Law Review: ``City of Boerne v. Flores: Another Boost for Federalism`` // EE2000
	The case law prior to Flores suggested that neither separation of powers concerns nor federalism concerns placed substantial limits on Congress`s enforcement power.  The Flores Court took the opportunity to revisit the federalism concerns raised by the dissenters  in the VRA cases.  Although the Court hinted at separation of powers problems with RFRA, the opinion in Flores suggests that the Court viewed RFRA as posing at least as great a threat to federalism. Indeed, the Court appeared to be more concerned with the balance of power between the federal government and the states than with the balance of power between Congress and the courts. 

THE COURT HAS A HIGHER REVIEW STANDARD FOR CONGRESS`S ENFORCEMENT POWERS

Katherine Murphy, April, 1998; North Carolina Law Review: ``City of Boerne v. Flores: Another Boost for Federalism`` // EE2000
	As it did in the Commerce Clause  area in Lopez, the Court appears to have corrected an imbalance by tightening the standard of review of Congress`s use of its enforcement powers. In his essay discussing the implications of Lopez, Julian Epstein noted the conventional view that, prior to Lopez, the Court had been using a ``diminished rational basis review`` for Congress`s use of its Commerce Clause power.  The test in Lopez, however, requires in part that the regulated activity ``substantially affects`` commerce, suggesting a ``strengthened rational basis review.``  Epstein suggested that Lopez has ``ratchet[ed] up the rational basis scrutiny.``  Other academic commentators have agreed with Epstein`s assessment of the strengthening of the test. 

THE COURT WILL ENSURE THAT A BALANCE OF POWER IS MAINTAINED 

Katherine Murphy, April, 1998; North Carolina Law Review: ``City of Boerne v. Flores: Another Boost for Federalism`` // EE2000
	Perhaps the concern for federalism that the Court demonstrated in Flores should not be surprising, given the heightened sensitivity the Court recently has shown towards federalism principles in cases involving the commerce clause.
	 Indeed, in United States v. Lopez Justice Kennedy wrote that ``uncertainty respecting the existence, and the content, of standards that allow the judiciary to play a significant role in maintaining the design contemplated by the Framers`` is most evident in the area of federalism.  He noted that although the Court has had a difficult task, it has been able to develop well-accepted standards regarding the separation of powers, checks and balances, and judicial review.  However, justice Kennedy pointed out that the Court`s ``role in preserving the federal balance seems more tenuous.``  He argued that the Court must assume a role in preserving the federal balance:  ``[The federal balance is too essential a part of our constitutional structure and plays too vital a role in securing freedom for us to admit inability to intervene when one or the other level of Government has tipped the scales too far.``  

FEDERALISM EXTENSION -- STATE POWER IS NECESSARY TO CHECK FEDERAL POWER

STATE POWERS NECESSARY TO CHECK FEDERAL GOVERNMENT

Samuel H.  Beer, Prof at Harvard, 1993; To Make a Nation: The Rediscovery of American Federalism // EE2000 p. 387
	The argument which was foremost in the minds of the framers and which still holds greatest promise as a rationale for states is the argument from liberty. That was the reasoning of the Commonwealthmen, Harrington, Milton, and the Levellers, in their anticipations of national federalism. The protection of liberty was also the ground of Montesquieu`s defense of the kind of federalism embodied in his confederate model. Contrary to the thinking of the Commonwealthmen and the American nationalists, however, the main danger to popular government, according to Montesquieu, came from the central authority of a wide jurisdiction. Conversely, the principle safeguard was the peripheral governments.

CHECK OF POWER IS KEY TO PROTECT STATES

Shawn Tuma, Spring 1998; Regent University Law Review // EE2000
	The drafting of the Constitution ``was an act of organization and of government with which ... no other in the history of mankind is comparable.``  The doctrine of federalism contributed to the greatness of the Constitution  by providing a structure to allow each of the governments to offset the power of the other. This limitation on government is an essential protection against the abuse of power.  The dissent did not accept this. Its suggestion, that in times of crisis the Court should give deference to Congressional decisions with respect to federalism,  is contrary to the very purpose of the doctrine. Allowing Congress to exercise discretion over whether it will respect a limitation on itself makes about as much sense as the Queen of Hearts calling for the execution of the Knave before the jury returned its verdict it is an exercise in futility.  

INCREASED STATE POWER EQUALS INCREASED FREEDOMS

Barry Goldwater Former US Senator,  1960; The Conscience of a Conservative // EE2000
	Nothing could so far advance the cause of freedom as for state officials throughout the land to assert their rightful claims to lost state power; and for the federal government to withdraw promptly and totally from every jurisdiction which the Constitution reserved to the states. 

STATES CHECK THE ABUSE OF POWER BY FEDERAL GOVERNMENT.

Akhil Reed Amar, professor of law at Yale, 1994: Vanderbilt Law Review,``Five Views of Federalism`` // EE2000
	These observations lead to the central insight of the political market perspective. federalism structures competition between governments. At one level, states compete against the national government. States operate as ``an effective `counterpoise` to,`` and a ``salutary check on,`` federal power. As Justice O`Connor suggests, there is a useful analogy here between separation of powers and federalism-the two great structural principles of the Constitution. By dividing national power among three separate and equal branches, the Constitution sets up competing political institutions whose political jealousy serves to diffuse power and prevent ``[t]he accumulation of all powers . . . in the same hands, which is the very definition of tyranny.`` A similar dynamic of political jealousy operates in the structure of federalism. The very existence of states counters the perhaps otherwise irresistible gravitation of all power toward Washington, D.C. The classic formulation of the point, of course, is James Madison`s Federalist No. 51:
	But the great security against a gradual concentration of the several powers in the same department consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others.... Ambition must be made to counteract ambition.... [You] must first enable the government to control Me governed; and in the next place oblige it to control itself...
	This policy of supplying, by opposite and rival interests, the defect of better motives, might be traced through the whole system of human affairs, private as well as public.... [T]he constant aim is to divide and arrange the several offices in such a manner as that each may be a check on the other-that the private interest of every individual may be a sentinel over the public rights....
	 In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled itself.

POWERS GIVEN TO THE STATES CAN NOT BE CONFERRED TO
THE CONGRESS

Jay S., Bybee, prof. of Law at Louisiana State, 1997;  November, The George Washington Law Review, ``Insuring Domestic Tranquillity`` // EE2000 pg 9
	Because the enumerated powers doctrine applies only to the federal government, the Court`s ``mirror images`` analogy does not work. It is not true that if a power is delegated to Congress, the states ``disclaim any reservation of that power.`` The statement is true only if the power one is concerned with is an exclusive power; the Constitution is replete with powers granted to Congress that are exercised concurrently with the states. Similarly, reserved powers also may be concurrent powers, so that a power might be reserved to the states through the Tenth Amendment and still have been conferred upon Congress. Only if a power has been reserved exclusively to the states can one say that the  constitution does not confer such power on Congress.

FEDERALISM IMPACTS -- FEDERALISM PROTECTS MINORITIES

FEDERALISM PREVENTS TYRANNY BY ALLOWING MINORITY VIEWPOINTS TO BE VOICED 

Steven G. Calabresi, Associate Professor of Law Northwestern, December, 1995;  Michigan Law Review: ``A Government of Limited and Enumerated ``  // EE2000
	The United States, then, like Switzerland, provides a textbook example of how federalism under some circumstances can help alleviate the problem of majority tyranny - the key problem that is raised by the democratic revolution of the past 200 years. What then of separation of powers or cabinet power sharing proportional representation? Are not these constitutional mechanisms for dealing with social and political heterogeneity just as good at alleviating the problem of majority tyranny? The answer to this question, I think, is no. All three mechanisms work by exposing and making visible the most dangerous social fault lines and then giving each social group something close to a veto over governmental decisionmaking. This tends to produce weak, if not paralyzed, coalition governments and societies that are acutely, if not bitterly, aware of their social divisions. 
	Frankly, people are happier, in my view, when their governmental structure provides some outlets for their minority viewpoints but does so in a way that blurs over and deemphasizes the fault lines as much as possible. Sometimes that blurring over is best accomplished by governmental structures and policies that accentuate crosscutting fault lines over the ones that are more socially dangerous. American federalism blurs over regional fault lines, racial fault lines, and religious and cultural fault lines, just as Swiss federalism blurs over linguistic fault lines, ethnic fault lines, and religious fault lines. 

FEDERALISM PROTECTS GROUP POLITICAL INTERESTS 

James F. Blumstein, 1994; Professor of Law at Vanderbilt, Vanderbilt Law Review, ``Federalism and Civil Rights: Complementary and Competing Paradigms`` // EE2000 p. 1261
	Federalism recognizes and gives succor to different views and different values that characterize geographically-defined groups. It shields from unconstrained majoritarianism, but its technique is political and group -focused -- oftentimes single-group focused. Civil rights principles are similarly aimed at guarding against rampant majoritarianism, but the technique of protection is legal and universalistic in character and individual-rights focused--embracing a pluralistic vision.
	Federalism protects group political interests of majoritarian control. Under federalism, local political majorities and their priorities prevail even when on a national scale the locally empowered group would be outvoted. This suggests that the local polity or political entity may choose a different balance between majoritarian interests on the one hand and individual rights on the other. For example, a state might choose to require its judges to retire at a certain age despite general federal anti- age-discrimination legislation that would strike a different balance between the values of nondiscrimination based on age and the desirability of mandatory retirement.
	Thus, the group rights model of federalism can bump into an individual rights model. Local autonomy can lead to group oppression of insular political minorities within the local territorial area. Local passions and prejudices can result in the denial of liberty through the empowerment and hegemony of geographically-based regional factions. This highlights the tension that arises when a national government delegates majoritarian control to a decentralized constituency, and that localized delegated power is exercised in a way that cuts against the political culture of the national majority. The national constituency has a strong claim for taking measures aimed at preserving bona fide national economic interests. As part of the federalism deal that provides for political power delegation, the national government also has a strong interest in restricting discrimination on the basis of race, religion, and gender within a state. 

ON BALANCE, FEDERALISM IS THE BEST METHOD OF INCREASING MINORITY PROTECTION

Steven G. Calabresi, Associate Professor of Law Northwestern, December, 1995;  Michigan Law Review: ``A Government of Limited and Enumerated ``  // EE2000
	Federalism clearly is not the only constitutional mechanism for dealing with majority tyranny in a socially heterogeneous polity. Other mechanisms for dealing with this problem include: judicial review, separation of powers with checks and balances, proportional representation, the creation of collegial cabinet-style executives, and the complex interlocking web of practices that Arend Lijphart calls ``cons oci ati onal democracy.``  But federalism is a uniquely successful constitutional device for dealing with many of the most heartfelt and divisive problems of social heterogeneity.

FEDERALISM INCREASES MINORITY GROUP PROTECTIONS 

Steven G. Calabresi, Associate Professor of Law Northwestern, December, 1995;  Michigan Law Review: ``A Government of Limited and Enumerated ``  // EE2000
	No one thinks the Bosnian Serbs, the Basques, or the Quebecois ever could be appeased and satisfied by firmer guarantees of judicial review, separation of powers, proportional representation, or cabinet power sharing. Those solutions - while they might help somewhat at the margins - really do not get at the heart of their distinctive grievances. The problem that agitates the Bosnian Serbs, the Basques, or the Quebecois is that, in important ways and as to questions that are fundamental to their identity, they do not believe that they should be part of the same demos as their fellow countrymen. At the same time, as to other economic and foreign policy issues, they may be perfectly happy to remain within a larger entity so long as their social autonomy is guaranteed in iron-clad ways. Federalism addresses these needs in a way that no other constitutional power-sharing mechanism can hope to do.

FEDERALISM IMPACTS -- FEDERALISM PREVENTS GOVERNMENT TYRANNY

FEDERALISM IS IMPORTANT FOR LIBERTY AND WELL BEING

Melvin R. Farsoni, Summer 1998; Arizona State Law Journal, ``Printz v. Unites States: Federalism Revisited`` // EE2000
	Given the Tenth Amendment and the many Federalist writings advancing the ideas of federalism and state sovereignty, it seems incumbent upon us to, if at all possible, attempt to incorporate and advance these ideals.  In fact, one scholar argues that ``federalism is much more important to the liberty and well being of the American people than any Other structural feature of our constitutional system.,`  Therefore, the idea Of complete deference must be thrown out. Similarly, balancing and historic definitions have their own obvious defects.

FEDERALISM IS NECESSARY TO PROMOTE INDIVIDUAL LIBERTY

Peter A. Lauricella, Albany Law Review, 1997; ``The Real `Contract With America: The Original Intent of the 10th Amendment and the Commerce Clause`` // EE2000
	An explanation of the essence and importance of federalism is essential before one can understand the importance of the ``original intent`` doctrine to federalism`s future. Federalism, in its most basic sense, is the interrelationship between a federal or central government and several state governments.  In the American  scheme of government, however, it means something more. Federalism preserves what people believe the adoption of the Constitution accomplished: a strong national government governing several enumerated areas, and strong state and local governments governing most other aspects of life, because the states are closer to the people. n30 Also, federalism has the important aspect of protecting individual liberty. For example, because the geographical area of a state is smaller than that of the federal government, people who find certain state policies and regulations burdensome could ``vote with their feet,`` and move to a different state.  When a policy or regulation becomes national and uniform, the ability to escape it is severely weakened. 

FEDERALISM SOLVES TYRANNY DESPITE OTHER CLAIMS

Steven G. Calabresi, Associate Professor of Law Northwestern, December, 1995;  Michigan Law Review: ``A Government of Limited and Enumerated ``  // EE2000
	Rubin and Feely`s argument is wrong, however, more fundamentally because it also totally overlooks the value of the states in helping citizens resolve the serious collective action problems that must be overcome to halt national usurpation. Admittedly, the state militias pose much less of a check on the U.S. Army than they did in 1787 or 1861, but, nonetheless, the tremendous constitutionally protected dispersion of political. law enforcement, and military resources in this country does check national power. Movements for social change and even U.S. presidential campaigns usually commence from some regional or state base and then spread across the country. This phenomenon should not surprise us. The constitutionally indestructible states do play a useful role in lowering the costs of organizing to fight for change or to resist tyranny.  Federalism is about more than constitutionally mandated decentralization, as important as it is that decentralization be mandated constitutionally and not merely an act of grace from our national overlords in Washington. Federalism is also about the fear of concentrated national power and the grave abuses of individual and minority rights to which that power can be put. This is why the advocates of federalism, ancient and modem, always have defended it as preserving liberty and protecting against tyranny. The advocates of federalism are right, and Rubin and Feely are wrong. 

FEDERALISM STOPS TYRANNY AND PROMOTES DEMOCRATIC FORMS OF SOCIAL COOPERATION

Steven G. Calabresi, Associate Professor of Law Northwestern, December, 1995;  Michigan Law Review: ``A Government of Limited and Enumerated ``  // EE2000
	Obviously there are some very big ``ifs`` here that cannot always be satisfied. But, in a very important and growing category of cases, voters are discovering that they can solve the problem of majority tyranny simply by redrawing the jurisdictional lines of government. This redrawing can take two forms. Sometimes expanding the size of the polity is enough to make a formerly tyrannical majority only one of many minorities in the new, more ``international`` federal jurisdiction. This solution is the familiar ``pluralist`` solution of Federalist Ten.  Other times, the redrawing involves a devolution of national power over a certain set of emotionally charged and sensitive  issues down to a regional or local federalist entity. This solution is the one employed by Spain with Catalonia and the Basque Country and by Canada with Quebec. Both kinds of jurisdictional line redrawing are related closely because they are both attempts to deal with the threat of majority tyranny in a socially heterogeneous democracy. Both address the problem that raw democracy is nothing more than rule by a majority of the demos,  and the definition of what constitutes the demos may be inherently arbitrary. Thus, it turns out that for people in many federations all over the world, the relevant demos may differ depending on what issue is being addressed. For residents of Quebec, for example, the relevant demos for language issues may be their provincial government, the relevant demos for deciding trade issues may include all of Canada or all of NAFTA and the relevant
how to respond to an intercontinental nuclear attack may include all of NATO.
	It is thus unsurprising that Jefferson and Madison`s democratic revolution has  brought in its wake a federalism revolution. Federalism tempers the excesses of democracy whereas  nationalism aggravates them. Federalism forces us always to ask why is a majority of this demos relevant for  deciding this issue. Federalism, thus allows democratic social cooperation in many circumstances in which nationalism does not. 

FEDERALISM -- DEVOLUTION BAD

ON BALANCE DEVOLUTION WILL NOT SOLVE SOCIAL PROBLEMS

DONAHUE 1997, Associate Professor Government at Harvard University, Disunited United States pg 60-61// EE2000
	But on balance, deevolution will prove to be a detour, a disappointment, or a misstep toward engaging these fundamental problems.

DEVOLUTION LEADS TO NON-UNIFORMITY IN THE SOLVING OF PROBLEMS

Joseph F. Zimmerman, Prof. Poli Sci SUNY Albany, 1996. Interstate Relations: The neglected Dimension of Federalism: // EE2000
	Congressional action to solve interstate problems will tend to be of the nature of continual tinkering rather than comprehensive reform of interstate relations. `Me failure of Congress to lead in this area is even more alarming in view of the current drive in Congress to devolve to states more powers which have the potential for creating additional nonuniformity problems. States. for example, currently are raising barriers to the migration of welfare recipients.

FEDERALISM -- STATES SOLVE -- STATE BASED BLOCK GRANT PROGRAM SOLVES

IT WOULD BE BETTER TO JUST GIVE THE MONEY FOR THE STATES TO USE AS THEY WISH

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	Instead of myriad categorical programs, each with its own regulations and incentives to prod or tempt sluggish states and cities into doing right by children, what about trusting the states (or localities) with the money? Do federal officials really know better than governors and mayors what the top education reform priorities of Utica or Houston or Baltimore should be? The block-grant strategy rests on the belief that, while states and communities may crave financial help from Washington to solve their education problems, they don`t need to be told what to do. 

BLOCK GRANTS CAN PROVIDE DIRECT TRANSFER OF FUNDS TO STATES AND LOCALS

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	Block grants can be fashioned without cutting aid dollars at all. (Indeed, by reducing the overhead and transaction costs of dozens of separate, fussy programs, they should enable more of the available resources to go directly to the children.) Block grants amalgamate the funding of several programs and hand it to states or communities in lump sums that can be spent on a wide range of locally determined needs. In so doing, they dissolve meddlesome categorical programs into pools of money. 

BLOCK GRANTS COULD EFFECTIVELY ELIMINATE CURRENT BAD FEDERAL PROGRAMS

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	Block grants also rid the nation of harmful programs, which get dissolved in the same pools. Do federal taxpayers really need to be funding the development of TV shows for kids? How about the sustenance of ``model`` gender-equity programs? Are ``regional education laboratories`` still needed to disseminate reform ideas in the age of the Internet? 

IF CURRENT PROGRAMS WERE PUT INTO BLOCK GRANTS THEY WOULD BE HUGE

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	Block grants come in every imaginable size and shape. If all the programs in E.S.E.A. were combined into one, at 1999 appropriation levels, the average state would receive $ 220 million per annum to use as it saw fit. Earlier this year, the Senate passed a somewhat smaller block grant designed by Washington state`s Slade Gorton, which assembled some 21 categorical programs into a block grant totaling $ 10.3 billion. (Facing a Clinton veto threat, it was later deleted by Senate-House conferees.) 

FEDERALISM -- STATES SOLVE BEST FOR EDUCATION

STATES ARE EFFECTIVE IDEA LABORATORIES FOR REFORM, AND NEW IDEAS SPREAD QUICKLY

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	Far from being stodgy, recalcitrant, and ignorant, the states today are bubbling labs of education reform and innovation. Information about promising programs gets around the country in a flash. A few years ago, no states produced school-by-school ``report cards``; now at least a dozen do. Five years ago, only eight states had charter-school laws. Today, 33 have enacted them. This copycat behavior can be seen even at the municipal level. Chicago`s successful accountability plan - ending social promotion and requiring summer school for those who failed - is being mimicked by dozens of communities, just as Chicago`s dramatic new school-governance scheme (with the mayor in charge) is being adapted for use in other communities. Yet the tendency in Washington is still to nationalize problems and programs that states and communities are capable of tackling. 

SEPARATE STATE STANDARDS ARE A BETTER IDEA BECAUSE THEY AVOID THE COMPROMISES INHERENT IN NATIONAL STANDARDS WHICH MIGHT RENDER THEM USELESS

Richard J Murnane & Frank Levy, Federal Reserve Bank of New York Economic Policy Review , March, 1998; Pg. 117 HEADLINE: Standards, Information, and the demand for student achievement // acs-VT2000
	A political argument in favor of state standards can also be made. In much of the country, states` rights and local control are highly valued, and there is considerable opposition to national standards of student achievement. Negotiations to reach agreement on a set of national standards and assessments might succeed only through a process of compromise that made the standards more like those appropriate for obtaining a job at Sports Plus than at Honda of America. This would be an enormous disservice to America`s children. The evidence is not yet in on the question of whether it is possible to reach agreement on a set of national standards and assessments, but compromising on quality to achieve consensus is ill advised. 

FEDERAL FUNDING COMES WITH FEDERAL REQUIREMENTS AND ENTANGLEMENTS

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	One thing we have learned over the years is that regulatory entanglements follow federal funding. New programs bring unaccustomed mandates, fresh conditions, and additional rules. We`ll wake up one day to learn that the new after-school centers must be accredited or staffed by certified teachers (or unionized teachers); that they can be sponsored only by secular organizations; that their buildings must be built or rehabilitated by workers paid the ``prevailing`` union wage; that they will have to teach ``diversity`` and ``conflict resolution,`` or environmentalism, or esteem-building via ``cooperative learning.`` 

DECREASING CLASS SIZE SHOULD BE A LOCAL ISSUE

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	When, for example, did class size become a federal issue? It`s states and communities that hire and pay teachers. It`s states and communities that make the trade-offs, deciding, for example, whether they would prefer a large number of inexperienced, low-cost teachers or a smaller number of pricey veterans. Long before Clinton (and, for the Republicans, Congressman Bill Paxon) decided that smaller classes are better, several states were headed this way on their own.

FEDERALISM -- STATES HAVE RESOURCES TO SOLVE PROBLEMS

STATES HAVE THE MONEY TO DO WHATEVER THEY WANT

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	Are there compelling benefits that outweigh these costs? We have not spotted any. The only real asset Washington has to offer to education is money. But, at present, the states have more of that than they need. Their combined surplus was estimated by the National Conference of State Legislatures at $ 28.3 billion for FY 1997. With so many dollars floating around, why burden worthy programs with Washington-style red tape? States, philanthropies, and local communities could easily create after-school havens for kids and recruit tutors for those who need help. Why must the Department of Education grow a ``bureau of community learning centers`` to manage this process? 

STATES NOW HAVE MORE MONEY THAN THE FEDERAL GOVERNMENT FOR SPENDING

Lawerence Siskind, 1997; Attorney & Presidential Appointee.
Fulton County Daily Report, Oct 23, Talkin` About a Devolution
// EE2000
	Why has devolution graduated from mere fashion to fact? A constellation of trends seems responsible. The first is money. Governments need money to perform proactively, and over the years the states have been accumulating more of it and the federal government less. Excluding trust funds, such as Social Security, and transfers between levels of government, in 1960 the state and local governments` general revenues from their own sources were only half the revenues of the federal government. But by 1993, the state and local governments were raising 95 cents for every dollar Washington collected. Fiscal experts in governmental affairs believe that at some point in the past three years, the lines crossed. For the first time in the modern era, state and local governments had more money to spend than Washington.
	In fact, the states are flush. They are enjoying a combined budget surplus of about $90 billion. Interestingly, this surplus nearly equals the federal government`s deficit, meaning that, collectively speaking, America`s governments are now at or close to a balanced budget.

STATES HAVE MORE DISPOSABLE INCOME, MORE RESOURCES, AND MORE PUBLIC CONFIDENCE FOR ENFORCING LEGISLATION

Lawerence Siskind, 1997; Attorney & Presidential Appointee.
Fulton County Daily Report, Oct 23, Talkin` About a Devolution
// EE2000
	But the number of dollars is only part of the story. Even more significant is what can be done with the dollars. Most of Washington`s dollars are linked to debt-service or entitlement programs. Congress has little or no say over how they are spent. The federal government, in other words, has little room for innovative maneuvering. State dollars, on the other hand, are almost entirely free from such restrictions. State legislators can spend them as they like.
	A second trend is manpower. In 1960, there were 6.4 million state and local employees and 2.4 million on the federal payroll. In 1993, the last year for which complete figures are available, state and local bureaucracies had more than doubled to 15.6 million. Meanwhile, the federal payroll has fallen by a fifth to below 2 million--and is still headed downward. The greater number of state jobs means that innovators will be heading there, instead of Washington, to try to sell their ideas.
	A third factor is public confidence. The people don`t trust Washington. That distrust is growing, fueled, ironically, by Washington itself. The Senate campaign finance hearings seem to be sending one consistent message: Everything in Washington is up for sale. Annual Gallup Polls ask people whom they want solving their problems. Twenty-five years ago, 75 percent said they wanted the federal government. Now it`s less than 25 percent.

FEDERALISM -- STATES SOLVE BETTER THAN FEDERAL (GENERAL)

STATE ENFORCEMENT OF REGULATIONS IS LESS COERCIVE; INCREASES SENSE OF COMMUNITY

Steven G. Calabresi, Associate Professor of Law Northwestern, December, 1995;  Michigan Law Review: ``A Government of Limited and Enumerated ``  // EE2000
	Conversely, state governments also may find that they are able to enforce criminal laws and regulations of social mores less coercively than the national government because of the lower costs and greater ease of monitoring citizen behavior in a smaller jurisdiction.  Indeed, ideally small jurisdictional size will lead to less populous state legislative districts, thus producing a greater congruence between the mores of the legislators and of the people than can exist in a continental sized national republic that necessarily must have enormously large legislative districts and other units of representation.

STATE GOVERNMENT IS THE BEST LEVEL OF GOVERNMENT FOR POLICIES

David M. Hedge, Professor Univ. of Florida. 1998; Governance & The Changing American States// EE2000 p. 173-4
	Changes on the supply side of state government have also had a positive impact on statehouse democracy. Although the changing character of .the states` governors speaks more directly to policy responsibility reforms that reduce executive branch fragmentation and give America`s governors more control over the executive branch provide citizens with more of an opportunity to hold governors accountable for their and the executive branch`s action. And, as gubernatorial races become more candidate-centered, voters will have even more opportunity to do so. A number of changes within legislatures have contributed to the quality of representation as well. most important perhaps is the increase in the number of women and minorities that serve as lawmakers. In addition, as power within legislatures becomes more widely distributed, the ability of various interests to have a place at the legislature`s ``table`` is increased. Moreover, greater legislative professionalism often makes it easier for leg. islators to resist the blandishments of lobbyists and the organized interests they represent. More professional legislators are also better able (and often more willing) to attend-to the concerns and interests of their constituents.

THE STATES HAVE BEEN SWIFT AND SUCCESSFUL WHERE THE FEDERAL GOVERNMENT HAS STALLED AND FALTERED

Lawerence Siskind, 1997; Attorney & Presidential Appointee. Fulton County Daily Report, Oct 23, Talkin` About a Devolution // EE2000
	And devolution has not been just a matter of Washington giving away - and the states accepting. The states have been busily grabbing. For example, the federal government may have begun the war on tobacco, but the states, in the form of suits by 40 attorneys general, have brought it to a climax.
	The field of education also illustrates the power shift. In his State of the Union address in January, the president called for national academic standards for public schools. Ten days later, in his State of the State address, Gov. Pete Wilson of California called for state academic standards. But the governor went beyond rhetoric. He called for reading and writing and math standards actually to be in place by the start of the new school year in September. Clinton`s speech led to little more than a few op-ed pieces in the national press. Wilson`s speech led to immediate action. Within days of his speech, the California Commission for the Establishment of Academic Content and Performance Standards had set up a timetable to meet the governor`s directive. On Sept. 16, right on schedule, the commission formally approved new reading and writing and math standards.

STATES SOLVE

W.B. Allen and Gordon Floyd, 1985; The Essential Antifederalist // EE2000 Pg 81
	There are three different forms of free government under which the United States may exist as one nation; and now is, perhaps, the time to determine to which we will direct our views. 1. Distinct republics connected under a federal head. In this case the respective state governments must be the principal guardians of the people`s rights, and exclusively regulate their internal police; in them must rest the balance of government. The congress of the states, or federal head, must consist of delegates amenable to, and removable by the respective states. This congress must have general directing powers, powers to require men and monies of the states, to make treaties, peace and war, to direct the operations of armies, etc. Under this federal modification of government, the powers of congress would be rather advisory or recommendatory than coercive. 2. We may do away the several state governments, and form or consolidate all the states into one entire government, with one executive, one judiciary, and one legislature, consisting of senators and representatives collected from all parts of the union. In this case there would be a complete consolidation of the states. 3. We may consolidate the states as to certain national objects, and leave them severally distinct independent republics, as to internal Police generally. Let the general government consist of an executive, a judiciary, and balanced legislature, and its powers extend exclusively to all foreign concerns, causes arising on the seas, to commerce, imports, armies, navies, Indian affairs, peace and war, and to a few internal concerns of the community; to the coin, post offices, weights and measures, a general plan for the militia, to naturalization, and, perhaps to bankruptcies, leaving the internal police of the community, in other respects, exclusively to the state governments. As the administration of justice in all causes arising internally, the laying and collecting of internal taxes, and the forming of the militia according to a general plan prescribed. In this case there would be a complete consolidation, quoad certain objects only.

FEDERALISM -- INTERNATIONAL MODELING LINKS -- OTHER NATIONS MODEL US FEDERAL SYSTEM

MODELING   ---MANY NATIONS MODEL THE US FEDERAL SYSTEM

Steven G. Calabresi, Associate Professor of Law Northwestern, December, 1995;  Michigan Law Review: ``A Government of Limited and Enumerated ``  // EE2000
	At the same time, U.S.-style constitutional federalism has become the order of the day in an  extraordinarily large number of  very important countries, some of which once might have been thought of as pure nation-states. Thus, the Federal Republic of Germany, the Republic of Austria, the Russian  Federation, Spain, India, and Nigeria all have decentralized power by adopting constitutions that are significantly  more federalist than the ones they replaced.  Many other nations that had been influenced long ago by American federalism have chosen to retain and formalize their federal structures. Thus, the federalist constitutions of Australia, Canada, Brazil, Argentina, and Mexico, for example, all are basically alive  and well today!

FEDERALISM IS MOST IMPORTANT TO THE LIBERTY AND WELL BEING OF THE AMERICAN PEOPLE AS WELL AS THOSE AROUND THE WORLD

Steven G. Calabresi, Associate Professor of Law Northwestern, December, 1995;  Michigan Law Review: ``A Government of Limited and Enumerated ``  // EE2000
	World-wide interest in federal ism is. greater today than it ever has been before at any other time in  human history. In section A, below, I discuss at some length why this is the case and what lessons the global federalism revolution might hold for the United States. I conclude that federalism is the wave of the future, that nationalism and the centralized nation-state have been discredited for good reason.s, and that these reasons strongly suggest that the United States should retain and strengthen its federal structure.

FEDERALISM -- INTERNATIONAL MODELING IMPACTS -- PREVENTS CONFLICTS

US FEDERAL SYSTEM IS MODELED FOR THE WORLD; IT PREVENTS COLD-WAR, SECESSION, VIOLENCE AND GENOCIDE

Steven G. Calabresi, Associate Professor of Law Northwestern, December, 1995;  Michigan Law Review: ``A Government of Limited and Enumerated ``  // EE2000
	Our Bill of Rights and system of judicial review have attracted more interest from ``Purchasers`` in the global marketplace for public law and governmental institutions. Moreover, many in this country have defended the desirability of those institutional structures in analytically rigorous ways. The problem here is that it is obvious that Bills of Rights and judicial review will go only so far in solving the serious problems of social heterogeneity - the ones that lead to civil war, secession, violence, and even genocide. As to these heavy-duty problems of social conflict, the fact is that territorial  federalism or confederalism provides the best hope. Judicial review cannot prevent more Bosnias or Northern Irelands; the creation of national and transnational federal entities can. A brief. glance at the record of modem history and at current events suggests that federalism is incomparably more important than judicial review, the Bill of Rights, or the separation of powers, as important as those things may be, and I think they are very important. 
	The federal character of the American Constitution is thus by far its most important structural feature. The only difficult question is how to make sure that it is enforced vigorously and properly. 

IMPACT: US FEDERALISM IS A MODEL FOR THE WORLD -- IT PREVENTS WAR, VIOLENCE, AND PRESERVES FREEDOM.

Steven G. Calabresi, Associate Professor of Law Northwestern, December, 1995;  Michigan Law Review: ``A Government of Limited and Enumerated ``  // EE2000
	Small state federalism is a big part of what keeps the peace in countries like the United States and Switzerland. It is a big part of the reason why we do not have a Bosnia or a Northern Ireland or a Basque country or a Chechnya or a Corsica or a Quebec problem.  American federalism in the end is not a trivial matter or a quaint historical anachronism. American-style federalism is a thriving and vital institutional arrangement - partly planned by the Framers, partly the accident of history - and it prevents violence and war. It prevents religious warfare it prevents secessionist warfare, and it prevents racial warfare. It is part of the reason why democratic majoritarianism in the United States has not produced violence or secession for 130 years, unlike the situation for example , in England France, and, France, Germany, Russia, Czechoslovakia, Yugoslavia, Cyprus, or Spain. There is nothing In the U.S. Constitution that is more important or that has done more to promote peace, prosperity, and freedom than the federal structure of that great document. There is nothing in the US Constitution that should absorb more completely* the attention of the U.S. Supreme Court.

FEDERALISM CAN SOLVE WAR AND VIOLENCE, BUT ONLY UNDER THE STATUS QUO

Steven G. Calabresi, Associate Professor of Law Northwestern, December, 1995;  Michigan Law Review: ``A Government of Limited and Enumerated ``  // EE2000
	Some of the best arguments for centripetal international federalism, then, resemble some of the best arguments for centrifugal devolutionary federalism: in both cases - and for differing reasons federalism helps prevent bloodshed and war. It is no wonder, then, that we live in an age of federalism at both the international and subnational level. Under the right circumstances, federalism can help to promote peace, prosperity, and happiness. It can alleviate the threat of majority tyranny which is the central flaw of democracy. In some situations, it can reduce the visibility of dangerous social fault lines, thereby preventing bloodshed and violence. This necessarily brief comparative, historical, and empirical survey of the world`s experience with federalism amply demonstrates the benefits at least of American-style small-state federalism.  In light of this evidence, the United States would be foolish indeed to abandon its federal system.

INTERNATIONAL FEDERALISM KEY TO REDUCING RISK OF WAR 

Steven G. Calabresi, Associate Professor of Law Northwestern, December, 1995;  Michigan Law Review: ``A Government of Limited and Enumerated Powers``  // EE2000
	Internationalist Federalism: Preventing War, Promoting Free Trade, and Exploiting Economies of Scale. So far, I have focused on the advantages of American-style small-state federalism in defusing centrifugal devolutionary tendencies, alleviating majority tyranny, and accentuating crosscutting social cleavages. But what about the advantages of international federalism; what are the ad- vantages of consolidating states into larger federal entities, as happened in North America in 1787 or in Europe in 1957?
	A first and obvious advantage is that consolidation reduces the threat of war. Because war usually occurs when two or more states compete for land or other resources, a reduction in the number of states also reduce the likelihood of war. This result is especially true if the reduction in the number of states eliminates land boundaries between  states that are hard to police, generate friction and border disputes,. and that may require large standing armies to defend, In a brilliant article, Professor Akhil Amar has noted the importance of this point to both to the Framers of our Constitution and to President Abraham Lincoln.  Professor Amar shows that they believed a Union of States was essential in North America because otherwise the existence of land boundaries would lead here - as it had in Europe - to the creation of standing armies and ultimately to war.  The Framers accepted the old British notion that it was Britain`s island situation that had kept her free of war and, importantly, free of a standing army that could be used to oppress the liberties of the people in a way that the British navy never could.

FEDERALISM -- INTERNATIONAL MODELING IMPACTS -- PROTECTS FREE TRADE

INTERNATIONAL FEDERALISM HELPS FUEL TRADE 

Steven G. Calabresi, Associate Professor of Law Northwestern, December, 1995;  Michigan Law Review: ``A Government of Limited and Enumerated Powers``  // EE2000
	A fourth and vital advantage to international federations is that they can promote the free movement of goods and labor both among the components of the federation by reducing internal transaction costs and internationally by providing a unified front that reduces the costs of collective action when bargaining with other federations and nations. This reduces the barriers to an enormous range of utility-maximizing transactions thereby producing an enormous increase in social wealth. Many federations have been formed in part for this reason, including the United States, the European Union, and the British Commonwealth, as well as all the trade-specific ``federations`` like the GATT and NAFTA.

US FEDERAL MODELING KEY TO FORMATION OF MULTILATERAL GLOBAL ENTITIES

Steven G. Calabresi, Associate Professor of Law Northwestern, December, 1995;  Michigan Law Review: ``A Government of Limited and Enumerated Powers``  // EE2000
	The bitter harvest of the nationalist revolution was gathered in this century with the slaughter of the First and Second World Wars and with the fifty-year Cold War that then followed. These events finally made 	clear to the great-great-grandchildren of the Enlightenment that celebration of the nation state could lead to Nazism and Stalinism, to war and genocide, and to totalitarianism and the most complete loss of freedom humankind ever experienced. By 1945, the democratic revolution was still in full flow, but the nationalist revolution was not. World leaders scrambled to replace the still collapsing colonial, imperial transnational structures with new federal and confederal transnational structures. 
	The fifty years since then have seen the birth of the United Nations, the North Atlantic Treaty Organization (NATO), the European Union, the European Convention on Human Rights, the British Commonwealth, the Confederation of Independent States (CIS), the GATT, the NAFTA, and countless other transnational ``federal`` entities of varying degrees of importance.  Many of these were openly inspired by the success story of American federal ism, which, for example, led many Europeans to want to build a Common Market that could become a ``United States of Europe.`` While many of these new democratic transnational entities are very weak, they nonetheless have developed important powers: they have helped to keep the peace, and in some instances, as with the European Union, they show real potential for some day attaining essentially all the attributes of sovereignty commonly associated with a federal nation-state, like the United States. The growth and success of transnational confederal forms since 1945 is truly astonishing and rightly is viewed by many - either with alarm or with hope - as holding out the eventual prospect of a future global federal government or at least the prospect of several continental -sized federal governments. 

 FEDERALISM -- INTERNATIONAL MODELING IMPACTS -- PROTECTS HUMAN RIGHTS

INTERNATIONAL FEDERALISM EQUALS INCREASED PROTECTION OF HUMAN RIGHTS 

Steven G. Calabresi, Associate Professor of Law Northwestern, December, 1995;  Michigan Law Review: ``A Government of Limited and Enumerated Powers``  // EE2000
	Sixth and finally,  an advantage to international federation is that it may facilitate the protection of individual human rights. For reasons Madison explained in the Federalist Ten,  large governmental structures may be more sensitive than smaller governmental structures to the problems of abuse of individual and minority rights. 

FEDERALISM ANSWERS -- NO LINK -- FEDERAL ACTION DOES NOT REDUCE STATE POWER

FEDERAL AID DOES NOT LEAD TO A DECREASE IN STATE AUTONOMY

Sanford Schram and Carol Weissert, 1997, prof. Bryn Mawr and prof. Michigan State, Spring, Publius, ``The State of American Federalism``, // ee2000 (pg 21)
	Yet, while the Rehnquist majority was the force behind the movement to limit federal power, the term did in fact include several related decisions that drew broad support on the Court. One particularly striking unanimous decision came in Regents of the University of California el at v. Doe.`` The opinion, written by justice John Paul Stevens, returned to the Eleventh Amendment that was invoked in 1996 in the Seminole decision protecting states from being sued by citizens of other states in federal court. The case concerned a citizen of New York who was not hired by the University of California for a U.S. Department of Energy (DOE) project for which he could not receive security clearance. The Ninth Circuit Court found that ``liability for money judgments is the single most important factor in determining whether an entity is an arm of the State,```` and therefore, because the DOE was paying, and by extension the state was liable for any judgment rendered against the university for its performance of the contract. The high court rejected this position. Writing for the Court,Justice Stephens found that taking federal funds does not require a state to relinquish Eleventh Amendment protection.

FEDERAL REMEDIES DO NOT THREATEN STATE REMEDIES

Weinberg, John, Ohio Northern University Law Review, 1997. ``Fear and Federalism`` // EE2000
	It is indeed commonly supposed that new federal law takes something from the states. And so it may; but not very much. Rather, dual sets of rights and duties are characteristic of this country. This dual governance is something with which Americans have an easy familiarity. The outcry on behalf of states` rights that sometimes accompanies new federal regulations or new federal remedies rings a bit hollow. Of course, dual sets of obligations impose upon individuals the costs of conforming with the higher standard, or with both. But in such cases complainants, for example, retain their rights to plead a violation of state law, or to join a statecreated claim with the federal as alternative theories, or even to waive the federal violation. There is little substantial threat to state remedies when new federal remedies are created. And dual sets of defenses are equally reinforcing.

DOMINANCE OF ONE BRANCH IS IMPOSSIBLE IN A FEDERAL SYSTEM

Kenneth R. Mladenka, 1997; Professor of Political Science at Northwestern;  The Unfinished Republic, // EE2000 pp. 70-71
	Finally, it is argued that federalism enhances and promotes the freedom of individual citizens. The multitude of different centers of political decision making at the national, -state,. and local levels ensures that no one level or branch of government will be able to establish domination over the others. Further, the wide array of access points available to those wishing to press their demands and grievances upon public authorities encourages the formation of numerous interest groups. These groups, in turn, compete with each other over the allocation of scarce resources. This constant process of conflict, bargaining, accommodation, and compromise ensures that no single group will ever be able to achieve hegemony over the others.

FEDERALISM ANSWERS --10TH AMENDMENT DOES NOT GUARANTEE PROTECTION OF STATE POWER

THE 10TH AMENDMENT IS NOT RULE-OF-LAW; CONGRESS CAN STILL GOVERN THE STATES

Peter A. Lauricella, Albany Law Review, 1997; ``The Real `Contract With America: The Original Intent of the 10th Amendment and the Commerce Clause`` // EE2000
	As a matter of original intent, the argument that the Tenth Amendment was intended as a substantive limitation on an act of Congress authorized by an enumerated power seems difficult to make. The Tenth Amendment was adopted without debate.  If one looks at the Tenth Amendment in context with the first Eight Constitutional Amendments ratified within the Bill of Rights,  the first Eight all contain language limiting the substantive power of the federal government to engage in certain activities.  The  Ninth  and Tenth Amendments, however, read like declaratory statements with no substantive power to limit actions by the federal government. They merely declare the relationship between the States and the federal government.  As one scholar put it, the Tenth Amendment ``is not a rule of law of the Constitution, which is to say that no court can base its holding in any case on the Amendment because the Amendment does not contain terms that can provide a rule of law.``  Therefore, the Amendment appears to be a political bargain, key terms of which assumed the continuing vitality of the states as prime law makers in most affairs.``` 

10TH AMENDMENT DOES NOT GUARANTEE FEDERALISM

Edwards, 1996; Denis J., The American Society of Comparative Law , ``Fearing Federalism`s Failure`` // EE2000
	The clear analogy with the U.S. Constitution is the tenth amendment which provides that the federal government is one of limited powers and that residual power rests with the states. In the U.S., however, the xth Amendment has not prevented the expansion of federal power.

THE FRAMERS DID NOT ENVISION THE  10TH AMENDMENT BEING USED AS A TOOL FOR THE COURTS TO USE TO OVERLIMIT CONGRESSIONAL ACTION 

Peter A. Lauricella, Albany Law Review, 1997; ``The Real `Contract With America: The Original Intent of the 10th Amendment and the Commerce Clause`` // EE2000
	Another fact which weakens the argument that the Tenth Amendment, as originally intended, was meant to act as a substantive restraint on the enumerated powers of the federal government is that the Framers and the Ratifiers had a general fear of judicial discretion.  It does not appear that the Ratifiers viewed the Tenth Amendment as a judicial tool to limit action by the federal government pursuant to an enumerated power.  This belief was implicitly reiterated by the Supreme Court in United Public.
	The powers granted by the Constitution to the Federal Government are subtracted from the totality of sovereignty originally in the states and the people. Therefore, when objection is made that the exercise of a federal power infringes upon rights reserved by the Ninth and Tenth Amendments, the inquiry must be directed toward the granted power under which the action of the Union was taken. If granted power is found, necessarily the objection of invasion of those rights, reserved by the Ninth and Tenth Amendments, must fail.

THE 10TH AMENDMENT WAS NOT INTENDED TO SERVE ASA SUBSTANTIAL RESTRAINT ON GOVERNMENT POWER 

Peter A. Lauricella, Albany Law Review, 1997; ``The Real `Contract With America: The Original Intent of the 10th Amendment and the Commerce Clause`` // EE2000
	Furthermore, the current justices who have held that the Tenth Amendment limits federal action pursuant to an enumerated power have conceded that the Amendment was not intended to be a substantive limitation.  For example, in her dissent in Garcia, justice O`Connor discussed the limited role the Framers envisioned for the interstate commerce power.  She then explained that the ``Court has been increasingly generous in its  interpretation of the commerce power of Congress, primarily to assure that the National Government would be able to deal with national economic problems.``  Next, she addressed how this tremendous expansion of the Commerce power has allowed Congress to ``supplant the States from the significant sphere of activities envisioned for them by the Framers.``  Finally, Justice O`Connor summed up her dissent with this statement: ``this principle requires the Court to enforce affirmative limits on federal regulation of the States to complement the judicially crafted expansion of the interstate commerce power.``  Therefore, one can conclude that the Court`s departure from the original intent of the Commerce power has convinced some members of the present Court that departure from the original intent of the Tenth Amendment is necessary to restore some powers reserved for the States as envisioned for them by the Framers.

FEDERALISM ANSWERS -- CONGRESS HAS POWERS OVER THE STATES IN THE CONSTITUTION

CONGRESS HAS ELASTIC POWER

Joseph Zimmerman, Scholar for the Center for Legal Studies, 1992; Contemporary American Federalism: ``The Growth of National Power` // EE2000 p. 33
	Although not expressly listed in the Constitution, implied  powers exist   because they are essential for the implementation of the expressly granted  powers. As noted above, the `elastic clause` the Constitution grants the  Congress authority `to make all laws which shall be necessary and proper  for carrying into operation the foregoing powers, and all other powers  vested by this Constitution in the government of the United States or in.  any department or officer thereof .

CONGRESS HAS POWER TO SUBSUME STATE POWER

Joseph Zimmerman, Scholar for the Center for Legal Studies, 1992; Contemporary American Federalism: ``The Growth of National Power` // EE2000 p. 38
	If the Congress decides to assume total responsibility for a regulatory function within its sphere of powers, the supremacy of the laws clause of the United States Constitution (article VI) automatically nullifies all contrary state constitutional provisions and statutes. In effect, the supremacy of the laws clause makes the national government the judge of the extent of its powers. Bankruptcies, for example, were regulated primarily by the States until 1898 when the Congress (30 Stat. 544) assumed complete responsibility for the function and all state bankruptcy laws immediately were nullified. The ability of the Congress to assume partial or total regulatory authority in various fields automatically produces continuing changes in national-state relations as described in greater detail in Chapter 4.

CONGRESS CONTINUALLY SUBSUMES STATE POWER

Joseph Zimmerman, Scholar for the Center for Legal Studies, 1992; Contemporary American Federalism: ``The Growth of National Power` // EE2000 p. 56
	The United States federal system has been characterized by a centralization of decision-making authority in many functional areas since the 1930s. The initial centralizing tendencies resulted from the Congress authorizing numerous conditional grants-in-aid for state and local governments.
	The sharp increase in the number and variety of preemption statutes enacted by the Congress since 1965 has reduced substantially the discretionary authority of the States, based upon their reserved powers, and their political subdivisions; promoted additional interest group lobbying in the Congress and national regulatory agencies; and affected the power relationships between the governor and the state legislature in each State. Many statutes totally preempt state regulatory authority and other statutes only partially preempt state regulatory authority. A few statutes contain both total and partial preemption provisions.

 FEDERALISM ANSWERS -- FEDERAL ACTION HELPS STATE ACTION

FEDERALISM WILL ULTIMATELY EMPOWER THE STATES

Briffault, 1994: Richard, Professor of Law at Columbia, Vanderbilt Law Review,```WhatAbout the ``Ism``?` Normative and Formal Concerns in Contemporary Federalism`` // EE2000
	Despite the absence of formal federal constitutional protection or a claim to the more exalted status that federalism is said to provide the states, localities enjoy considerable power. The political rallying cry of ``home rule`` or ``local control`` has frequently been potent enough to block challenges to local autonomy based on claims of equality, individual rights, or the external effects of local action. Thus, federalism as localism need not mean the end of state autonomy. Indeed, it is possible that in wrapping the states in the mantle of grass-roots, participatory democracy-by treating the decision making of the thirty million people of California or the seventeen million people of New York as a kind of extended town meeting-federalism as localism will ultimately strengthen the political position of the states.

FEDERAL INACTION SPURS STATE-BASED POLICY INITIATIVES

David M. Hedge, Professor Univ. of Florida. 1998; Governance & The Changing American States// EE2000
	What prompted the resurgence of the states? Much of the credit lies, ironically, with the federal government. A half century of federal grantsin-aid has increased both the technical capacity and aspirations of state and local officials. Federal grants, together with federal mandates, have also expanded the policy scope of the states. Two other federal actions have been particularly important. Federal civil rights policy and the reapportionment ``revolution`` triggered by the 1962 Baker v. Carr decision have ensured that minorities and urban areas are better represented in state legislatures and have contributed to increased legislative activism, particularly on behalf of the cities. More recently, the Reagan adrninistration`s New Federalism, with its emphasis on devolution, deregulation, and ``defunding,`` forced the states to do more with less, a trend that continues today. And if the cohort of new Republican governors and legislators elected in 1994 have their way, the states will enjoy even more flexibility in programming with fewer mandates in, the years ahead.
	The states have contributed to their own resurgence as well. First, since the 1960s over three-fourths of the states have either enacted new or revised existing constitutions that strengthen their governors, increase legislative sessions and compensation, establish greater fiscal discipline, and provide a basis for protecting individual rights and liberties (Van Horn 1996a). Second, the greater use of the initiative and referendum, efforts to make voting and registration less burdensome, and reforms that increase citizen participation in government between elections, to-ether with state policies that comply with federal reapportionment and civil rights policies, have increased the opportunities for ordinary citizens to access and influence state government. Third, over the last few decades the states have restructured their revenue systems to make them more diverse, less prone to economic cycles, and, in many cases, more equitable. Prodded by the three Rs-tax revolts, recessions, and reductions in federal aidmany states in the 1980s increased existing taxes, most notably income and sales taxes, and found new sources of revenues, including state lotteries and additional user charges.

FEDERALISM ANSWERS -- COURTS WILL PROTECT THE STATES AGAINST FEDERAL ABUSE OF POWER

COURT ENSURES THE CONSTITUTION IS UPHELD IN TERMS OF FEDERALISM

Lenaerts, 1998; Koen, Judge and `Prof. of European Law, March, International Law Journal; ``Federalism: Essential Concepts in Evolution - The Case of the European Union`` // EE2000
	From the above-mentioned characteristics of a federal form of government, it appears that an effective government requires a constitution in which the rights and obligations of the central authority and  the component entities are laid down and which provides for mechanisms that assure the enforcement of  the rules  which it contains. Therefore, a federal form of government will always be constitutional. Because  such a  form of government is characterized by the search for a balance between the central authority and  the  component entities, the constitution must be sufficiently flexible to allow this form of government to  adapt  itself to developments in society without undermining the cohesion of the central authority or the  national  identities of the component entities.  A constitutional court will normally guarantee the  enforcement of  the ``constitution`` in order to maintain and adjust the balance and to ensure that the federal  dynamics are not  extinguished by political battles between the component entities and the central authority but find  an efficient      expression. 

CONGRESS MUST RECOGNIZE THE COURT`S STANCE ON FEDERALISM WHEN ENACTING LEGISLATION

Melvin R. Farsoni, Summer 1998; Arizona State Law Journal, ``Printz v. Unites States: Federalism Revisited`` // EE2000
	When United States v. Lopez  was decided, many viewed the decision as a warning to Congress that it had become too sloppy.  However, Congress did not appear to make the same mistake with the Brady Act.  While congressional attentiveness is a step in the right direction,  indeed it seems clear that Congress should address federalism concerns during the legislative process,  Congress must also exercise restraint. If nothing else, Printz stands for the proposition that Congress cannot compel states to enact or enforce federal programs by conscripting their officers or legislatures. 
	What may be the most interesting effect on congressional acts is an increased use of other constitutional grants of power,  such as the Fourteenth Amendment,  the Thirteenth Amendment,  the Spending Clause,  and federal preemption.  Such reliance would eliminate problematic cases such as Katzenbach v. McClung,  a civil rights case enforced through commerce clause legislation. Additionally, unlike the Commerce Clause, these grants of power have not -been historically used as a plenary power but still provide broad grants of congressional power. Indeed, justice O`Connor`s concurring opinion in Printz reaffirms the fact  that Congress can contract or bargain with states for compliance. 

COURTS ARE A RELIABLE SOURCE OF PROTECTION FOR THE STATES

John Dinan, 1997; prof. Wake Forest University; Publius, ``State Government Influence in the National Policy Process: Lessons from the 104th Congress``, pg 129 // EE2000
pg 134-135 )
	To the extent that one could identify a general institutional tendency. however, one would have to agree with a long tradition of political analysis. ranging from Brutus to Woodrow Wilson to Philip Kurland. They concluded that in disputes between the states and the federal government, federal judges arc more likely to be solicitous of the interests of the government of which they are a constituent part. In the long run, the U.S. Supreme Court is likely to provide, at best, an unreliable and unpredictable source of protection for state interests.

COURTS ARE REGULATING THE FEDERAL GOVERNMENT NOW

Sanford Schram and Carol Weissert, 1997, prof. Bryn Mawr and prof. Michigan State, Spring, Publius, ``The State of American Federalism``, // ee2000 (pg 27)
	The core Rehnquist majority ruled this requirement an unconstitutional extension of federal power into the authority reserved to states. justice Antonin Scalia, writing for the majority, did not single out a particular clause or feature of the U.S. Constitution, such as the reserved powers clause of the Tenth Amendment, but rather stated that the Brady law violated the overall structure of the Constitution`s federal system.``` Scalia used particularly dramatic language to underscore that while the substance or the case may have been a relatively minor issue, its symbolic significance was great for the Court`s ongoing project to limit the growth or federal power and restore a proper balance to the federal system. Scalia wrote:
It is incontestable that the Constitution established a system of ``dual sovereignty.`` Although the states surrendered many of their powers to the new Federal Government, they retained ``a residuary and inviolable sovereignty``... The Framers` experience tinder the Articles of Confederation had persuaded them that using the states as instruments of Federal governance was both ineffectual and provocative of federal-state conflict .... 
	Justice Scalia, noting the New York v. United States case striking down the federal legislative language compelling states to ``take title`` to nuclear waste, said that the Congress cannot conscript state officers directly and that ``such commands are fundamentally incompatible with our constitutional system of dual sovereignty.``

FEDERALISM ANSWERS -- NOT UNIQUE -- FEDERAL PROGRAMS TO EDUCATION ARE INCREASING NOW

FEDERAL ROLE IN EDUCATIONAL POLICY HAS GROWN THROUGH THE YEARS

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	Because the Constitution assigns Washington no responsibility whatsoever for education, the federal role is guided by no general principles. It just grew. Though some early federal involvement can be found as far back as the Northwest Ordinance of 1787 and the creation of land-grant colleges in 1862, the federal role in education is essentially a late twentieth-century design. Indeed, save for vocational education, the G.I. bill, the post-Sputnik ``national defense education act,`` and, of course, the judiciary`s deep involvement in school desegregation, the federal role in education is a creation of the mid 1960s, of Lyndon Johnson`s Great Society. 
The major legislation of the day included Head Start (1964), the Elementary and Secondary Education Act (1965), the Higher Education Act (1965), the Bilingual Education Act (1968), and, soon after, the Education for All Handicapped Children Act (1975). All these programs sought to expand access to education for needy or impoverished segments of the population - and to disguise general aid to schools as help for the disadvantaged. The dozens of programs created by these five statutes (and their subsequent re-authorizations) script the federal role in education today. 

FEDERAL GOVERNMENT CURRENTLY HAS 700 EDUCATION PROGRAMS AND SPENDS $100 BILLION PER YEAR

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	Their complexity grew, too. The 1994 version of the E.S.E.A. - passed just a few weeks before the GOP won control of Congress - took up over 1,000 pages. Today, the federal government spends $ 100 billion per year on over 700 education programs spanning 39 agencies. The Department of Education manages roughly one-third of this money and employs close to 5,000 people. 

REPUBLICANS ALSO WANT TO INFRINGE ON STATE EDUCATIONAL POLICIES WITH FEDERAL MANDATES AND SUPPORT

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	But policy promiscuity is not indulged by Clinton and the Democrats alone. Roving-eyed Republicans in Congress have proposed, inter alia, slashing class size, ending social promotion, legalizing school prayer, replacing textbooks with laptops, funding environmental education, paying for school metal detectors, and creating a new literacy program. 

 FEDERALISM ANSWERS -- STATE COUNTERPLAN PERMUTATION -- STATES AND FEDERAL SHOULD WORK TOGETHER

STATE AND FEDERAL GOVERNMENT SHOULD WORK TOGETHER.

Althouse, 1994: Ann, professor at University of Wisconsin Law School, Vanderbilt Law Review, ``Federalism, Untamed`` // EE2000
	Similarly, state courts may gain experience enforcing rights if they are given this task to do. If they miss some spots, then federal jurisdiction ought to provide a second pass. And, since state courts are part of the federal system, constitutionally responsible for the enforcement of federal rights, we should not accept the contention that they may ignore federal rights on the theory that the federal courts do a better job. Their participation is part of their membership in the whole.

PERM: TWO LEVELS OF GOVERNMENT. GIVES CITIZENS INCREASED POWER OVER POLICY OUTCOMES

Steven G. Calabresi, Associate Professor of Law Northwestern, December, 1995;  Michigan Law Review: ``A Government of Limited and Enumerated Powers``  // EE2000
	Second, there is another important advantage to American federalism. With two levels of government, the citizenry, to some extent, can play each level off against the other with concomitant reductions in the agency costs of government. History teaches that government agency costs, even in a democracy, can become quite high. It is thus no accident that Americans have thought from the time of the founding onward that liberty would be preserved by having two levels of government that could serve as checks on one another. 

PERM: STATES AND FEDERAL GOVERNMENT WORKING TOGETHER IS THE TRUE VISION OF FEDERALISM Steven G. Calabresi, Associate Professor of Law Northwestern, December, 1995;  Michigan Law Review: ``A Government of Limited and Enumerated Powers``  // EE2000
	The case for federalism over nationalism or disunion begins first with the observation that it may allow us to obtain the benefits of both worlds. There are plainly some decisions that are made best in a decentralized fashion and some that are made best in a centralized fashion. This is a truism of all forms of social activity, from the  corporate world to the military to our own daily family lives. Federalism acknowledges this fundamental reality of human existence and provides institutional forms that may allow us, under some circumstances, to achieve at least some of the best of both worlds. This structure, no doubt, is one reason why an institution that grew up out of historical accident nonetheless continues to thrive There may well be other forms American federalism could have taken, either more nationalist or more localist, but the American people and their elites do not seem very anxious to explore them. This could be simply a failure of imagination, but, more likely, it suggests that, most of the time, federalism gives us at least enough of the best of both worlds so that it is worth the costs of keeping it around.
	Those costs, of course, are not insubstantial. They include not only the actual out-of-pocket  expense of two sets of government officials, along with their sometimes wacky ideas, but also the costs of coordination and lost accountability that inevitably accompany any multiplication in the number of governmental  entities. On balance, however, it must be remembered that as a continental-sized nation, we need the benefits  of federalism more than a small homogeneous nation like Britain, which may well be moving toward federalism itself. We are both more  heterogeneous than Britain and, because of our geographical  position, we are more in need of expensive national items with increasing economies of scale. Experience  and theory both suggest that American federalism fits this country`s needs quite nicely.

FEDERALISM ANSWERS -- STATE COUNTERPLAN -- STATES CANNOT SUCCESSFULLY REFORM EDUCATION

STATES CANNOT GUARANTEE REFORM

Michael N. Danielson, Professor of Public Affairs and politics Princeton University, and Jennifer Hochschild, Professor of Public Affairs and politics at Princeton University, 1998, CHANGING URBAN EDUCATION, ``Changing Urban Education: Lessons, Cautions, Prospects,`` edited by Clarence N. Stone, EE2000-hxm p.291
	State intervention , moreover, is not guaranteed to make much headway in reforming schools. When states do intervene, as the Yonkers and New Haven cases show, their actions are likely to be shaped by the same kind of political forces that influence local school policy. Plans of the New York state Education Department for fostering school integration in Yonkers, for example, foundered on the same legislative and constituency resistance to desegregation that had halted local superintendents` plans to integrate. Ditto in New Haven.

THERE MUST BE SOME KIND OF CENTRALIZED AUTHORITY TO SOLVE

Susan Follett Lusi, Director of Policy for the Annenberg Institute for School Reform and Visiting Assistant Professor at the Taubman Center for Public Policy at Brown University, 1997; THE ROLE OF STATE DEPARTMENTS OF EDUCATION IN COMPLEX SCHOOL REFORM, EE2000-hxm p.7
	Cohen and Spillane (1992) argue that achieving policy coherence may be impossible given U.S. governance structures that were made incoherent by design:
The U.S. political system was specifically designed to frustrate central power. Authority in education was divided among state, local, and federal governments by an elaborate federal system, and it was divided within governments by the separation of powers. These divisions were carefully calculated to inhibit the coordinated action of government, and they gained force from the country`s great size and diversity. (p. 5)
	They further argue that past attempts at strengthening the linkages between policy and practice through increased central control have met with only limited success and have only worked to increase the political fragmentation of the education system. Political fragmentation has increased because, in the absence of centralized authority, each new program had to develop its own administrative and authority systems to coordinate activity across many levels of government (Cohen & Spillane, 1992, pp. 9-10).

DECENTRALIZATION LEAVES URBAN SCHOOLS OPEN TO PRESSURES THAT DECREASE THE FOCUS ON ACADEMIC ACHIEVEMENT

The Consortium for Policy Research in Education, 1996, THE EDUCATION DIGEST, ``Public Policy and School Reform``//ee2000-Sj pg. 6
	Deregulation and decentralization plans do not always work well. Some states reward schools with flexibility because they do well academically. This changes the policy environment for those who have done well and compels less successful schools to continue under the same rules. Urban schools, in a more politicized environment, also may find decentralization leaves them more vulnerable to pressure from particularly vocal constituencies, sometimes lessening focus on academic achievement.

LOCAL CONTROL OF EDUCATION GUARANTEES THAT MARKET-CONSUMERIST FORCES WILL PREDOMINATE

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 261
	The secret of the consumer appeal and organizational success of the American educational model lies in its responsiveness to the market. In contrast with most systems of education around the world, control of the U.S. system is radically decentralized. Governance of educational institutions at all levels tends to be local, rather than concentrated in the hands of an educational ministry, and finances depend heavily on student enrollment (either directly, through tuition dollars, or indirectly through per capita appropriations). Such a system is remarkably flexible, adapting quickly to local market conditions and changes in consumer demand, and it is also remarkably differentiated, as particular Institutions and individual school systems come to occupy specialized niches in the highly competitive educational arena. Constructed from the ground up rather than the top down and responding to consumer pressure rather than central planning, this system comes to offer the broadest range of educational programs in the most structurally diverse array of institutional settings that are made accessible to the most heterogeneous collection of students. In short, the system maximizes individual choice, structural variety, and public access.

STATE`S EFFORTS MUST BE ON INSTRUCTION NOT ON TOP DOWN POLICIES

The Consortium for Policy Research in Education, 1996, THE EDUCATION DIGEST, ``Public Policy and School -Reform``//ee2000-Sj pg. 6
	State efforts often fall short of reaching schools. State intervention in low-performing school districts can help correct poor financial practices or stave off bankruptcy. But unless intervention focuses on instruction the state`s presence typically isn`t felt beyond the district`s central office.

FEDERALISM ANSWERS -- STATE COUNTERPLAN -- STATE DEPARTMENTS OF EDUCATION ARE INADEQUATE

STATE DEPARTMENTS OF EDUCATION HAVE LIMITED FUNDS AND CANNOT IMPLEMENT THE CHANGES THAT ARE NEEDED

Susan Follett Lusi, Director of Policy for the Annenberg Institute for School Reform and Visiting Assistant Professor at the Taubman Center for Public Policy at Brown University, 1997; THE ROLE OF STATE DEPARTMENTS OF EDUCATION IN COMPLEX SCHOOL REFORM, EE2000-hxm p.167
	The third characteristic of the problem facing SDEs engaged in complex school reform is that the resources of SDEs are limited in a number of ways. They have few staff, especially relative to the number of schools with which they are expected to work. It is impossible for SIDE staff to make numerous (or maybe even one) site visit to every school in the state. Staff generally have limited, if any, expertise in working with reforming schools. SIDE staff are more likely to specialize in a certain curriculum or regulatory area than in whole-school change. SDEs have limited funds, and many of their funds are tied to specific, categorical areas such as special education, complicating flexible spending (Council of Chief State School Officers, 1983, pp. 6364). SDEs have traditionally had limited relationships with schools, often focusing on oversight, making it difficult for practitioners to believe new SIDE messages of a willingness to provide nonevaluative service and support.

IT IS NOT CLEAR THAT THE STATE DEPARTMENT OF EDUCATION CAN SOLVE EDUCATION PROBLEMS

Susan Follett Lusi, Director of Policy for the Annenberg Institute for School Reform and Visiting Assistant Professor at the Taubman Center for Public Policy at Brown University, 1997; THE ROLE OF STATE DEPARTMENTS OF EDUCATION IN COMPLEX SCHOOL REFORM, EE2000-hxm p.11
The state`s problem, then (and the SDE`s problem as the agent of the state), is complicated. Not only is the state trying to change the practice of a large number of practitioners over whom it has little control and no proximity; in addition, it is trying to make this change in a profession where good practice is nearly impossible to clearly specify and in an environment in which it is difficult to predict the effect of its actions. Even if good teaching practice can be more clearly specified, it is not clear that the SDE will be able to bring that kind of practice about.

STATE DEPARTMENTS INFLUENCE WHAT SCHOOLS CAN AND CANNOT DO

Susan Follett Lusi, Director of Policy for the Annenberg Institute for School Reform and Visiting Assistant Professor at the Taubman Center for Public Policy at Brown University, 1997; THE ROLE OF STATE DEPARTMENTS OF EDUCATION IN COMPLEX SCHOOL REFORM, EE2000-hxm p.2-3
	The case studies that follow are important regardless of the outcome of the national debate on systemic reform, for it will remain the case that schools need to change fundamentally and that, given the structure of our current education system, the actions of state departments can either facilitate or impede that change. For better or worse, and probably for some of each, schools interact with state departments, and that interaction influences what schools can and-cannot do, as well as the relative ease with which they can do it.
 
FEDERALISM ANSWERS -- STATE COUNTERPLAN -- STATES LACK NEEDED FUNDS

STATES ARE STRAPPED FOR CASH - THEY CANNOT AFFORD TO SOLVE

Tannenwald, 1998; Robert, Assistant Vice President and Economist, Federal Reserve Bank of Boston, New England Economic Review, May/June/, P 54 // EE2000
	U.S. Census data indicate that the revenue burden has not fallen during the past 15 years. In fiscal year 1994 (the latest year for which both state and local Census revenue data are available), the revenue burden was 16.5 percent, an all-time high. The previous peak was 16.2 percent, reached in FY1978. According to these data, the state and local revenue burden has fluctuated between 16.2 and 16.5 percent since FY1984. Since FY1982, a period in which interjurisdictional competition has intensified dramatically, this burden has risen by 1.4 percentage points (Figure 1).
	Not only has the state and local revenue burden increased during the past 15 years, but it increased most rapidly during the 1980s, when growth in federal aid slowed dramatically. From FY1980 until FY1990, federal aid as a percentage of personal income declined 1.2 percentage points, from 4.3 percent to 3.1 percent, while the state and local revenue burden rose 0.8 percentage point, from 15.5 percent to 16.3 percent. Thus, the state and local sector replenished two-thirds of its lost federal assistance with increases in ownsource general revenues. The state and local revenue burden continued to rise between FY1990 and FY1994, even though federal aid as a percentage of income jumped by almost a full percentage point.

TRENDS SHOW THAT STATES CANNOT EXPAND FISCAL DOMAIN

Tannenwald, 1998; Robert, Assistant Vice President and Economist, Federal Reserve Bank of Boston, New England Economic Re-view, May/June // EE2000 pg. 57
	These trends do not offer much hope to those who would like state and local governments to expand their fiscal domain in a devolutionary scenario. The state and local tax burden fell by 0.7 percentage point between FY1977 and FY1994. The 0.8 percentage point rise in the revenue burden during that period reflects primarily growth in receipts from fees and charges and miscellaneous revenues. The rise in the ratio of miscellaneous revenues to personal income reflects, depending on the years in question, increases in interest rates (temporary windfalls outside of state and local control), expansion of borrowing, changes in the definition of the category, and increases in net lottery revenues. Since increases in interest rates or borrowing create concomitant higher interest expenditures, they do not enhance the capacity of governments to finance services. Without the definitional changes, the increase in the revenue burden would have been smaller, although existing data do not reveal how much so.

MOST STATES RUNNING DEFICITS NOW - THEY CANNOT SOLVE

David C. Nice, Professor and Chair of the Dept. of Political Science of Washington State U. 1994. (Policy Innovation in State Govt.) //  EE2000
	The evidence indicates that for a number of reasons constitutional balanced budget requirements and debt limits are not particularly effective in controlling state deficits and debt. First, state limitations on deficits generally apply only to the operating budget and exclude the capital budget. (The capital budget includes purchases of relatively durable items, such as building and heavy equipment, which are expected to produce benefits for a number of years.) As a result in the separate operating and capital budgets, a state may simultaneously balance the former and run a large deficit in the latter.

DESCHOOLING COUNTERPLAN

page	Argument

194	Shell
195	Schools have failed
199	Can`t deschool and change schools at the same time
203	How deschooling works
211	Deschooling impacts
216	Deschooling solves for academic achievement
220	Deschooling is workable
224	Answers to deschooling

DESCHOOLING COUNTERPLAN SHELL

Through all normal and necessary means and at all appropriate governmental levels, the deschooling proposal of Ivan Illich [Deschooling Society, 1970] will be adopted. This will include: abolition of compulsory government schools, creation of a fiscally neutral edu-credit system which citizens can redeem through reference services, skill exchanges, peer matching, and access to educational objects. Discrimination for any reason based on school certification will be prohibited. Funding and enforcement through normal means.

OBSERVATION ONE: THE COUNTERPLAN IS NOT TOPICAL
It does not use a program in secondary schools, it abolioshes them.

OBSERVATION TWO: THE COUNTERPLAN IS COMPETITIVE
[see pages 199-202]

OBSERVATION THREE: DESCHOOLING WILL IMPROVE ALL PARTS OF SOCIETY
[see page 220]

SCHOOLS ARE A FAILURE

SCHOOLS ARE FINISHED

John Holt, school reformer and author, 1974; DESCHOOLING, ``Reformulations: a Letter Written After Two Weeks in Cuernavaca,`` edited by Ian Lister, EE2000-hxm p 46
	In short we really have excellent warrant for saying that schools, as educational institutions, are quite literally finished, to the extent that they are only programmers and conditioners, we can find vastly more effective ways of doing this kind of programming and conditioning. Our behaviourists have invented and will continue to invent very much better ways of controlling people`s behaviour and softening and shaping human will, to the degree that the old-fashioned classroom teacher standing in front of a room with a textbook and assignment sheet is simply going to be obsolete, out of a job. I really am going to say most emphatically to teachers and school people who have seen them selves in this position, as `getting children ready` for the real world of society that they`re going to be technologically obsolete in a very short time. 

SCHOOLS ARE OUT OF THE BUSINESS OF EDUCATION BECAUSE THEY WERE NEVER IN IT IN THE FIRST PLACE

John Holt, school reformer and author, 1974; DESCHOOLING, ``Reformulations: a Letter Written After Two Weeks in Cuernavaca,`` edited by Ian Lister, EE2000-hxm p 46
	The schools are out of business of true education because they never were in it and cannot be in it. They`re out, or will be out soon, of the business of false education because other people and techniques can do it better. This is the message in a nutshell.

HIGH SCHOOLS ARE A FAILURE

HIGH SCHOOLS CANNOT GIVE ADOLESCENTS WHAT THEY NEED-INDEPENDENCE AND PRIVACY

Michael Huberman, professor of pedagogy at the University of Geneva, 1974; DESCHOOLING, ``Learning, Democratizing and Deschooling,`` edited by Ian Lister, EE2000-hxm p. 57
	Adolescents need an environment  which runs counter to the industrial organisation of schooling: some privacy and independence, some space to move around, a more nurturant emotional climate, a chance to test themselves in concrete rather than contrived situations, a place where they are treated as unique persons, and some contact with adults who are not cerebral. Here, the deschooling model is highly appropriate and its implementation is overdue. many secondary schools in western Europe and North America are already having to be wildly imaginative or repressively authoritarian in order to keep the lid on. These schools are increasingly like hospitals without sick patients, places where few persons be it pupils, teachers or administrators - are comfortable or have the impression of being productive. 

HIGH SCHOOL IS HIGHLY UNNATURAL FOR ADOLESCENTS

Michael Huberman, professor of pedagogy at the University of Geneva, 1974; DESCHOOLING, ``Learning, Democratizing and Deschooling,`` edited by Ian Lister, EE2000-hxm p. 57
	Also, secondary schools are highly unnatural places for adolescents to spend time and there is no overriding reason to continue their socialisation to unnatural but socially useful habits beyond the age of puberty.

COMPULSORT SCHOOLING IS A FAILURE

COMPULSORY SCHOOLING HAS FAILED TO ACHIEVED ANY OF ITS GOALS

Howard S. Becker, sociologist, 1972; DESCHOOLING, ``The School Myth,`` edited by Ian Lister, EE2000hxm p. 16
	Throughout the world - with a hand full of exceptions who are either ridiculed or regarded as `backward` - a `sentence` of at least ten years for every child is considered the most elementary sign  of progress and civilization. Yet after a century of compulsory education, we are even further from a more equal society, one where all jobs are open to the best `qualified` people.

WE MUST ELIMINATE COMPULSORY SCHOOLING

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm P. 25
	Schools are even less efficient in the arrangement of the circumstances which encourage the openended, exploratory use of acquired skills, for which I will reserve the term ``liberal education.`` The main reason for this is that school is obligatory and becomes schooling for schooling`s sake: an enforced stay in the company of teachers, which pays off in the doubtful privilege of more such company. just as skill instruction must be freed from curricular restraints, so must liberal education be dissociated from obligatory attendance. Both skill-learning and education for inventive and creative behavior can be aided by institutional arrangement, but they are of a different, frequently opposed nature.

WE MUST ABOLISH COMPULSORY SCHOOLING

John Holt, educational critic and author, 1969; DESCHOOLING, ``Schools are Bad Places for Kids,`` edited by Ian Lister, EE2000-hxm p. 42
	What do we need to do? Many things. Some are  easy; we can do them right away. Some are hard, and may take some time. Take a hard one first. We should abolish compulsory school attendance.

SCHOOLS FAIL TO CAUSE LEARNING

SCHOOLS ONLY PRETEND TO TEACH

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 3
	Schools fail to teach what they pretend to teach. Most of their inmates spend years failing to learn things like Mathematics, Science, and French. In England to reach `Ordinary Level`, an examination taken by some children in the schools, is a highly extraordinary achievement. But, says Illich, `if schools are the wrong place for learning a skill they are eve worse places for getting an education`. Teachers have a vested interest in failure (if everyone succeeded the suspicion might arise that teachers were superfluous) but they need excuses for the continuation of failure at such a rate.

SCHOOLS ARE ANTI-EDUCATIONAL

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 3
	`To identify schools with education, ` says Illich, is `to confuse salvation with the church. ` If schools and education are seen to be not necessarily the same thing it is also possible for schools to be antieducational, to prevent learning instead of encouraging it. Illich argues: In that schools are unworldly, and make the world non- educational, and in that they discourage the poor from taking control of their own learning, all over the world the school has an antieducational effect on society. 

SCHOOLS DO NOT CULTIVATE LEARNING

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 6-7
	 Illich writes: `School teaches us that instruction pro duces learning` but `most learning is not the result of instruction.` It is rather the result of unhampered participation in a meaningful setting.  -Schools give the impression of maintaining a continuity of enterprise by assumed or enforced regular attendance. Deschooling theory raises the question of whether schools provide bad learning environments. A lot of their organisation is explicable in terms of housing and moving large numbers around in a building - that is, administrative convenience - and not in terms of a concern to promote learning or what we know about processes of learning. Elaborate timetables in multi-coloured plastic, which now stand as icons in some schools, might well be part of the mystification of teaching and learning in which most schools indulge.

SCHOOL STOPS CHILDREN FROM BEING CURIOUS AND THEREFORE STOPS THEM FROM LEARNING

John Holt, educational critic and author, 1969; DESCHOOLING, ``Schools are Bad Places for Kids,`` edited by [an Lister, EE2000-hxm p. 39
	Almost every child, on the first day he sets foot in a school building, is smarter, more curious, less; afraid of what he doesn`t know, better at finding and figuring things out, more confident, resourceful, persistent, and independent, than he will ever again be in his schooling or, unless he is very unusual and lucky, for the rest of his life. AIready, by paying close attention to and interacting with the world and people around him, and without any school-type formal instruction, he has done a task far more difficult, complicated, and abstract than anything he will be asked to do in school or than any of his teachers has done for years. He has solved the mystery of language. He has discovered it - babies don`t even know that language exists - and he has found out how it works and learned to use it. He has done it, as I described in my book How Children Learn, by exploring, by experimenting, by developing his own model of the grammar of language, by trying it out and seeing whether it works, by gradually changing it and refining it until it does work. And while he has been doing this, he has been learning a great many other things as well, including a great many of the `concepts` that the schools think only they can teach him, and many that are more complicated than the ones they do try to teach him.

SCHOOL LINKS INSTRUCTION TO THE STUDENT ROLE WHICH IS NEITHER REASONABLE NOR LIBERATING

Ivan Illich professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000--hxm P. 16-17
	Instruction is the choice of circumstances which facilitate learning. Roles are assigned by setting a curriculum of conditions which the candidate must meet if he is to make the grade. School links instruction-but not learning-to these roles. This is neither reasonable nor liberating. It is not reasonable because it does not link relevant qualities or competences to roles, but rather the process by which such qualities are supposed to be acquired. It is not liberating or educational because school reserves instruction to those whose every step in learning fits previously approved measures of social control.

DESCHOOLING IS INEVITABLE

DESCHOOLING WILL HAPPEN INEVITABLY, IT IS JUST A QUESTION OF WHEN

Ivan Illich professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000--hxm p. 148
	The disestablishment of schools will inevitably happenand it will happen surprisingly fast. It cannot be retarded very much longer, and it is hardly necessary to promote it vigorously, for this is being done now. What is worthwhile is to try to orient it in a hopeful direction, for it could take place in either of two diametrically opposed ways.

EVEN IF THE COLLAPSE OF SCHOOLS IS INEVITABLE, WE MUST PUSH FOR IT ANYWAY

Howard S. Becker, sociologist, 1972; DESCHOOLING, ``The School Myth,`` edited by Ian Lister, EE2000hxm p. 17
	In all, how could anyone expect a revolution, of whatever sort, from institutions so cumbersome, rigidly traditional, and into which so much investment has been sunk - the schools? The true revolutionaries must now press for the abolition of these dinosaurs (was that the one that died because its brain was too small for its body?) - even if their collapse looks inevitable anyway.

ILLICH IS CORRECT IN THINKING THAT IT IS NOT A MATTER OF WHETHER OR NOT DESCHOOLING WILL HAPPEN, BUT RATHER IT IS A QUESTION OF WHEN

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 13
	Although he operates mostly on a religious plane, Illich is aware that deschooling has its own dangers. In suggesting that it is no longer a question of whether deschooling will happen but how it happens he is right.

DESCHOOLING IS ALREADY OCCURING IN THREE WAYS

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 13
	Deschooling is already occurring in three significant ways - most of the transmission of knowledge now takes place outside schools: industries are setting up their own systems of education, and permanent education is being planned, and developed.

COMPETITION: CANNOT HAVE DESCHOOLING AS LONG AS YOU KEEP THE INSTITUTION OF THE SCHOOL

DEPENDENCE ON THE INSTITUTION OF SCHOOL INCREASES WITH EVERY TURN

Ivan Illich professor at Claremont University, 1974; DESCHOOLING, ``Schooling: the Ritual of Progress,`` edited by Ian Lister, EE2000hxm p. 65
	This transfer of responsibility from self to institution guarantees social regression, especially once it has been accepted as an obligation. I saw this illustrated when John Holt recently told me that the leaders of the Berkeley revolt against Alma Mater had later `made` her faculty. His remark suggested the possibility of a new Oedipus story - Oedipus the Teacher, who `makes` his mother in order to engender children with her. The man addicted to being taught seeks his security in compulsive teaching. The woman who experiences her knowledge as the result of a process wants to reproduce it in others.

DESCHOOLING APPLIES TO ANY EDUCATIONAL INNOVATION THAT STILL ASSUMES THAT EDUCATION IS THE RESULT OF INSTITUTIONAL AND PROFESSIONAL EDUCATORS

Ivan Illich professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000--hxm p. 100-101
	Educational innovators still assume that educational  institutions function like funnels for the programs they package. For my argument it is irrelevant whether these funnels take the form of a classroom, a TV transmitter, or a ``liberated zone.`` it is equally irrelevant whether the packages purveyed are rich or poor, hot or cold, hard and measurable (like Math III), or impossible to assess (like sensitivity). What counts is that education is assumed to be the result of an institutional process managed by the educator. As long as the relations continue to be those between a supplier and a consumer, educational research will remain a circular process. It will amass scientific evidence in support of the need for more educational packages and for their more deadly accurate delivery to the individual customer, just as a certain brand of social science can prove the need for the delivery of more military treatment.

STATUS QUO REFORMS FAIL BECAUSE THEY RELY ON THE EXISTING INSTITUTIONS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.18
	We think these reforms are likely to fail. The reasons take a bit of explaining, a task that will occupy us throughout this book. Generally speaking, our pessimism arises from the fact that the last decade`s 41 revolution`` in school reform has been restricted to the domain of policy, leaving the institutions of educational governance unchanged. In our view, these institutions are more than simply the democratic means by which policy solutions are formulated and administered. They are also fundamental causes of the very problems they are supposed to be solving.
	It is easy enough to see why this view is distinctly unpopular among politicians and the established interests. It is also easy to understand why social scientists have shied away from broader institutional issues in carrying out their research on effective schools, and thus why problems and solutions have tended to be framed in noninstitutional terms. Yet the explanations for these developments have nothing to do with the true relationship, whatever it might be, between schools and their institutional contexts. And they have nothing to do, in particular, with the merits of the specific institutional argument we are making here.

ONLY DETACHMENT FROM SCHOOLING CAN BRING ABOUT CHANGE

Ivan Illich professor at Claremont University, 1974; DESCHOOLING, ``Schooling: the Ritual of Progress,`` edited by Ian Lister, EE2000hxm p. 65
	The school system today performs the threefold function common to powerful churches throughout history. It is at the same time the repository of society`s myth: the institutionalisation of that myth`s contradictions: and the locus of the ritual which reproduces and veils the disparities between myth and reality. Today the school system, and especially the university, provides ample opportunity for criticism of the myth and for rebellion against its institutional perversions. But the ritual which demands tolerance of the fundamental contradictions between myth and institution still goes largely unchallenged, for neither ideological criticism nor social action can bring about a new society. Only disenchantment with and detachment from the central social ritual and reform of that ritual can bring about radical change.

COMPETITION: CANNOT HAVE SMALL CHANGES IN SCHOOL AND IMPLEMENT DESCHOOLING AT THE SAME TIME

PIECEMEAL CHANGES DO NOT SOLVE, ONLY DESCHOOLING WILL BRING ABOUT THE NECESSARY SOCIAL TRANSFORMATION

Ivan Illich professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000--hxm p. 105
	We are used to considering schools as a variable, dependent on the political and economic structure. If we can change the style of political leadership, or promote the interests of one class or another, or switch from private to public ownership of the means of production, we assume the school system will change as well. The educational institutions I will propose, however, are meant to serve a society which does not now exist, although the current frustration with schools is itself potentially a major force to set in motion change toward new social arrangements. An obvious objection has been raised to this approach: Why channel energy to build bridges to nowhere, instead of marshaling it first to change not the schools but the political and economic system?

WE MUST DENOUNCE OUR CURRENT SYSTEM IF WE ARE EVER GOING TO BE LIBERATED; IT IS OUR ONLY HOPE

Paulo Freire, Programme Unit Education and Communication of the World Council of Churches in Geneva and Professor, 1974; DESCHOOLING, ``Education: Domestication or Liberation?,`` edited by Ian Lister, EE2000-hxm p. 20
	Only education for liberation can be Utopian, and because it is Utopian, prophetic and hopeful. I cannot be prophetic or hopeful if my future is to be the repetition of a `well- conducted` present, or of this present simply `reformed` in some of its secondary aspects. Only those who are dominated can truly denounce and announce - denounce the world in which they exist but are forbidden to be, and announce the world in which they are able to be, and which demands their historical commitment in order for it to be brought into being. It is only they who have a future different from the present, an aspiration to be created and re-created. In their present as dominated beings can be found the plan of their liberation, which can be identified with the future which they must build.

WE MUST CONCEIVE OF NEW RELATIONAL STRUCTURES TO FACILITATE LEARNING

Ivan Illich professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000--hxm p. 111-112
	Someone who wants to learn knows that he needs both information and critical response to its use from somebody else. Information can be stored in things and in persons. In a good educational system access to things ought to be available at the sole bidding of the learner, while access to informants requires, in addition, others` consent. Criticism can also come from two directions: from peers or from elders, that is, from fellow learners whose immediate interests match mine, or from those who will grant me a share in their superior experience. Peers can be colleagues with whom to raise a question, companions for playful and enjoyable (or arduous) reading or walking, challengers at any type of game. Elders can be consultants on which skill to learn, which method to use, what company to seek at a given moment. They can be guides to the right questions to be raised among peers and to the deficiency of the answers they arrive at. Most of these resources are plentiful. But they are neither conventionally perceived as educational resources, nor is access to them for learning purposes easy, especially for the Poor. We must conceive of new relational structures which are deliberately set up to facilitate access to these resources for the use of anybody who is motivated to seek them for his education. Administrative, technological, and especially legal arrangements are required to set up such web-like structures.

COMPETITION: ``REFORM`` OF SCHOOLS IS ANATHEMA TO DECHOOLING PROPOSALS

SCHOOLS WILL BE REFORMED, BUT THEY WILL NEVER BE RADICALLY TRANSFORMED

Paulo Freire, Programme Unit Education and Communication of the World Council of Churches in Geneva and Professor, 1974; DESCHOOLING, ``Education: Domestication or Liberation?,`` edited by Ian Lister, EE2000-hxm p. 19
	For example, at the moment in which we see the educational act as the object of our critical reflection, and not as something we are merely aware of, we perceive that this act, temporally and spatially, does not restrict itself to the limitations of the description which the naive consciousness sometimes makes of it. That is to say, it is not constituted solely by the effort which societies make for its cultural preservation. If one considers the case of the dependent societies, education is on the one band the expression of their alienation, and on the other the instrument of a further alienation which is an obstacle to its being genuine. Thus the expression `cultural preservation`, for the critical consciousness, is vague and obscure, and conceals something which needs to be clarified. In fact, the vagueness of the expression cultural preservation` can be explained with exactness as the perpetuation of the values of the dominating classes who organize education and determine its aims. In that it constitutes a superstructure, systematic education functions as an instrument to maintain the infrastructure in which it is generated Hence the non-viability of its neutrality. When education is oriented toward this preser vation - and educators are not always aware of this - it is obvious that its task is to adapt new generations to the social system it serves, which can and must be reformed and modernized, but which will never be radically transformed.

BEFORE WE ADOPT ANY REFORM WE SHOULD EXPLORE NEW SOCIAL ALTERNATIVES TO SCHOOLING

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 16
	In contrast with these perspectives, I argue that the central problems with education in the United States are not pedagogical or organizational or social or cultural in nature but are fundamentally political. That is, the problem is not that we do not know how to make schools better but that we are fighting among ourselves about what goals schools should pursue. Goal setting is a political and not a technical problem. It is resolved through a process of making choices and not through a process of scientific investigation. The answer lies in values (what kind of schools we want) and interests (who supports which educational values) rather than apolitical logic. Before we launch yet another research center (to determine ``what works`` in the classroom) or propose another organizational change (such as school choice or a national curriculum), we need to engage in a public debate about the desirability of alternative social outcomes of schooling.

REFORMING THE SYSTEM WILL ONLY REIFY SINISTER SCHOOLS AND TOTALITARIAN TEACHERS

Ivan Illich professor at Claremont University, 1974; DESCHOOLING, ``Schooling: the Ritual of Progress,`` edited by Ian Lister, EE2000hxm p. 68
	If we opt for more and better instruction, society will be increasingly dominated by sinister schools and totalitarian teachers, Doctors, generals, and policemen will continue to serve as secular arms for the educator. There will be no winners in this deadly game, but only exhausted frontrunners, a straining middle sector, and the mass of stragglers who must  be bombed out of their fields into the rat race of urban life. Pedagogical therapists will drug their pupils more in order to teach them better, and students will drug themselves more to gain relief from the pressure of teachers and the race for certificates. Pedagogical warfare in the style of Vietnam will be increasingly justified as the only way of teaching people the value of unending progress.

 REFORM IS MERELY DEMAGOGUERY CALLING FOR MORE OF THE SAME

Ivan Illich professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000--hxm p. 107
	Even the piecemeal creation of new educational agencies which were the inverse of school would be an attack on the most sensitive link of a pervasive phenomenon, which is organized by the state in all countries. A political program which does not explicitly recognize the need for deschooling is not revolutionary; it is demagoguery calling for more of the same. Any major political program of the seventies should be evaluated by this measure: How clearly does it state the need for deschooling -and how clearly does it provide guidelines for the educational quality of the society for which it aims?

HOPE FOR REFORM IS MERELY ILLUSORY

Ivan Illich professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000--hxm p. 106-107
In other words, schools are fundamentally alike in all countries, be they fascist, democratic or socialist, big or small , rich or poor. This identity of the school system forces us to recognize the profound world-wide identity of myth, mode of production, and method of social control, despite the great variety of mythologies in which the myth finds expression.
In view of this identity, it is illusory to claim that schools are, in any profound sense, dependent variables. This means that to hope for fundamental change in the school system as an effect of convention ally conceived social or economic change is also an illusion. Moreover, this illusion grants the school-the reproductive organ of a consumer society-almost unquestioned immunity.

COMPETITION: TEACHERS AND DESCHOOLING DO NOT MIX

TEACHERS ONLY REINFORCE THE STATUS QUO, THEY ARE NEVER PROPONENTS OF CHANGE

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 5
A main function of teachers is to endorse the status quo, not to challenge it. The teacher is the first political figure a child  meets that is, a figure whose authority attaches to the office, not the person: a father dies and the child has lost his father; one teacher dies (or leaves) and another pops up to take his place.

 TEACHERS ENSURE THE STABILITY OF THE STATUS QUO

Michael Huberman, professor of pedagogy at the University of Geneva, 1974; DESCHOOLING, ``Learning, Democratizing and Deschooling,`` edited by Ian Lister, EE2000-hxm p. 55
	In brief, the school is used to provide the transition from family life to public life by cutting down variations in the behaviours which are important to the society and economy. Freire is correct to argue that the effect of the schools` transmission of `dead knowledge` is to domesticate rather than educate. But he does not seem to realise that this is intentional, just as the effort to make children depend on teachers and approved institutions for their learning is intentional. The so-called `de-humanisation` or stereotyped uniformity of the classroom is also intentional the idea being that children learn to see themselves as identical to others, as having none of the special rights they can claim in their own families.

COMPETITION: CANNOT HAVE VOUCHER-CHOICE PLAN AND DESCHOOLING

THE PROBLEM WITH VOUCHERS IS THAT THEY STILL MAKE IT OBLIGATORY TO SPEND THE VOUCHER ON INSTITUTIONAL EDUCATION PROVIDED BY SCHOOLS

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm P. 23-24
	The Jencks proposal, however, begins with the ominous statement that ``conservatives, liberals, and radicals have all complained at one time or another that the American educational System gives professional educators too little incentive to provide high quality education to most children.`` The Proposal condemns itself by proposing tuition grants which would have to be spent on schooling.

VOUCHERS ONLY INCREASE INEQUALITY BY DEPENDING ON THE INSTITUTION

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm P. 24
	This is like giving a lame man a pair of crutches and stipulating that he use them only if the ends are tied together. As the proposal for tuition grants now stands, it plays into the hands not only of the professional educators but of racists, promoters of religious schools, and others whose interests are socially divisive. Above all, educational entitlements restricted to use within schools play into the hands of all those who want to continue to live in a society in which social advancement is tied not to proven knowledge but to the learning pedigree by which it is supposedly acquired. This discrimination in favor of schools which dominates Jencks`s discussion on refinancing education could discredit one of the most critically needed principles for educational reform: the return of initiative and accountability for learning to the learner or his most immediate tutor.

WIDENING OF AVAILABLE CHOICES IN EDUCATION ONLY STRENGTHENS THE INSTITUTION

John Holt, school reformer and author, 1974; DESCHOOLING, ``Reformulations: a Letter Written After Two Weeks in Cuernavaca,`` edited by Ian Lister, EE2000-hxm p 44   
	In other words, to put this a-little differently, what now seems like a very great widening of the choices available to students could, in a very short time, become a new, high-priced, high-powered curriculum, available only to the most successful students. What`s really important is that nobody ought to have to prove that he has a right to see how the institutions of his government, society and economy work.

DESCHOOLING IS: OUTLINES OF A DESCHOOLED SOCIETY

APPROACHES KEY TO DESCHOOLING ARE REFERENCE SERVICES TO EDUCATIONAL OBJECTS, SKILL EXCHANGE, PEER MATCHING, AND REFERENCE SERVICES TO EDUCATORS AT LARGE

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000--hxm p. 112-113
	Educational resources are usually labeled according to educators` curricular goals. I propose to do the contrary, to label four different approaches which enable the student to gain access to any educational resource which may help him to define and achieve his own goals:
1. Reference Services to Educational Objectswhich facilitate access to things or processes used for formal learning. Some of these things can be reserved for this purpose, stored in libraries, rental agencies, laboratories, and showrooms like museums and theaters; others can be in daily use in factories, airports, or on farms, but made available to students as apprentices or on off-hours.
2. Skill Exchanges-which permit persons to list their skills, the conditions under which they are willing to serve as models for others who want to learn these skills, and the addresses at which they can be reached.
3. Peer-Matching--a communications network which permits persons to describe the learning activity in which they wish to engage, in the hope of finding a partner for the inquiry.
4. Reference Services to Educators-at-Iarge who can be listed in a directory giving the addresses and selfdescriptions of professionals, paraprofessionals, and free-lancers, along with conditions of access to their services. Such educators, as we will see, could be chosen by polling or consulting their former clients.

THREE THINGS A GOOD EDUCATIONAL SYSTEM WOULD PROVIDE

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 108
	A good educational system should have three purposes: it should provide all who want to learn with access to available resources at any time in their lives; empower all who want to share what they know to find those who want to learn it from them; and, finally, furnish all who want to present an issue to the public with the opportunity to make their challenge known. Such a system,would require the application of constitutional guarantees to education. Learners should not be forced to submit to an obligatory curriculum, or to discrimination based on whether they possess a certificate or a diploma. Nor should the public be forced to support, through a regressive taxation, a huge professional apparatus of educators and buildings which in fact restricts the public`s chances for learning to the services the profession is willing to put on the market. It should use modern technology to make free speech, free assembly, and a free press truly universal and, therefore, fully educational.

4 GOALS THAT AN EDUCATIONAL REVOLUTION MUST BE GUIDED BY

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 149-150
	On the other hand, the growing awareness on the part of governments, as well as of employers, taxpayers, enlightened pedagogues, and school administrators, that graded curricular teaching for certification has become harmful could offer large masses of people an extraordinary opportunity: that of preserving the right of equal access to the tools both of learning and of sharing with others what they know or believe. But this would require that the educational revolution be guided by certain goals:
1. To liberate access to things by abolishing the control which persons and institutions now exercise over their educational values.
2. To liberate the sharing of skills by guaranteeing freedom to teach or exercise them on request.
3. To liberate the critical and creative resources of people by returning to individual persons the ability to call and hold meetings-an ability now increasingly monopolized by institutions which claim to speak for the people.
4. To liberate the individual from the obligation to shape his expectations to the services offered by, any established profession-by providing  him with the opportunity to draw on the experience of his peers and to entrust himself to the teacher, guide, adviser, or healer Of his choice. Inevitably the deschooling of spcoety will blur the` distinctions between economics, education, and Politics on which the stability of the present world order and the stability of nations now rest.

THERE ARE SEVEN COMPONENTS OF A DESCHOOLED SCHOOL

Hartmut Von Hentig, professor of education at the University of Bielefeld, 1971; DESCHOOLING, ``Deschooling the School,`` edited by Ian Lister, EE2000-hxm p. 38
	The deschooled school can enable us to reach this goal. The characteristics of such a school would include:
1. It would restore genuine and open experience (i. e. it would not be artificially cut off from life).
2. It would restore the instrumental function of knowledge.
3. It would restore the dialectical relationship between knowledge and experience.
4. Learning would be organised in such a way as to provide opportunities for `teachers` and `educators` to act as helpers and mediators, and together to decide their own aims and methods. In this way they could become a model of what they themselves would like their students to be - enquiring, political, selfreliant people. Then the explicit curriculum would no longer be contradicted by the `hidden curriculum`.
5. It would enquire into major common problems so that the growing diversity and lack of immediacy in our society would not make us lose the capacity for working together and understanding each other. (Attendance at such a `compulsory school` could in the end be limited to a few months in the year.)
6. Around this common core of learning and experience it would offer a large range of choice, and in so doing it would provide a mechanism for criticising the educational system which was built into the system itself.
7. It would create a strategy for the transition from our present closed and almost total institutions to a system characterised by its openness, and its truly public systems of communication and cooperation. 

DESCHOOLING IS: EDU-CREDIT OR VOUCHER YOU CAN REDEEM IN ANY NUMBER OF DIFFERENT WAYS

DESCHOOLING IS AN ALTERNATIVE THAT PROMOTES THE ABOLITION OF COMPULSORY SCHOOLING AND REPLACES IT WITH A FREE-MARKET VOUCHER SYSTEM, EXCHANGE CENTERS, AND PEER AND SKILL MATCHING

Michael Huberman, professor of pedagogy at the University of Geneva, 1974; DESCHOOLING, ``Learning, Democratizing and Deschooling,`` edited by Ian Lister, EE2000-hxm p. 54
	This would send teachers, along with other certified specialists or professionals, into the educational marketplace. Theoretically, teachers could advertise their special training and skill at adapting learning tasks to different ages and abilities - a specific training to teach which neither a foreman nor an interpreter, for example, has - although some research suggests that untrained housewives can teach map school-related tasks as well as trained teachers. 

EDU-CREDITS WOULD GIVE PEOPLE THE OPPORTUNITY TO LEARN AT THEIR OWN FREE WILL

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm P. 20-21
	Right now educational credit good at any skill   center could be provided in limited amounts for people of all ages, and not just to the poor. I envisage such credit in the form of an educational passport or an ``educredit card`` provided to each citizen at birth. In order to favor the poor, who probably would not use their yearly grants early in life, a provision could be made that interest accrued to later users of cumulated ``entitlements.`` Such credits would permit most people to acquire the skills most in demand, at their convenience, better, faster, cheaper, and with fewer undesirable side effects than in school.

DESCHOOLING IS: END OF COMPULSORY AGE-RELATED SCHOOLING

PREVENTING SCHOOL FROM BEING MANDATORY IS ESSENTIAL TO REAL LEARNING

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 3
Free schools preserve the rhetoric of schooling in a yet more extreme form. According to Illich: `Free schools, which lead to further free schools in an unbroken chain of attendance, produce the mirage of freedom. Attendance as the result of seduction inculcates the need for specialized treatment more persuasively than reluctant attendance enforced by truant officers. 2 They push the classroom into the street, which itself takes on mystical qualities. They can be more manipulative than traditional schools, with leaders who speak of freedom and operate on charisma, encouraging guru-figures who, Pied Piper like, lead their charges over the hills and far away.

WE SHOULD ABOLISH THE IDEA OF ``SCHOOL AGE``

Ian Lister, Department of Education at the University of York, 1971; DESCHOOLING, ``Should Schools Survive?,`` EE2000-hxm p.88
	The concept of `school age` must be more and more open to question. Opportunities and readiness ,,,for learning will coincide more when we develop  `lifelong education`. Resources for learning, the chance to join voluntary groups, to master a particular skill at a skill centre (or through the agencies of a skill centre) should be available throughout a person`s whole life. This will weaken the obsession of peer group organisation which we have in most institutionalised education, and lessen the problems of youth culture and the generation gap. Vertical groupings will unite people in common enterprise. 

DESCHOOLING IS: AN END TO CERTIFICATION AND CREDENTIALISM

IN ORDER TO MAKE DISESTABLISHMENT OF SCHOOLS EFFECTIVE THERE NEEDS TO BE A LAW AGAINST DISCRIMINATION BASED ON PREVIOUS ATTENDANCE OR LACK THEREOF AT SOME CURRICULUM

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm P. 16
	To make this disestablishment effective, we need a law forbidding discrimination in hiring, voting, or admission to centers of learning based on previous attendance at some curriculum. This guarantee would not exclude. performance tests of competence for a function or role, but would remove the present absurd discrimination in favor of the person who learns a given skill with the largest expenditure of public funds or-what is equally likely-has been able to obtain a diploma which has no relation to any useful skill or job. Only by protecting the citizen from being disqualified by anything in his career in school can a constitutional disestablishment of school become psychologically effective.

CERTIFICATION PREVENTS JUSTICE OR LEARNING BECAUSE LEARNING BECOMES MERELY THE PURSUIT OF A DIPLOMA

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm P. 16
	Neither nor justice is promoted by schooling because educators insist on packaging instruction with certification. Learning and the assignment of social roles are melted into schooling. Yet to learn means to acquire a new skill or insight, while promotion depends on an opinion which others have formed. Learning frequently is the result of instruction, but selection for a role or category in the job market increasingly depends on mere length of attendance.

WE MUST INSTITUTIONALIZE LAWS WHICH MAKE IT ILLEGAL TO DISCRIMINATE BASED ON EDUCATIONAL PEDIGREE

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 131
	Fundamentally, the freedom of a universal skill exchange must be guaranteed by laws which per. mit discrimination only on the basis of tested skills and not on the basis of educational pedigree. Such a guarantee inevitably requires public control over tests which may be used to qualify persons for the job market. Otherwise, it would be possible to surreptitiously reintroduce complex batteries of tests at the work place itself which would serve for social selection. Much could be done to make skill-testing objective, e.g., allowing only the operation of specific machines or systems to be tested. Tests of typing (measured according to speed, number of errors, and whether or not the typist can work from dictation), operation of an accounting system or of a hydraulic crane, driving, coding into COBOL, etc., can easily be made objective.

DESCHOOLING IS: LEARNING WEBS CREATED COOPERATIVELY

LOCAL LEARNING NETWORKS WOULD BE THE BEST WAY TO ENCOURAGE PEOPLE TO LEARN

Herman H. Frese, no qualifications given, 1972; DESCHOOLING, ``Permanent Education --Dream or Nightmare?, ``edited by Ian Lister, EE2000-hxm p. 23

Instead of schools and multi-media systems, with their emphasis on task-oriented convergent learning, forcing pupils to submit to social conformity, my design consists of a local network of centres for learning and community development, using methods for self-study and group-work. Teachers are replaced by teams of subject- specialists and specialists in learning methods or tutors. To them must be added the aid by volunteers whose work in this respect is part of their own learning by means of helping others. Free information, if not locally available, is to be obtained from centralised sources according to local needs in which students and staff have an important say.

LEARNERS NEED LEADERSHIP TO FACILITATE LEARNING EXPLORATION AND PARENTS NEED GUIDANCE TOWARDS THE BEST EDUCATIONAL RESOURCES FOR THEIR CHILDREN

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 140-141
	Parents need guidance in directing their children on the road that leads to responsible educational independence. Learners need experienced leadership when they encounter rough terrain. These two needs are quite distinct: the first is a need for pedagogy, the second for intellectual leadership in all other fields of knowledge. The first calls for knowledge of human learning and of educational resources, the second for wisdom based on experience in any kind of exploration. Both kinds of experience are indispensable for effective educational endeavor. Schools package these functions into one role-and render the independent exercise of any of them if not disreputable at least suspect. 

OPERATORS OF EDUCATIONAL WEBS WOULD BE MORE LIKE MUSEUM OPERATORS THAN SCHOOL ADMINISTRATORS

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 141-142
	While an independent educational profession of this kind would welcome many people whom the schools exclude, it would also exclude many whom the schools qualify. The establishment and operation of educational networks would require some designers and administrators, but not in the numbers or of the type required by the administration of schools. Student discipline, public relations, hiring, supervising, and firing teachers would have neither place nor counterpart in the networks I have been describing. Neither would curriculum-making, textbook-purchasing, the maintenance of grounds and facilities, or the supervision of interscholastic athletic competition. Nor would child custody, lesson-planning, and record-keeping, which now take up so much of the time of teachers, figure in the operation of educa. tional networks. Instead, the operation of learning webs would require some of the skills and attitudes now expected from the staff of a museum, a library, an executive employment agency, or a maitre d`hotel.

NETWORK BUILDERS WOULD FACILITATE HELPING PEOPLE REACH THEIR OWN GOALS

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 142-143
	Today`s educational administrators are concerned with controlling teachers and students to the satisfaction of others-trustees, legislatures, and corporate executives. Network builders and administrators would have to demonstrate genius at keeping themselves, and others, out of people`s way, at facilitating encounters among students, skill models, educational leaders, and educational objects. Many persons now attracted to teaching are profoundly authoritarian and would not be able to assume this task: building educational exchanges would mean making it easy for people, especially the young, to pursue goals which might contradict the ideals of the traffic manager who makes the pursuit possible. 

DESCHOOLING INCLUDES THE ABOLITION OF A FIXED AND REQUIRED CURRICULUM AND REPLACES IT WITH A FLEXIBLE, SELF-DETERMINED ONE

John Holt, educational critic and author, 1969; DESCHOOLING, ``Schools are Bad Places for Kids,`` edited by Ian Lister, EE2000-hxm p. 43
	Some harder reforms. Abolish the fixed, required curriculum. People remember only what is interesting and useful to them, what helps make sense of the world or helps them enjoy or get along in it. All else they quickly forget, if they ever learn it at all. The idea of the `body of knowledge`, to be picked up at school and used for the rest of one`s life, is nonsense in a world as complicated and rapidly changing as ours. Anyway, the most important questions and problems of our time are not in the curriculum, not even in the hot-shot universities, let alone the schools. Check any university catalogue and see how many courses you can find on such questions as Peace, Poverty, Race, Environmental Pollution, and so on.

DESCHOOLING IS: USE OF INFORMATION TECHNOLOGIES TO NETWORK PEOPLE TOGETHER

TECHNOLOGY HAS INCREASED THE POTENTIAL TO LEARN OUTSIDE OF SCHOOL

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 7
	Modern technology has further increased the possi bilities of learning outside the school. Unlike the nineteenth century, our society is information- rich - with easy access for many to libraries, recordings, and sometimes even to skillcentres: newspapers and television spread news more quickly than ever before in history. The potential of information services via the telephone is only just beginning to be explored. Schools tend to invalidate things learned outside the school, declare them uneducational, or else regard them as a threat.

TECHNOLOGY GIVES US THE OPPORTUNITY TO BREAK FREE FROM INSTITUTIONS AND PROMOTE SELFMOTIVATED LEARNING

Robert M. Hutchins, former Chancellor of the University of Chicago, 1971; DESCHOOLING, ``Toward a Learning Society,`` edited by Ian Lister, EE2000-hxm p. 60
	Here technology can help us. The electronic de vices now available can make every home a learning unit, for all the family. All the members of the family might  be continuously engaged in learning. Teachers might function as visiting nurses do today and as physicians used to do. The new electronic devices do not eliminate the need for face-to-face instruction or for schools, but they enable us to shift attention from the wrong question, which is how can we get everybody in schools and keep him there as long as possible, to the right one, which is how can we give everybody a chance to learn all his life? The new technology gives a flexibility that will encourage us to abandon the old self-imposed limitations. They are that education is a matter for part of life, part of the year, or part of the day, that it is open in all its richness only to those who need it least, and that it must be conducted formally, in buildings designed for the purpose, by people who have spent their lives in schools, in accordance with an incomprehensible programme, the chief aim of which is to separate the sheep from the goats.

TECHNOLOGY IS AVAILABLE TO ESTABLISH INDEPENDENT LEARNING

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 110-111
	This network of tape recorders, of course, would be radically different from the present network of TV. It would provide opportunity for free expression: literate and illiterate alike could record, preserve, disseminate, and repeat their opinions. The present investment in TV, instead, provides bureaucrats, whether politicians or educators, with the power to sprinkle the continent with institutionally produced programs which they-or their sponsors decide are good for or in demand by the people.
	Technology is available to develop either independence and learning or bureaucracy and teaching.

INTERNET TECHNOLOGY CAN FACILITATE LEARNER ACCESS TO NECESSARY INFORMATION

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 109-110
	I will use the words ``opportunity web`` for 64 network`` to designate specific ways to provide access to each of four sets of resources. ``Network`` is often used, unfortunately, to designate the channels reserved to material selected by others for indoctrination, instruction, and entertainment But it can also be used for the telephone or the postal service, which are primarily accessible to individuals. who want to send messages to one another. I wish we had another word to designate such reticular structures for mutual access, a word less evocative of entrapment, less degraded by current usage and more suggestive of the fact that any such arrangement includes legal, organizational, and technical aspects. Not having found such a term, I will try to redeem the one which is available, using it as a synonym of ``educational web.``

COMPUTER TECHNOLOGY MAKES PEER MATCHING SIMPLE

Everett Reimer, no qualifications given, 1971; DESCHOOLING, ``Networks of People,`` edited by Ian Lister, EE2000-hxm p. 109-110
	 Fortunately, other communities of interest do not have to retrace the steps of science. Her example, as well as her products, make it possible to shortcut these steps. Today any area of interest can be so described that a computer can match the persons who share it. Learners in search of peers need only identify themselves and their interests in order to find matches in the neighbourhood, city, nation or world. The computer is not indispensable. In the neighbourhood a bulletin board will do, in the city a newspaper, in the nation a national magazine, in the world an international journal. All of these media and others are and should be used to find peer matches, but computers can make the matching easier and more flexible.

DESCHOOLING IS: ACCESS TO LEARNING SITUATIONS AND OBJECTS IN THE REAL WORLD

TO DESCHOOL, WE MUST OPEN UP THE ENVIRONMENT FOR LEARNING

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 120
	Not only the junk but also the supposedly public places of the modern city have become impenetrable. In American society, children are excluded from most things and places on the grounds that they are private. But even in societies which have declared an end to private property children are kept away from the same places and things because they are considered the special domain of professionals and dangerous to the uninitiated. Since the last generation the railroad yard has become as inaccessible as the fire station. Yet with a little ingenuity it should not be difficult to provide for safety in such places. To deschool the artifacts of education will require making the artifacts and processes available and recognizing their educational value. Certainly, some workers would find it inconvenient to be accessible to learners; but this Inconvenience must be balanced against the educational gains.

DESCHOOLING REQUIRES ENSURING ACCESS TO LEARNING RESOURCES

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 116
	If we are to deschool, both tendencies must be reversed. The general physical environment must be made accessible, and those physical learning resources which have been reduced to teaching instruments must become generally available for self-directed learning. Using things only as part of a curriculum can have an even worse effect than just removing them from the general environment. It can corrupt the attitudes of pupils. 

LEARNING REQUIRES ACCESS TO THINGS OR EDUCATIONAL OBJECTS

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 113-114
	Things are basic resources for learning. The quality of the environment and the relationship of a person to it will determine how much he learns incidentally. Formal learning requires special access to ordinary things, on the one hand, or, on the other, easy and dependable access to special things made for educational purposes. An example of the former is the special right to operate or dismantle a machine in a garage. An example of the latter is the general right to use an abacus, a computer, a book, a botanical garden, or a machine withdrawn from production and placed at the full disposal of students.

MOST LEARNING OCCURS OUTSIDE OF SCHOOL

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm P. 42
	We have all learned most of what we know outside school. Pupils do most of their learning without, and often despite, their teachers. Most tragically, the majority of men are taught their lesson by schools, even though they never go to school.

DESCHOOLING IS: SKILL MODELS AND SKILL SHARING

SKILL CENTERS COULD BREAK UP THE MONOPOLY OF SCHOOLS AND CERTIFICATION

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm P. 21
	Potential skill teachers are never scarce for long because, on the one hand, demand for a skill grows only with its performance within a community and, on the other, a man exercising a skill could also teach it. But, at present, those using skills which are in demand and do require a human teacher are discouraged from sharing these skills with others. This is done either by teachers who monopolize the licenses or by unions which protect their trade interests. Skill centers which would be judged by customers on their results, and not on the personnel they employ or the process they use, would open unsuspected working opportunities, frequently even for those who are now considered unemployable. Indeed, there is no reason why such skill centers should not be at the work place itself, with the employer and his work force supplying instruction as well as jobs to those who choose to use their educational credits in this way.

THERE SHOULD BE A DIRECTORY IN ORDER TO FACILITATE SKILL MODELLING

Everett Reimer, no qualifications given, 1971; DESCHOOLING, ``Networks of People,`` edited by Ian Lister, -EE2000-hxm p. 109
	Developing directories of skill models is not intrinsically difficult. Truly convenient and comprehensive directories might be so valuable, however, as to warrant considerable investment. Responsibility for developing and administering such directories should probably be vested in a public utility. Skill models willing to offer evidence of their skills would be offered free registration. Those who chose not to do this would, nevertheless, retain the freedom to make such arrangements as they could, using their own means of publicity.

CREATING A BANK FOR SKILL EXCHANGE WOULD PROMOTE SKILL SHARING

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 130
	A much more radical approach would be to create a ``bank`` for skill exchange. Each citizen would be given a basic credit with which to acquire fundamental skills. Beyond that minimum, further credits would go to those who earned them by teaching, whether they served as models in organized skill centers or did so privately at home or on the playground. Only those who had taught others for an equivalent amount of time would have a claim on the time of more advanced teachers. An entirely new elite would be promoted, an elite of those who earned their education by sharing it.

STU DENTS CAN LEARN SKILLS FROM SKILL TEACHERS

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 127
	A well-motivated student who does not labor under a specific handicap often needs no further human assistance than can be provided by someone who can demonstrate on demand how to do what the learner wants to learn to do. The demand made of skilled people that before demonstrating their skill they be certified as pedagogues is a result of the insistence either that people learn what they do not want to know or that all people-even those with a special handicaplearn certain things, at a given moment in their lives, and preferably under specified circumstances.

SKILL IMITATION IS ESSENTIAL TO LEARNING

Howard S. Becker, sociologist, 1972; DESCHOOLING, ``The School Myth,`` edited by Ian Lister, EE2000hxm p. 17
	It is this personal motivation that must be the core of education in the future. The basis of learning imitation: people who possess skills  and the ability and enthusiasm to teach them to others - must available to those who want to learn.

DESCHOOLING IS: PEER-MATCHING EDUCATIONAL NETWORKS

PEER MATCHING IS WHEN CHILDREN LEARN FROM ONE ANOTHER WHICH IS ESSENTIAL TO LEARNING

John Holt, educational critic and author, 1969; DESCHOOLING, ``Schools are Bad Places for Kids,`` edited by Ian Lister, EE2000-hxm p. 42-43
	Easier yet. Let children work to-ether, help each other, learn from each other and each other`s mistakes. We now know, from the experiences of many schools, rich suburban and poor city, that children are often the best teachers of other children. What is more important, we know that when a fifth or sixth grader who has been having trouble with reading starts helping a first grader, his own reading sharply improves. A number of schools, some rather tentatively and timidly, some more boldly, are beginning to use what some call Paired Learning. This means that you let children form partnerships with other children, do their work, even including their tests, together, and share whatever marks or results this work gets, just like the grown-ups in the real world. It seems` to work. One teacher, teaching slow sections in which no students were very able, reported that when children were working in pairs the partnership did better work than either of the partners had done before. As we might expect. This could be a way of showing what is perhaps the hardest of all teacher`s problems, getting children who have learned to protect their pride and selfesteem by the strategy of deliberate failure to give up that strategy and beg-in taking risks again.

DESCHOOLING WOULD GIVE CHILDREN THE OPPORTUNITY TO SEEK OUT PEERS FOR ANY INTEREST REGARDLESS OF WHAT ELSE THEY HAD IN COMMON

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 132
	At their worst, schools gather classmates into the same room and subject them to the same sequence of treatment in math, citizenship, and spelling. At their best, the) permit each student to choose one of a limited number of courses. In any case, groups of peers form around the goals of teachers. A desirable educational system would let each person specify the activity for which he sought a peer.
	School does offer children an opportunity to escape their homes and meet new friends. But, at the same time, this process indoctrinates children with the idea that they should select their friends from among those with whom the% are put together Providing the young from their earliest age with invitations to meet, evaluate, and seek out others would prepare them for a lifelong interest in seeking new partners for new endeavors.

A DESCHOOLED SOCIETY WOULD CONTAIN A PLETHORA OF EXCHANGE CENTERS WHERE PEOPLE WOULD BE FREE TO EXCHANGE THEIR KNOWLEDGE WITH OTHERS

Howard S. Becker, sociologist, 1972; DESCHOOLING, ``The School Myth,`` edited by Ian Lister, EE2000hxm p. 17
	Abolishing compulsory schooling does not mean an abdication on the part of the state: far from it. The problems it will soon face - is facing, indeed - are of a massive `leisured` (= unemployed) class, which will include kids as well as adults. All these people must be given the opportunity to explore and expand their knowledge of what interests them. The father who is a carpenter may teach his children his trade better, he would teach anyone who came to him, and he and his children would learn together about biology, or greyhounds, or whatever they felt like. Such learning would proceed by means of the exchange of information: there would be places - school buildings, for example - where those who knew came to trade knowledge, and to answer questions from those who didn`t know. And if this simple idea sounds ridiculous, consider the `specialist` clubs for those interested in photography, stamps, bicycling, or whatever. They work on an exchange of information and a two-way flow of interest between members. That is how education could be a lifelong pursuit. 

OLD SCHOOL BUILDINGS COULD BE USED FOR PEER MATCHING FACILITIES

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p.-135
	The ability of service institutions to acquire clients has far outgrown the ability of individuals to be heard independently of institutional media, which respond to individuals only if they are salable news. Peermatching facilities should be available for individuals who want to bring people together as easily as the village bell called the villagers to council. School buildings--of doubtful value for conversion to other uses-could often serve this purpose.

MEASURES COULD BE TAKEN TO REDUCE THE RISKS OF ABUSE OF PEER MATCHING SYSTEM

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 136-137
	W must, of course, recognize the probability that such public matching devices would be abused for exploitative and immoral purposes, just as the telephone and the mails have been so abused. As with those networks, there must be some protection. I have proposed elsewhere a matching system which would allow only perti. nent printed information, plus the name and address of the inquirer, to be used. Such a system would be virtually foolproof against abuse. Other arrangements   could allow the addition of any book, Alm, TV program, or other item quoted from a special catalogue. Concern about the dangers of the system should not make us lose sight of its far greater benefits.

DESCHOOLING IMPACT: SCHOOLING SYSTEM MAKES EVERYTHING IN OUR SOCIETY WORSE

SCHOOLING ONLY MAKES SOCIETAL PROBLEMS WORSE

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 8
	Schools can do relatively little to promote equality as the ways to greater equality lie more outside schools, with access to jobs, housing, transportation and health services, and through political action, legislation, and changed social organisation. Schools, however, can deny to many the opportunities of changing their lot by failing to offer `hard knowledge`, particularly the knowledge of political economy, and instead offering, to majorities either mandarin knowledge - which does not relate to their lives, and whose use they cannot see - or the consolations of therapy.

COMPULSORY SCHOOLING IS COUNTERPRODUCTIVE

John Holt, educational critic and author, 1969; DESCHOOLING, ``Schools are Bad Places for Kids,`` edited by Ian Lister, EE2000-hxm p. 42
	To keep kids in school who would rather not be there costs the schools an enormous amount of time and trouble, to say nothing of what it costs to repair the damage that these angry and resentful prisoners do whenever they get the -chance. Every teacher knows that any kid in class who, for whatever reason, would rather not be there, not only doesn`t learn anything himself but makes learning harder for anyone else.

DESCHOOLING IMPACT: SCHOOL IS REALLY A PRISON

THE SCHOOL IS A PRISON

[an Lister, Department of Education at the University of York, 1971; DESCHOOLING, ``Should Schools Survive?,`` EE2000-hxm p. 85-86
	The school as prison; the headmaster is the prison governor; the teachers are warders (one of the two things for which they can be dismissed is failing to check the list of the Prisoners); the prisoners are the pupils, in the obvious instance, but the teachers are prisoners too. Pupils have to attend by law (the `raising of the school leaving age` is, for some pupils, the `raising of the school staying age`). Attendance is compulsory by law, during most of daylight hours (for teachers as well as pupils in state schools). 

SCHOOLS ARE COMPARABLE TO PRISONS AND OTHER OPPRESSIVE INSTITUTIONS

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 1
	Paul Goodman and Ivan Illich have compared schools-to prisons, hospitals, asylums, and the church. These all have their supervisors and mediators and, in the case of the first three now and the church when attendance was compulsory, their inmates. They all offer value- packages. They all have their own institutional logic.

SCHOOL IS A PRISON THAT BREEDS MISTRUST AND INDIFFERENCE

John Holt, educational critic and author, 1969; DESCHOOLING, ``Schools are Bad Places for Kids,`` edited by Ian Lister, EE2000-hxm p. 42
	In these dull, ugly, and inhuman places, where nobody ever says anything either very true or truthful, where everybody is playing a kind of role, as in a charade, where the teachers are no more free to respond openly and honestly to the students than the students are free to respond to the. teachers or each other, where the air practically vibrates with suspicions and anxiety, the child learns to live in a kind of daze, saving his energies for those small parts of his life that are too trivial for the `adults to bother with and thus remain his. Even the students who learn to beat the system, one might say especially those who beat it  , despise it, and often despise them selves for giving in to it. It is a rare child indeed who can come through his schooling, with much left of his curiosity, his independence, or his sense of his own dignity, competence, and worth.

DESCHOOLING IMPACT: THE HIDDEN CURRICULUM BRAINWASHES STUDENTS

SCHOOLS AND PROFESSIONALS REINFORCE THE HIDDEN CURRICULUM

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 7
	Often social scientists, curriculum and community developers  have been used by governments (or government agencies) to treat the illnesses (or the symptoms of the illnesses) of modern society. As systems- maintenance men they have subjected education to the language of systems- engineering - of `inputs` and `outputs~ , flows, and `feedbacks`: dominated by the image of the production-line they. have broken the curriculum and teaching down into component parts, and treated both learning and people as commodities to be produced. They have determined other people`s interests and needs and engineered environments for others to live in. Generally speaking they have reinforced rather than questioned the hidden curriculum.

SCHOOLS TEACH A HIDDEN CURRICULUM OF LEARNING

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 7
	Schools, claims Illich, teach the hidden curriculum of schooling. Thus those teachers are right who say that schools teach something other than what most people think they teach. But it is also true that teachers `know not what they do`. Most of them are social workers, and political educators, without knowing it. As Robert Silman has written about doctors, so with teachers: they `confuse for themselves, as well as for others, the knowledge they have with the social role they enact`.

THE HIDDEN CURRICULUM OF SCHOOL TEACHES CHILDREN THAT USEFUL KNOWLEDGE CAN ONLY BE ACQUIRED BY PROFESSIONAL TEACHING AND COMPULSORY SCHOOLING

Ivan Illich, professor at the Claremont McKenna College, September/October 1971; SOCIAL POLICY, ``After Deschooling, what?,`` EE2000--hxm p. 7
	The hidden curriculum  teaches all children that economically valuable knowledge is the result of professional teaching and that social entitlements depend on the rank achieved   in a bureaucratic process.
	The hidden curriculum transforms the explicit curriculum  into a commodity and makes its acquisition the securest form of weath. Knowledge certificatesunlike property rights, corporate stock, or family inheritance-are free from challenge. They withstand sudden changes of fortune. They convert into guaranteed privilege. That high accumulation of knowledge should convert to high personal consumption might be challenged in North Vietnam or Cuba, but school is universally accepted as the avenue to greater power, to increased legitimacy as a producer, and to further learning resources. 

THE HIDDEN CURRICULUM TEACHES CHILDREN DEPENDENCE ON THE INSTITUTION AND DEMEANS ANY OF THE CHILD`S OWN KNOWLEDGE AND CREATIVITY

Neil Postman, no qualifications given, January/February 1972; SOCIAL POLICY, ``My Ivan Illich Problem,`` EE2000--hxm p. 34
	Passive acceptance is a more desirable response to ideas than active criticism. Discovering knowledge is beyond the power of students and is, in any case, none of their business. Recall is the highest form of intellectual achievement, and the collection of unrelated ``facts`` is the goal of education. The voice of authority is to be -trusted and valued more than independent judgment. One`s own ideas and those of one`s classmates are inconsequential. Feelings are irrelevant in education. There is always a single, unambiguous Right Answer to a question. English is not History and History is not Science and Science is not Art and Art is not Music, and Art and Music are minor subjects and English, History and Science major subjects, and a subject is something you ``take`` and, when you have taken it, you have ``bad`` it, and if you have `had`` it, you are immune and need not take it again. (The Vaccination Theory of Education?)

DESCHOOLING IMPACT: CREATES DEPENDENCE ON INSTITUTIONS

SCHOOL LEADS TO DEPENDENCE ON OTHER INSTITUTIONS WHICH IS ONLY SOCIALLY REGRESSIVE

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm P. 56-57
	Once a man or woman has accepted the need for school he or she is easy prey for other institutions. Once young people have allowed their imaginations to be formed by curricular instruction, they are conditioned to institutional planning of every sort. ``Instruction`` smothers the horizon of their imaginations. They cannot be betrayed, but only short-changed, because they have been taught to substitute expectations for hope. They will no longer be surprised, for good or ill, by other people, because they have been taught what to expect from every other person who has been taught as they were. This is true in the case of another person or in the case of a machine.
	This transfer of responsibility from self to institution guarantees social regression, especially once it has been accepted as an obligation. So rebels against Alma Mater often ``make it`` into her faculty instead of growing into the courage to infect others with their personal teaching and to assume responsibility for the result& This suggests the possibility of a. new Oedipus story---oedipus the Teacher who ``makes`` his mother in order to engender children with her. The man addicted to being taught seeks his security in compulsive teaching. The woman who experiences her knowledge as a result of a process wants to reproduce it in others.

SCHOOLS REINFORCE DEPENDENCE

Sherman Dorn, Assistant Professor of Special Education at Peabody College of Vanderbilt University, 1996; CREATING THE DROPOUT: AN INSTITUTIONAL AND SOCIAL HISTORY OF SCHOOL FAILURE, EE2000hxm p. 133-134
	The creation of the dropout as a social problem represents, ultimately, one sign of our society`s discomfort with dependency. For more than 100 years, North Americans have built institutions and age norms to obscure and rationalize the existence of dependents, the large number of people not in the labor force. The expansion of high schools represents one of the best successes of that strategy, with its dominance of adolescence and the growing expectation that everyone should graduate. That success led to criticism of high schools because the new expectation implied that those who did not graduate were problems. The way the dropout stereotype developed, with suggestions of imminent criminality and dependency on the part of dropouts, reinforced the belief that schooling was necessary to prevent dependency---even though full-time schooling represents guaranteed dependency for a large portion of a person`s life. Schools` failure to prevent dropping out also suggests that age norms and age-related institutions have failed to resolve our collective concerns about dependency.

SCHOOL ALIENATES PEOPLE FROM THEMSELVES AND TEACHES THEM TO BE DEPENDENT ON INSTITUTIONS

John Holt, educational critic and author, 1969; DESCHOOLING, ``Schools are Bad Places for Kids,`` edited by Ian Lister, EE2000-hxm p. 39-40
	The child soon learns not to ask questions: the teacher isn`t there to satisfy his curiosity. Having learned to hide his curiosity, he later learns to be ashamed of it. Given no chance to find out who he is, and to develop that person, whoever it is, he soon comes to accept the adults` evaluation of him. Like some highly advantaged eighth graders I once talked with in a high-powered private school, he thinks of himself, `I am nothing, or if something, something bad; I have no interests or concerns except trivial ones, nothing that I like is any good, for me or anyone else; any choices or decisions I make will be stupid; my only hope of surviving in this world is to cling to some authority and do what he says.

ACCEPTING THE NEED FOR SCHOOL PERPETUATES DEPENDENCE ON INSTITUTIONS

Ivan Illich, professor at Claremont University, 1974; DESCHOOLING, ``Schooling: the Ritual of Progress,`` edited by Ian Lister, EE2000hxm p. 65
	Once a man or woman has accepted the need for school, he or she is easy prey for other institutions. Once young people have allowed their imaginations to be formed by curricular instruction, they are conditioned to institutional planning of every sort. `Instruction` smothers the horizon of their imaginations. They cannot be betrayed, but only short-changed, because they have been taught to substitute expectations for hope. They will no longer be surprised for good or ill by other people, because they have been taught what to expect from every other person who has been taught as they were. This is true in the case of another person or in the case of a machine. 

 DESCHOOLING IMPACT: SCHOOL CREATES A NATION OF SLAVES, READY TO BE CONTROLLED

SCHOOL TEACHES CHILDREN HOW TO BE SLAVES

John Holt, educational critic and author, 1969; DESCHOOLING, ``Schools are Bad Places for Kids,`` edited by [an Lister, EE2000-hxm p. 40
	There is much fine talk in schools about Teaching Democratic Values. What the children really learn is Practical Slavery. How to suck up the boss. How to keep out of trouble, and get other people in. `Teacher, Billy is...  Set into mean-spirited competition against other children, he learns that every man is the natural enemy of every other man. Life, as the strategists say, is a zero-sum game: what one wins, another must lose, for every winner there must be a loser. (Actually, our educators, above all our so-called and self-styled prestige universities, have turned education into a game in which for every winner there are about twenty losers. ) He may be allowed to work on `committees` with other children, but always for some trivial purpose. When important work is being done - important to the school - then to help anyone else, or get help, is called `cheating`. 

THE SOCIALIZATION OF CHILDREN INTO STEREOTYPED UNIFORMITY IS AN INTENTIONAL EFFORT TO IMPLEMENT SOCIAL CONTROL

Michael Huberman, professor of pedagogy at the University of Geneva, 1974; DESCHOOLING, ``Learning, Democratizing and Deschooling,`` edited by Ian Lister, EE2000-hxm p. 55
	Thus some of the apparent deficits of the primary school - dependence on external motivation, lack of independence, uniformity, arbitrary use of authority - are actually part of its objectives and serve a deliberate purpose. This is why there will continue to be a kind of unidentified but, powerful resistance to deschooling up to the age of 12 or 14. 

SCHOOLS USE COMPULSORY SCHOOLING AS A FORM OF SOCIAL CONTROL

Michael Huberman, professor of pedagogy at the University of Geneva, 1974; DESCHOOLING, ``Learning, Democratizing and Deschooling,`` edited by Ian Lister, EE2000-hxm p. 55
	 This means that teachers are value-bearers as well as instructors. Their task is to pass on, by example and training, certain moral values and standards of conduct - to enculturate as well as to educate. one of their chief functions is to narrow the child`s perceptual field, to put out of his mind ideas and behaviours not selected for his perceptions by the dominant culture. The teacher helps to ensure the stable functioning of society by making certain that there are a number of shared behaviours in all future members.

IT IS A DO OR DIE SCENARIO--WE MUST DESCHOOL OR FACE INEVITABLE OPPRESSION UNDER THE CURRENT SYSTEM

Ivan Illich, professor at Claremont University, 1974; DESCHOOLING, ``Schooling: the Ritual of Progress,`` edited by [an Lister, EE2000hxm p. 68
	The risks of a revolt against school are unforeseeable, but they are not as horrible as those of a revolution starting in any other major, institution. School is not yet organised for self-protection as effectively as a nation-state, or even a large corporation. Liberation from the grip of schools could be bloodless. The weapons of the truant officer and his allies in the courts and employment agencies might take very cruel measures against the individual offender, especially if he or she were poor, but they might turn out to be powerless against the surge of a mass movement.

SCHOOL IS ENSLAVING MORE THAN OTHER INSTITUTIONS BECAUSE IT IS THE ONLY INSTITUTION ACCREDITED TO LIBERATE BUT IT CAN NEVER LIBERATE ONE FROM SCHOOL ITSELF

Ivan Illich, professor at Claremont University, 1974; DESCHOOLING, ``Schooling: the Ritual of Progress,`` edited by Ian Lister, EE2000hxm p. 67-68
	Of course, school is not, by any means, the only modern institution which has as its primary purpose the shaping of man ` s vision of reality. Advertising, mass media, and the design components of engineered products play their part in` the institutional manipulation of man`s demands. But school enslaves more profoundly and more systematically, since only school is credited with the principal function of forming critical judgement and, paradoxically, tries to do so by making learning about oneself, about others, and about nature depend on a prepackaged process. School touches us so intimately that none of us can expect to be liberated from it by something else.

DESCHOOLING IMPACT: SCHOOL CREATES AN UNEQUAL AND POLARIZED SOCIETY

SCHOOL PERPETUATES INEQUALITY

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 8
	School systems generally have served not to promote equality, but to legitimise inequality.  Like religion, schooling has provided `the theodicy of good fortune for those who are fortunate`, and has offered either expulsion or consolation to the oppressed.

COMPULSORY SCHOOLING IS ONLY INCREASING INEQUALITY, ELITISM, AND VIOLENCE

Howard S. Becker, sociologist, 1972; DESCHOOLING, ``The School Myth,`` edited by Ian Lister, EE2000hxm p. -1-7
	All this may sound a bit romantic. But consider the imminent breakdown in education - as well as that in employment to which education has traditionally been linked. You don`t need a confusion of statistics to know that there aren`t enough teachers, that the quality of education is declining, especially in schools peopled by the poor, that resentment at the compulsion of school is showing in increasing violence - the number of delinquents of school age is increasing compared to those who have left school and that, with increasing unemployment, we are hurtling backward towards the elitism that universal schooling was supposed to eliminate. As for the purpose that leftwing cynics have always accused schooling of serving, that of simply providing technical expertise for the managerial society, technology is simply moving too fast for rigid institutions like schools to adapt to it.

SCHOOL PERPETUATES INEQUALITY

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 8 
	Even in England, where the influence of the nineteenth-century public schools has gone into the grammar and the comprehensive  schools, the strange truth is beginning to dawn: ruling elites did not become ruling elites because they went to public schools: the reverse was the case public schools were places where ruling elites sent their sons. Sadly, the evidence is that the centuries of mass school systems have seen growing inequalities, both within countries (the USA has its own Third World and Canada its `.grey belts`) and on a world scale.``

INSTEAD OF CREATING EQUAL OPPORTUNITY, SCHOOLS MONOPOLIZE EDUCATION AND ONLY WIDEN THE GAP BETWEEN THE PRIVILEGED AND THE UNPRIVILEGED

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm P. 17
	Curriculum has always been used to assign social rank. At times it could be prenatal: karma ascribes you to a caste and lineage to the aristocracy. Curriculum could take the form of a ritual of sequential sacred ordinations, or it could consist of a succession of feats in war or hunting, or further advancement could be made to depend on a series of previous princely favors. Universal schooling was meant to detach role assignment from personal life history: it was meant to give everybody an equal chance to any office. Even now many people wrongly believe that school ensures the dependence of public trust on relevant learning achievements. However, instead of equalizing chances, the school system has monopolized their distribution.

OBLIGATORY SCHOOLING POLARIZES SOCIETY

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm P. 13
	Obligatory schooling inevitably Polarizes a society; it also grades the nations of the world according to an international caste system.. Countries are rated like castes whose educational dignity is determined by the average years of schooling of its citizens, a rating which is closely related to per capita gross national product, and much more painful.

BOTH THE RICH AND THE POOR NEED TO DESCHOOL

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 3
	Not only education but social reality itself has become schooled. it costs roughly the same to school both rich and poor in the same dependency. The yearly expenditure per pupil in the slums and in the rich suburbs of any one of twenty U.S. cities lies in the same range-and sometimes is favorable to the poor.* Rich and poor alike depend on schools and hospitals which guide their lives, form their world view, and define for them what is legitimate and what is not. Both view doctoring oneself as irresponsible, learning on one`s own as unreliable, and community organization, when not paid for by those in authority, as a form of aggression or subversion. For both groups the reliance on institutional treatment renders independent accomplishment suspect. The progressive underdevelopment of self- and community-reliance is even more typical in Westchester than it is in the northeast of Brazil. Everywhere not only education but society as a whole needs ``deschooling.``

DESCHOOLING CREATES LEARNING: SCHOOL HAS STOPPED US FROM LEARNING

THE REASON WE BELIEVE SO DEEPLY THAT WE NEED SCHOOL IS BECAUSE SCHOOL HAS TAUGHT US THAT WE NEED IT SO THAT IT COULD MAINTAIN ITS PRIVILEGED STATUS

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm P. 41-42
	Institutional wisdom tells us that children  need school. Institutional wisdom tells us that children learn in school. But this institutional wisdom is itself the product of schools because sound common sense tells us that only children can be taught in school. Only by segregating human beings in the category of childhood could we ever get them to submit to the authority of a schoolteacher.

SCHOOL CONFUSES THE PROCESS OF EDUCATION WITH THE SUBSTANCE OF LEARNING

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 1
	Many students, especially those -who are poor, intuitively know what the schools do for them. They school them to confuse process and substance. Once these become blurred, a new logic is assumed: the more treatment there is, the better are the results; or, escalation leads to success. The pupil is thereby ``schooled`` to confuse teaching with learning; grade advancement with education, a diploma with competence, and fluency with the ability to say something new. His imagination is ``schooled`` to accept service in place of value. Medical treatment, is mistaken for health care, social work for the improvement of community life, police protection for safety, military poise for national security, the rat race for productive work. Health, learning, dignity, independence, and creative endeavor are defined as little more than the performance of the institutions which claim to serve these ends, and their improvement is made to depend on allocating more resources to the management of hospitals, schools, and other agencies in question.

INSTITUTIONS HAVE KEPT US FROM LEARNING

Robert M. Hutchins, former Chancellor of the University of Chicago, 1971; DESCHOOLING, ``Toward a Learning Society,`` edited by Ian Lister, EE2000-hxm p. 60
	In such a society the role of educational institutions would be to provide for what is notably missing from them today, and that is the interaction of minds. Eventually these institutions would not be `processing anybody for anything or awarding diplomas or degrees. The search for what have been called sheepskins to cover our intellectual nakedness, which has been necessary to gain status in an industrial society, has held back learning.

DESCHOOLING WOULD OPEN UP THE PRIVATE WORLD FOR LEARNING AND WOULD BREAK DOWN POLITICAL AND INSTITUTIONAL BARRIERS

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 124-125
	In a world which is controlled and owned by nations and corporations, only limited access to educational objects will ever be possible. But increased access to those objects which can be shared for educational purposes may enlighten us enough to help us to break through these ultimate political barriers. Public schools transfer control over the educational uses of objects from private to professional hands. The institutional inversion of schools could empower the individual to reclaim the right to use them for education. A truly public kind of ownership might begin to emerge if private or corporate control over the educational aspect of ``things`` were brought to the vanishing point.

DESCHOOLING CREATES LEARNING: SELF-DIRECTED LEARNING IS ALWAYS BETTER THAN DIRECTED LEARNING

SELF-DIRECTED AND UNGRADED LEARNING IS THE MOST PRODUCTIVE

Clifford H. Edwards, Laurie Edwards, The Clearing House May 1, 1999; Pg. 260; HEADLINE: Let`s end the grading game; grading and marking of students  // acs-VT2000
	Self-directed, constructivist learning has become a more accepted view of learning. It explains that children learn by constructing their own meaning, as opposed to the traditional view that they simply absorb information. Grading interferes with this natural, constructivist process and may be responsible for many of the learning problems experienced by children in school (Fosnot and Twomey 1996; Osborne and Wittrock 1983). Without traditional tests and grades, student work could be evaluated in a more authentic way through portfolios, displays, research projects, and the like. More self-evaluation by students would thus be encouraged. 

ABOLISHING COMPULSORY SCHOOLING PROMOTES SELF-MOTIVATED LEARNING

Michael Huberman, professor of pedagogy at the University of Geneva, 1974; DESCHOOLING, ``Learning, Democratizing and Deschooling,`` edited by [an Lister, EE2000-hxm p. 55
	The problem of motivation. With an end to compuIsory schooling all learning becomes self-motivation.  One of the most emphatic arguments of deschooling theorists is that children`s intrinsic motivation for learning is erased at school, where all instruction is mediated by extrinsic rewards and punishments. The implication is that, were schools removed, the child`s natural curiosity would ensure his learning the basic repertoire of skills and knowledge.

WE SHOULD ENCOURAGE SELF-LEARNING

Ian Lister, Department of Education at the University of York, 1971; DESCHOOLING, ``Should Schools Survive?,`` EE2000-hxm p.88
	We  should encourage self-learning (autodidactism) by producing appropriate teaching materials and by creating opportunities for those autodidacts who want it to come too-ether in groups, to discuss and to work in common enterprise.

WE SHOULD ENCOURAGE VOLUNTARY GROUPINGS

Ian Lister, Department of Education at the University of York, 1971; DESCHOOLING, ``Should Schools Survive?,`` EE2000-hxm p.87
	We should encourage voluntary groupings (such as the playgroup movement) with financial support. We should encourage a variety of voluntary enterprises and alternatives (voluntary workshop groups, discussion groups, etc. )

CHILDREN WILL LEARN THINGS WHEN THEY NEED TO

John Holt, educational critic and author, 1969; DESCHOOLING, ``Schools are Bad Places for Kids,`` edited by Ian Lister, EE2000-hxm p. 43
	The adults say, `Suppose they don`t learn something they will need later?` The time to learn something is when you need it; no one can know what he will need to learn in the future; much of the knowledge we will need 20 years from now may not even exist today.

PEOPLE LEARN BETTER WHEN THEY LEARN AT THEIR OWN PACE

Howard S. Becker, sociologist, 1972; DESCHOOLING, ``The School Myth,`` edited by Ian Lister, EE2000hxm p. 17
	Most people learn better when they can pursue their own interests at their own pace. The few progressive primary schools are an example of this, being places where there is a lot of stuff that might interest different kids, plus people who know about this stuff and who can help an interested kid towards further discovery. A. S. Neill`s Summerhill is an obvious champion of this method, as are adventure playgrounds, and - for some - the privileges of scientific research, where those students who have shown ability for the tasks in hand are allowed a free run of the labs and access to those who know more than they do.

DESCHOOLING CREATES LEARNING: EDUCATIONAL ADVISORS CAN HELP PEOPLE MAP OUT THEIR EDUCATIONAL EXPERIENCES

PEDAGOGY IN A DESCHOOLED SOCIETY WOULD HELP STUDENTS FIND THE PATH THAT BEST GETS THEM TO THEIR GOAL

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 143-144
	While network administrators would concentrate  primarily on the building and maintenance of roads providing access to resources, the pedagogue would help the student to find the path which for him could lead fastest to his goal. If a student wanted to learn spoken Cantonese from a Chinese neighbor, the pedagogue would be available to judge their proficiency, and to help them select the textbook and methods most suitable to their talents, -character, and the time available for study. He could counsel the would-be airplane mechanic on finding the best places for apprenticeship. He could recommend books to somebody who wanted to find challenging peers to discuss African history. Like the network administrator, the pedagogical counselor would conceive of himself as a professional educator. Access to either could be gained by individuals through the use of educational vouchers.

THERE IS A ROLE FOR AN EDUCATIONAL LEADER IN A DESCHOOLED SOCIETY

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 144
	The role of the educational initiator or leader, the master or ``true` leader, is somewhat more elusive than that of the professional administrator or the pedagogue. This is so because leadership is itself hard to define. In practice, an individual is a leader if people follow his initiative and become apprentices in his progressive discoveries. Frequently, this involves a prophetic vision of entirely new standards-quite understandable today -in which present ``wrong`` will turn out to be It right.`` In a society which would honor the right to call assemblies through peer-matching, the ability to take educational initiative on a specific subject would be as wide as access to learning itself. But, of course, there is a vast difference between the initiative taken by someone to call a fruitful meeting to discuss this essay and the ability of someone to provide leadership in the systematic exploration of its implications.

COMPETITION IN A DESCHOOLED SOCIETY AMONG TEACHERS WILL IMPROVE THEIR QUALITY OF TEACHING

Michael Huberman, professor of pedagogy at the University of Geneva, 1974; DESCHOOLING, ``Learning, Democratizing and Deschooling,`` edited by Ian Lister, EE2000-hxm   p. 55
	Illich`s point is well taken that to equate equal educational opportunity with obligatory schooling is to confuse salvation with the Church. With this third alternative, compulsory public schooling would be abolished. All the funds earmarked for formal education would be channelled directly to parents by means of an educational account until the children were able to choose wisely for themselves among the various facilities for learning which would spring up. Presumably, each child would receive the same amount. He would use up his credits or vouchers in accredited institutions or with certified tutors. Schools as we know them would disappear into a host of private institutions competing for the vouchers by offering more specialised services. `Schools would stand, adjust or fail according to the satisfaction they gave their clients. Other educational institutions would develop in accordance with their ability to satisfy client needs. Learners would choose between learning on the job and fulltime learning, among the skills they wanted to learn, at what age they wanted to use their educational resources, and how.` As Illich has suggested, a central computerised reference service could match those seeking skills or services with those offering them.

DESCHOOLING CREATES LEARNING: LEARNING WILL BE ENHANCED WHEN IT IS TAKEN INTO THE WORLD

AN OPEN SOCIETY WHERE PEOPLE COULD BE FREE TO OBSERVE OTHERS PERFORMING THEIR SKILLS WOULD BE FAIRLY SIMPLE

Howard S. Becker, sociologist, 1972; DESCHOOLING, ``The School Myth,`` edited by Ian Lister, EE2000hxm p. 17
	More than that, the workings of the community itself would have to be opened to inspection, so that those whose interests lie towards civic work, journalism, banking, buying and selling` would be able to see these jobs being performed. This is no more revolutionary than proposing that what the taxpayer pays for should be open to inspection by him or her, and it need be no more `inconvenient` than a steady increase in the Open Days that are offered by the armed services, hospitals, jails, schools, police and fire stations, and so  on.

MOST KNOWLEDGE IS ACQUIRED OUTSIDE OF THE CLASSROOM

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm P. 18
	A second major illusion on which the school system, rests is that most learning is the result of teaching. Teaching, it is true, may contribute to certain kinds of learning under certain circumstances. But most -people acquire most of their knowledge outside school, and in school only insofar as school, in a few rich countries, has become their place of confinement during an increasing part of their lives.
	Most learning happens casually, and even most intentional learning is not the result of programmed instruction. Normal children learn their first language casually, although faster if their parents pay attention to them. Most people who learn a second language well do so as a result of odd circumstances and not of sequential teaching. They go to live with their grandparents, they travel, or they fall in love with a foreigner. Fluency in reading is also more often than not a result of such extracurricular activities. Most people who read widely, and with pleasure, merely believe that they learned to do so in school; when challenged, they easily discard this illusion.

OBLIGATORY SCHOOLING DIVIDES SOCIAL REALITY SUCH THAT EVERYTHING OUTSIDE OF SCHOOL IS LABELLED UNEDUCATIONAL

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm P. 35
	 The very existence of obligatory schools divides any society into two realms: some time spans and processes and treatments and professions are ``academic`` or ``pedagogic,`` and others are not. The power of school thus to divide social reality has no boundaries: education becomes unworldly and the world becomes noneducational.

CHILDREN SHOULD BE ABLE TO MAKE SENSE OF THE WORLD IN THEIR OWN WAY WITHOUT BEING DEPENDENT ON EXPERTS TO DECIPHER IT FOR THEM

John Holt, educational critic and author, 1969; DESCHOOLING, ``Schools are Bad Places for Kids,`` edited by Ian Lister, EE2000-hxm p. 43
	Anxious parents and teachers say, `But suppose 4 fail to learn something essential, something they will need to get on in the world? Don`t worry; if it is essential in the world, they will find it and learn it out there.

BRINGING THE REAL WORLD TO LEARNING WILL TRANSFORM THE WORLD INTO A WORLD OF LEARNING

John Holt, educational critic and author, 1969; DESCHOOLING, ``Schools are Bad Places for Kids,`` edited by Ian Lister, EE2000-hxm p. 42
	Take  something easier. We need to get kids out of the school buildings and give them a chance to learn about the world at first hand. it is a very recent idea, and a crazy one, that the way to teach our young people about the world they live in is to take them out of it and shut them up in brick boxes. It wouldn`t have made a bit of sense even in a society much simpler than ours. Fortunately, some educators are beginning to realize this. In Philadelphia and Portland, Oregon, to pick only two places I have happened to hear about, plans are being drawn up for public schools that won`t have any school buildings at all, that will take students out into the city and help them to use it and its people as a learning resource. Private schools in many cities are already doing the same thing. It makes sense. We need more of it.

DESCHOOLING IS WORKABLE: WE CAN GET ALONG WITHOUT SCHOOLING

THE HISTORY OF SCHOOL REVEALS THAT MANDATORY SCHOOLING IS NOT INEVITABLE

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 4
	`Medieval society, ` had no idea of education`, writes !he French historian Philippe Aries. School, as we know it, is only about 200 years old and arose as part of the apparatus of the modern, bureaucratic state. Its origins are Prussian and Napoleonic, and it may be viewed as a German invention.. The Germanic grade system, whereby the `Jahrgang` (the year group) moved forward as a cohort, was imported into the USA in the nineteenth century; Matthew Arnold tried, and failed, to introduce the German organic approach to educational planning in England. Thus, the question arises whether the school, far from being an eternal institution, is in fact something connected with a particular period in history and may, in a future of changed conditions, disappear.

DESCHOOLING WOULD NOT PRODUCE SOCIAL CHAOS

John Holt, educational critic and author, 1969; DESCHOOLING, ``Schools are Bad Places for Kids,`` edited by Ian Lister, EE2000-hxm p. 42
	AS for protecting the children from exploitation, the chief and indeed only exploiters of children these days are the schools. .Kids caught in the college rush more often than not work seventy hours or more a week, most of it an paper busywork. For many other kids, not going to ,college, school is just a useless time-wasting obstacle preventing them from earning needed money or doing some useful work, or even doing some true learning.

DESCHOOLING IS WORKABLE: IT WOULD LEAD TO WIDESPREAD SOCIAL AND POLITICAL CHANGE

DESCHOOLING WOULD CAUSE REVOLUTIONARY ECONOMIC AND POLITICAL CHANGES

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm P. 71 
	School has become a social problem; it is being attacked on all sides, and citizens and their governments sponsor unconventional experiments all over the world. They resort to unusual statistical devices in order to keep faith and save face. The mood among some educators is much like the mood among Catholic bishops after the Vatican Council. The curricula of so-called ``free schools`` resemble the liturgics of folk and rock masses. The demands of high-school students to have a say in choosing their teachers are as strident as those of parishioners demanding to select their pastors. But the stakes for society are much higher if a significant minority loses its faith in schooling. This would endanger the survival not only of the economic order built on the coproduction of goods and demands, but equally of the political order built on the nation-state into which students are delivered by the school.

LIBERATION FROM SCHOOL WOULD SNOWBALL TO LIBERATION FROM OTHER OPPRESSIVE INSTITUTIONS

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm P. 70
	In all these cases employment is a hidden benefit: the driver of a private automobile, the patient who submits to hospitalization, or the pupil in the schoolroom must now be seen as part of a new class of ``employees.`` A liberation movement which starts in school, and yet is grounded in the awareness of teachers and pupils as simultaneously exploiters and exploited, could foreshadow the revolutionary strategies of the future; for a radical program of deschooling could train youth in the new style of revolution needed to challenge a social system featuring obligatory ``health,`` ``wealth,`` and ``security.``

DESCHOOLING IS THE ROOT TO OUR LIBERATION

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm P. 68
	The New World Church is the knowledge industry, both purveyor of opium and the workbench during an increasing number of the years of an individual`s life. Deschooling is, therefore, at the root of any movement for human liberation.

WE MUST GO IN THE DIRECTION OF DESCHOOLING IN ORDER TO AVOID CONTINUED OPPRESSION UNDER THE INSTITUTIONAL SYSTEM

Ivan Illich, professor at Claremont University, 1974; DESCHOOLING, ``Schooling: the Ritual of Progress,`` edited by Ian Lister, EE2000hxm p. 68
	Our options are clear enough.  Either we continue to believe that institutionalised learning is a product which justifies unlimited investment, or we rediscover that legislation and planning and investment, if they have any place in formal education, should be used mostly to tear down the barriers that now impede opportunities for learning, which can only be a personal activity.

DESCHOOLING IS WORKABLE: A LEARNING SOCIETY WILL BE CREATED

A LEARNING SOCIETY IS POSSIBLE

Robert M. Hutchins, former Chancellor of the University of Chicago, 1971; DESCHOOLING, ``Toward a Learning Society,`` edited by Ian Lister, EE2000-hxm p. 60
	We can have a learning society. Its object would be to raise every man and woman and every community to the highest cultural level attainable. The affluence of a world in which science creates wealth will make it impossible to plead poverty as an excuse for. not trying to educate everybody. As for our pitiful record in the use of our free time, Arnold Toynbee, who has a long historical view, reassures us by saying that free time may be abused at first by people who have had no experience of it; but sooner or later we shall be able to salvage some of it for learning.

EMPIRICALLY, OPEN SCHOOLING CAN SOLVE

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 13
	At university level there have been moves to deschool curricula, by extending the range Of choice, sometimes by the introduction Of course unit systems, sometimes by the setting up of schools of independent studies, and by questioning Compulsory courses where the compulsion cannot be justified, either in terms of the nature of the learning or in terms of being related to job-performance. The Open University in Britain, the University Without Walls in the USA and other countries, have opened up access to knowledge and are facing up to the challenges of mass education:  their best elements are already making -a major contribution to the building of the learning society.

DECENTRALIZATION IS THE ONLY THING THAT CAN PROMOTE LEARNING AND SOLVE THE INEQUALITIES OF EDUCATION

Robert M. Hutchins, former Chancellor of the University of Chicago, 1971; DESCHOOLING, ``Toward a Learning Society,`` edited by Ian Lister, EE2000-hxm p. 60
	As Ivan Illich has said, `Educators appeal to the gambling instinct of the entire population when they raise money for schools. They advertise the jackpot without mentioning the odds. I The odds against the poor in the educational systems of every country are such as to intimidate the most hardened habitue` of Las Vegas or Monte Carlo. The dice are loaded. We must look forward to an immense decentralisation, debureaucratisation, and deinstitutionalisation if we are to have a learning society.

HOMEMADE EVALUATIONS PROMOTE INDEPENDENT LEARNING

Ward J. Ghory, National Coalition for Equality in Learning; 1997. REACHING AND TEACHING ALL CHILDREN Grassroots efforts that work. ``Evaluation in Service of Learning`` // GJL p. 103
	When  promoting independent learning, it is important to remember that individuals learn, groups do not. Homemade evaluations center on the progress of individual students, revealing particularities and peculiarities of their minds at work. In contrast, standardized tests usually provide data about the progress of individuals in relation to other students, not in relation to the substance of what they are trying to learn. Seldom do teachers consider individual student performance on specific questions from a standardized test to decide changes in the environment that will help individuals improve their learning. For this reason, the results of homemade evaluations are usually more useful than standardized test data for supporting the practice of independent problem solving.

WE MUST DESCHOOL OR SUBMIT TO TOTALITARIAN PEDAGOGICAL WARFARE

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm P. 72
	Our options are clear enough. Either we continue to believe that institutionalized learning is a product which justifies unlimited investment or we rediscover that legislation and planning and investment, if they have any place in formal education, should be. used mostly to tear down the barriers... that - now impede opportunities for learning, which can only be a personal activity.
	If we do not challenge the assumption that valuable knowledge is a commodity which under certain circumstances may be forced into the consumer, society will be increasingly dominated by sinister pseudo schools and totalitarian managers of information. Pedagogical therapists will drug their pupils more in order to teach them better, and students will drug themselves more to gain relief from the pressures of teachers and the race for certificates. Increasingly larger numbers of bureaucrats will presume to pose as teachers. The language of the schoolman has already been coopted by the adman. Now the general and the policeman try to dignify their professions by masquerading as educators. In a schooled society, warmaking and civil repression find an educational rationale. Pedagogical warfare in the style of Vietnam will be increasingly justified as the only way of teaching people the superior value of unending progress.

DESCHOOLING IS WORKABLE: DESCHOOLING WILL SET US FREE

SCHOOLS RAISE SHEEP, DESCHOOLING FREES THEM

John Holt, educational critic and author, 1969; DESCHOOLING, ``Schools are Bad Places for Kids,`` edited by Ian Lister, EE2000-hxm P. 43
	What this all boils down to is, are we trying to raise sheep - timid, docile, easily driven or led - or free men? If what we want is sheep, our schools are perfect as they are. If what we want is free men, we`d better start making some big changes. 

DESCHOOLING WOULD HELP US REGAIN OUR FUNDAMENTAL RIGHT TO FREE ASSEMBLY

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm p. 135
	The right of free assembly has been politically recognized and culturally accepted. We should now understand that this right is curtailed by laws that make some forms of assembly obligatory. This is especially the case with institutions which conscript according to age group, class, or sex, and which are very time-consuming. The army is one example. School is an even more outrageous one.
	To deschool means to abolish the power of one person to oblige another person to attend a meeting. It also means recognizing the right of any person, of any age or sex, to call a meeting. This right has been drastically diminished by the institutionalization of meetings. ``Meeting`` originally referred to the result of an individual`s act of gathering. Now it refers to the institutional product of some agency.

DESCHOOLING IS WORKABLE: ENDS DISCRIMINATION AND PREJUDICE

DESCHOOLED LEARNING IS A POSITIVE STEP AWAY FROM THE WORLD OF PRIVILEGE IN WHICH WE NOW LIVE

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 7
	Deschooled learning presupposes a positive move away from school as we have known it hitherto. Deschooling theory has raised questions about how nonschool learning might be further promoted and its vitality increased, and about the possibilities of deschooled learning: the latter might involve using the school building more as an operational base and as a forum for dialogue; it would certainly involve making the world outside the school much more accessible than it is today, and not only to privileged minorities. 

WE MUST DISESTABLISH THE MONOPOLY OF THE SCHOOL IN ORDER TO END DISCRIMINATION AND PREJUDICE

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm P. 15-16
	Two centuries ago the United States led the world in a movement to disestablish the monopoly of a single church. Now we need the constitutional disestablishment of the monopoly of the school, and thereby of a system which legally combines prejudice with discrimination.
	The first  article of a bill of rights for a modern,
humanist society would correspond to the First Amendment to the U.S. Constitution: ``The State shall make no law with respect to the establishment of education.`` There shall be no ritual obligatory for all.

DESCHOOLING WILL NOT BENEFIT ONLY PRIVILEGED CLASSES

Ian Lister, Department of Education at the University of York, 1971; DESCHOOLING, ``Should Schools Survive?,`` EE2000-hxm p.88
	One of the major objections to the kind of de-institutoionalising of education which I am advocating, comes from advocates of equality of opportunity - i.e. will not the deschooling of society favour privileged groups? Here we are discussing possibilities and probabilities. The traditional school system favoured the middle class - always well in the lead in the competitive consumption of institutionalised welfare. It attempted to destroy class cultures (and in many ways impoverished working-class culture). Today the reformers are often doing the same thing in their attempts at `social education`. The Humanities Curriculum Project, according to its Director, has chosen the `curriculum of the News of the World`. In fact, it has chosen the curriculum of The Observer. The new comprehensive schools will only promote equality of opportunity by their capacity to prevent pupils from learning. The social power of the educational system lies in its power to print its own money (certification) just as the social power of the church lay in its power to excommunicate and promise eternal life. It is in this light that certification needs to be radically reviewed, and the hold of the middle class over the system broken..`

DESCHOOLING IS WORKABLE: EACH INDIVIDUAL CAN MAKE IT WORK

EACH INDIVIDUAL IS KEY TO THE DESCHOOLING PROCESS

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 2-3
	Looking towards the future, Reimer continues, ``  Alternatives in education can be most generally defined as moving away from this stereotype. I At writes Reimer, `Perhaps the most important thing that individuals can do is to take responsibility for the education of their children. Illich goes further. Arguing that `school, makes depriving education of alienation preparatory to life, de reality and work of creativity ,` and that `the New World Church is the knowledge industry`, he goes on. to assert that `deschooling is... at the root of any movement for human liberation` and that `each of us is personally responsible for his or her own deschooling.

ACCORDING TO ILLICH, EACH INDIVIDUAL IS KEY TO DESCHOOLING

Herbert Gintis, assistant professor at Harvard University, 1972; DESCHOOLING, ``Towards a Political Economy of Education: A Radical Critique of Ivan Illich`s Deschooling Society,`` edited by Ian Lister, EE2000-hxm p.32
	`Each of us`, says Illich, `is personally responsible for his or her own deschooling, and only we have the power to do it. This is not true. Schooling is legally obligatory, and is the major means of access to welfare- relevant activity contexts. The political consciousness behind a frontal attack on institutionalised education would necessarily  spill over to attacks on other major institutions.

EACH INDIVIDUAL IS RESPONSIBLE FOR HER OWN DESCHOOLING

Ivan Illich, professor at Claremont University, 1974; DESCHOOLING, ``Schooling: the Ritual of Progress,`` edited by Ian Lister, EE2000-hxm p. 68
	Many self-styled revolutionaries are victims of school. They see even `liberation` as the product of an institutional process. Only liberating oneself from school will dispel such illusions. The discovery that most learning requires no teaching can be neither manipulated nor planned. Each of us is personally responsible for his or her own deschooling and only we have the power to do it` . No one can be excused if he fails to liberate himself from schooling. People could not free themselves from the Crown until at least some of them had freed themselves from the established Church. They cannot free themselves from progressive consumption until they free themselves from obligatory school.

DESCHOOLING IS WORKABLE: EVEN WITH RESISTANCE, WE MUST GO AHEAD WITH DESCHOOLING

DESPITE THE RESISTANCE THAT DESCHOOLING WILL CAUSE WE SHOULD STILL PUSH AHEAD

Herman H. Frese, no qualifications given, 1972; DESCHOOLING, ``Permanent Education --Dream or Nightmare?,`` edited by Ian Lister, EE2000-hxm p. 23
	Illich`s proposals are of a more drastic nature, reflected in his aim of `deschooling society`. They attack the social system at its very centre through it reproductive mechanism, education. Consequently the resistance will be enormous. The more so since these ideas stem from humanistic values that are basic to the same social system they attack: the right of self-determination and developing one`s own potential, in a general solidarity with others, requiring a just society pursuing the common good. To many people the ideas by Illich and others will represent a frustrating memory of ideals repressed by the facts of life. If the revival survives the aggression generated by this frustration, we have gained adherents for this alternative development of educational and social change. Instead of large scale solutions the only way to succeed is by initiating a large number of small-scale activities stimulating the forces of change that are already at work within the system itself. It will be a time-consuming and energydemanding job. Let us hope we will have the time and find the people to do this work. 

WE MUST PUT INTO PRACTICE OUR RADICAL IDEAS EVEN IF IT THREATENS OUR STABILITY

Paulo Freire, Programme Unit Education and Communication of the World Council of Churches in Geneva and Professor, 1974; DESCHOOLING, ``Education: Domestication or Liberation?,`` edited by Ian Lister, EE2000-hxm p. 21
	In that it is Utopian and demythologizing, education or cultural action for liberation implies a constant risk which we do not always want to run, since we are tempted by the stability we fear to lose. In the long run, in preferring stability, immobility, self-censure, conspiratorial silence, all we do is renounce liberty because we are afraid of it. We shall thus not be able critically to have `unusual ideas about education`, since thinking in this way is to be committed, and requires of us a greater risk: that of putting into practice some of the unusual ideas.

DESCHOOLING IS BAD: IT CAN NEVER BE IMPLEMENTED BECAUSE OF POPULAR RESISTANCE -- PEOPLE WOUILD HATE IT

THE LACK OF POLITICAL REALISM IN DESCHOOLING THEORY LEAVES IT AS A MERELY UTOPIAN VISION

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 13
	It is the lack of such political realism in Illich`s proposed alternatives that have led people to dismiss them as utopian , not that the people themselves are so `schooled` up that any alternative seems unreal`. That schools do not stand in a simple, direct, and subservient position to industry may offer a little hope. meanwhile, Reimer and Illich give the impression of being men who would burn our boats before they have built a raft.

WE MUST RETHINK SCHOOLING IN TERMS OF NEEDS AND EXPECTATIONS; WE MUST HAVE A PARADIGM SHIFT

William G. Cunningham, staff writer, September/October 1997; HIGH SCHOOL MAGAZINE,``Are you ready for 21st century schools?,`` EE2000--hxm p. 32
	The challenge is to stop tinkering at the edges of the existing system and begin to holistically rethink schooling in light of new needs, expectations, and technological capabilities. Since the necessary educational changes are so vast, some argue it would be more practical to change everything at once. Fragmented, piecemeal improvements do not disturb the traditional model nor disrupt the century old methods used in most classrooms. In fact, they can actually subvert transformational changes. Real educational reform demands that we stop working within the existing paradigm of education and concentrate on making the shift to a new paradigm (Sparks, 1997).

IT WILL BE DIFFICULT TO PERSUADE MOST PEOPLE THAT MORE SCHOOL DOES NOT NECESSARILY MEAN MORE LEARNING

[an Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 3
	The shaking of assumptions. This is the general challenge of people like Goodman, Reimer, Illich and Freire - the shaking of the community of assumptions hitherto shared by most educational planners in most countries, particularly the assumption that more schools equals more education (and that more GNP equals more prosperity).

DESCHOOLING THEORISTS DO NOT FACE UP TO THE POLITICAL CHALLENGES INVOLVED IN CREATING A DESCHOOLED SOCIETY

Ian Lister, Department of Education at the University of York, 1971; DESCHOOLING, ``The Concept of Deschooling and the future of secondary education,`` EE2000 hxm p. 90
	The other major weakness of Goodman, Illich and Reimer is that, although they all accept that their proposals are politically revolutionary and challenge political establishments, they do not face up to the political )difficulties involved in achieving their programme. Like most visionaries they are more interested in ends than in means, but the greatest danger of which we ought to be aware is that deschooling could happen, but in ways quite other than those which they intend.

DESCHOOLING WOULD NOT BE SUCCESSFUL BECAUSE TOO MANY PEOPLE WOULD RESIST IT

Ludo Watson, no qualifications given, 1974; DESCHOOLING, ``Deschool Off,`` edited by Ian Lister, EE2000-hxm p. 124
	To  abandon the school system in its present form is an idea which, some day soon, may have a great appeal for the moneylords and joblords as a way of avoiding an explosive situation. However, they won`t be able to carry it through. The entire Labour movement, for whom the right to education has always been a first principle, would fight it. The entire teaching profession would fight it purely on grounds of job protection. And the mentality of conservatism itself, which is often too inert even to see its own interests, would fight it simply because it`s a radical idea .

WE ARE NOT SOCIALLY OR PSYCHOLOGICALLY READY TO DESCHOOL

Michael Huberman, professor of pedagogy at the University of Geneva, 1974; DESCHOOLING, ``Learning, Democratizing and Deschooling,`` edited by Ian Lister, EE2000-hxm p. 56
	Deschooling theorists often refer to primitive or pre -industrial epochs when all children were educated sufficiently without schools. This initiation into adulthood, however, was carefully structured, ritualised and supervised; there was nothing incidental or elective about it. Nor did people entrust their children to adults who were not relatives or at least village elders, and there is evidence in this connection that less privileged families in modern times have a similar mentality. In short, we may be technologically ready, but we are not yet psychologically or socially ready in most countries for the `global village` laid out by McLuhan and Illich.

DESCHOOLING IS BAD: SOCIETY WOULD DESCEND INTO ABSOLUTE CHAOS

WITHOUT THE INSTITUTIONS WE HAVE CREATED TO MAKE A CIVILIZATION, WE MAY REVERT TO A NATURAL STATE WHERE LIFE IS BRUTISH AND SHORT AS HUMAN PREYS UPON HUMAN

Arthur Pearl, no qualifications given, March/April 1972; SOCIAL POLICY, ``The Case for Schooling America,`` EE2000--hxm p. 52
	Try to deinstitutionalize education as a symbol  and the beginning of the deinstitutionalization thing and you reinstitute the law of the jungle -- which quickly breaks down into a new set of oppressive - institutions. The same unfortunate situation holds true for attaining any of tbe other goals of a desirable society. Politics learned at the hands of Richard Daley, culture picked up at the feet of Johnny Carson, and interpersonal relations gleaned from gropings in the street are the alternatives to school. That these alternatives are already too. characteristic of contemporary `American society is not a reason son for removing schools, but for reforming them.

DEINSTITUTIONALIZATION WOULD REVERT US BACK TO A NIGHTMARE OF THE HOBBESIAN STATE OF NATURE

Arthur Pearl, no qualifications given, March/April 1972; SOCIAL POLICY, ``The Case for Schooling America,`` EE2000--hxm p. 52
`Deinstitntionalize a city and within a month that city will literally be buried in its garbage. To have a deinstitutionalized natural society in which man maintained himself through self-sufficient primitive hunting, fishing or gathering would require that we reduce the world`s population to something less than 200 million people.

DESCHOOLING WILL LEAD TO SOCIAL CHAOS AND WILL FAIL TO IMPLEMENT SUBSTANTIVE CHANGE

Herbert Gintis, assistant professor at Harvard University, 1972; DESCHOOLING, ``Towards a Political Economy of Education: A Radical Critique of Ivan Illich`s Deschooling Society,`` edited by Ian Lister, EE2000-hxm p. 32
	I have already argued that deschooling will inevitably lead to a situation of social chaos, but probably not to a serious mass movement toward constructive social change. In this case the correspondence principle simply fails to hold, producing at best a temporary (in case the ruling elites can find an alternative mode of worker socialisation) or ultimately fatal (in case they cannot) breakdown in the social fabric. But only if we posit some essential pre-social human nature on which individuals draw when normal paths of individual development are abolished, might this lead in itself to liberating alternatives.``

DESCHOOLING THEORISTS ONLY OUTLINE THE POSSIBLE BETTER OUTCOMES, BUT FAIL TO ILLUMINATE THE POSSIBLE BAD OUTCOMES

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 12
	Illich naturally chooses `better` alternatives-, but worse alternatives can also be imagined: custodial care, social role selection, and indoctrination - three of Reimer`s and Illich`s main school `functions` could be carried out in a worse form in a society without schools. They might be done by families (often more manipulative and restrictive than schools); by people giving jobs to their relatives (blood being thicker than water, and more influential than certificates) and to their friends (a continuation, and revival of `the old pals act); indoctrination would be done, as it is now, by the media, which mediate a pre-packaged reality more effectively than schools have ever done. If schools have taken the place of the church in being the major legitimating institution of our society we could surmise that the passing of schools would be marked by the rise of a new legitimating institution.

DESCHOOLING IS BAD: IT WILL FAIL BECAUSE IT DOESN`T CHANGE THE OTHER INSTITUTIONS IN OUR SOCIETY

DESCHOOLING IS NOT A FEASIBLE ALTERNATIVE BECAUSE IT DOES NOT ALTER OUR OTHER INSTITUTIONS

Herbert Gintis, assistant professor at Harvard University, 1972; DESCHOOLING, ``Towards a Political Economy of Education: A Radical Critique of Ivan Illich`s Deschooling Society,`` edited by Ian Lister, EE2000-hxm p.25
	Finally, I argue that a radical theory of education reform becomes viable only by envisioning liberating and equal education as serving and being served by a radically altered nexus of social relations in production. Schools may lead or lag in this process of social transformation, but structural changes in the educational process can be socially relevant only when they speak of potentials for liberation and equality in our day-to-day labours. In the final analysis `de-schooling` is irrelevant because we cannot Ide-factory`, `de-office,` or `de-family`, save perhaps at the still unenvisioned end of a long process of social reconstruction.

DESCHOOLING ALONE WILL NOT BRING ABOUT THE NECESSARY SOCIAL TRANSFORMATION NEEDED TO SOLVE THE ILLS OF OUR SOCIETY

Sumner Rosen, no qualifications given, March/April 1972; SOCIAL POLICY, ``Taking Illich Seriously,`` EE2000--hxm p. 46
	But deschooling will not solve the major ills of our society, and Illich`s claim that it will-that institutional revolution is more central than economic or political revolution- must be rejected. Ile problem is rather to integrate his agenda with the traditional one, which, focusing on the forms of economic and political power, has neglected the question of process through which men, once liberated, can realize. what. they have gained, can protect it, can decentralize power so that no future effort to recapture it can succeed, and can take the responsibility for their own human development fully on their own shoulders. For guidance in these tasks all of us who are serious about social change must be grateful to Illich and must endeavor to engage him further in discussion that will lead toward linking these separate agendas for change.

ABOLITION OF THE EDUCATION INSTITUTION WOULD MAKE THE HIDDEN CURRICULUM WORSE

Hartmut Von Hentig, professor of education at the University of Bielefeld, 1971; DESCHOOLING, ``Deschooling the School,`` edited by Ian Lister, EE2000-hxm p. 38
	I am concerned that the abolition of our present educational institutions could lead to an uncontrolled and uncontrollable education industry whose `hidden curriculum` would be more hidden, and insidious, than that of our present schools, or that a period of confusion might lead back to a system more strict and centralised than the one we had before.

DESCHOOLING IS PART OF THE CAPITALIST REGIME

Ludo Watson, no qualifications given, 1974; DESCHOOLING, ``Deschool Off,`` edited by Ian Lister, EE2000-hxm p. 123
	The deschoolers evade the issue of who wields power in society, and at times seem to see deschooling as a more efficient way of running the present system. Illich argues that schools are an inefficient way of organising the transmission of knowledge, and that organisations which nobody now classifies as educational would probably do the job much better. I think of restaurant owners, publishers, telephone answering services, department store managers and even commuter train executives, who could promote their services (my emphasis - LW) by rendering them attractive for educational meetings. ` This sees deschooled education as part of the repertoire of capitalist gimmicks.`

IF SCHOOLS WERE ABOLISHED OTHER INSTITUTIONS WOULD PERFORM THE SAME INDOCTRINATING FUNCTION

Ludo Watson, no qualifications given, 1974; DESCHOOLING, ``Deschool Off,`` edited by Ian Lister, EE2000-hxm p. 123
	As a socialist, I accept that schools have an indoctrinating and controlling function on behalf of capitalism. But if schools were abolished, television, commercial radio, etc. would perform that same indoctrinating function, and firms would no doubt run their own training schemes.

UNCRITICAL DISESTABLISHMENT OF SCHOOLS WILL ONLY REIFY THE CURRENT SYSTEM

Ivan Illich, professor at the Claremont McKenna College, September/October 1971; SOCIAL POLICY, ``After Deschooling, what?,`` EE2000--hxm p. 10
	The  uncritical disestablishment of school could also lead to new performance criteria for preferential employment and promotion and, most importantly, for privileged access to tools. Our present scale of `` general`` ability, competence, and trustworthiness for role assignment is calibrated by tolerance to high doses of schooling. It is established by teachers and accepted by many as rational and benevolent. New devices could be developed, and new rationales found, both more insidious than school grading and equally effective in justifying social stratification and the accumulation. of Privilege and power.

DESCHOOLING IS BAD: DESCHOOLING WOULD INCREASE SOCIAL INEQUALITY

DESCHOOLING WOULD CREATE A FREE MARKET SYSTEM WHICH WOULD ONLY INCREASE THE GAP BETWEEN THE PRIVILEGED AND THE UNPRIVILEGED

Judson Jerome, no qualifications given, March/April 1972; SOCIAL POLICY, ``After Illich,. what?`` EE2000--hxm p. 47
	Laissez-faire education runs the same risks as laissez-faire economics. Power and privilege accumulate like an avalanche. There must be safeguards, regulations, guarantees of opportunities, and these themselves perpetuate the system. Compulsory education was invented to help equalize opportunity; toeven the score, to prevent exploitation. To some extent it has done so, but at the same time it has created deadening standardization, artificiality, and, as Mich often points out, a new system of hierarchy and privilege as oppressive as the one it was meant to displace.
	If we simply closed down the schools, oppression would increase, as the prosperous and ambitious would accumulate more and more power -md those less fortunate or those numbed by their social background would be trodden under. You can guarantee access, but little more (as we learn daily from our system of compulsory education).

ELIMINATION OF COMPULSORY SCHOOLING WOULD INCREASE INEQUALITIES

Hartmut Von Hentig, professor of education at the University of Bielefeld, 1971; DESCHOOLING, ``Deschooling the School,`` edited by Ian Lister, EE2000-hxm p. 38
	The abolition of the common compulsory school might soon show that a free market in learning would be like a free market in consumer goods - it would favour the stronger producers, and increase social inequalities. The `natural desire to learn` would not suffice as a` regulating instrument, for - as we have known for a long time - the desire to learn, rather than being innate, is something which develops under favourable conditions and is encouraged by systematic effort.

DESCHOOLING WOULD DECREASE SOCIETAL INEQUALITIES

Ivan Illich, professor at the Claremont McKenna College, 1970; DESCHOOLING SOCIETY, EE2000-hxm P. 41
	If there were no age-specific and obligatory learning institution, ``childhood`` would go out of production. The youth of rich nations would be liberated from its destructiveness, and poor nations would cease attempting to rival the childishness of the rich. if society were to outgrow `its age of childhood, it would have to become livable for the young. The present disjunction between an adult society which pretends to be humane and a school environment which mocks reality could no longer be maintained.
	The disestablishment of schools could also end the present discrimination against infants, adults, and the old in favor of children throughout their adolescence and youth. The social decision to allocate educational resources preferably to those citizens who have outgrown the extraordinary learning capacity of their first four years and have not arrived at the height of their self-motivated learning will, in retrospect, probably appear as bizarre.

A DESCHOOLED SOCIETY MAY BE WORSE FOR THE DISADVANTAGED

Michael Huberman, professor of pedagogy at the University of Geneva, 1974; DESCHOOLING, ``Learning, Democratizing and Deschooling,`` edited by Ian Lister, EE2000-hxm p. 56
	The very notion of intrinsic motivation involves accepting the child for what he is, approving his acts even if they appear illogical to an adult or letting him act out his emotions. This is as much a cultural ideology as a theory of learning. And it is far more common in well- educated, psychologically sophisticated families than in poor homes where the child is often expected to conform very early to his parents` expectations of him. Most of the deschooling theorists come from privileged milieux and use that point of reference for their generalisations. The already disadvantaged might suffer the most in a free enterprise, self-motivated educational system.

DESCHOOLING CANNOT PREVENT THE PRIVILEGED FROM GETTING THE BEST BENEFITS OF AN OPEN SOCIETY

Michael Huberman, professor of pedagogy at the University of Geneva, 1974; DESCHOOLING, ``Learning, Democratizing and Deschooling,`` edited by Ian Lister EE2000-hxm p. 56
	Deschooling may not equalise opportunities. If we distribute equally the sum of public funds available for education among families, this does not prevent wealthier parents from buying more and better services for their children. Presumably, the better! paying and more responsible jobs will still be given to those having the right certificates or the highest grades in competitive examinations. Preparation for these certificates and exams will be sold in the marketplace at various prices and in various forms. In addition, wealthy and well-educated homes will still constitute a privileged training ground for access to selective professions, unless the requirements for certification are changed radically. 

DESCHOOLING IS BAD: DESCHOOLING WILL DAMAGE THE STUDENTS

DESCHOOLING ISN`T WORTH THE RISK, WE MUST FOCUS ON THE GOOD OF THE CHILDREN

Neil Postman, no qualifications given, January/February 1972; SOCIAL POLICY, ``My Ivan Illich Problem,`` EE2000--hxm p. 36
	So it comes down to this: Tomorrow, there are going to be about 45 million kids. showing up for school. Schooling as ,in institution may or may not be dead, which is a question that makes for swell lectures in Cuernavaca. But the kids certainly aren`t dead. They are there. And what happens to them tomorrow matters-and next term, and the term after that. And it just won`t do to write them off. Not by me. Because as I see it, some part of some of their lives is my problem. And if Ivan Illich isn`t interested, then I figure that`s his problem. 

DESCHOOLING WILL CAUSE PEOPLE TO AVOID LEARNING AND THEY WILL ONLY CONCENTRATE ON REAFFIRMING THEIR OWN BIASES

Arthur Pearl, no qualifications given, March/April 1972; SOCIAL POLICY, ``The Case for Schooling America,`` EE2000--hxm p. 52
	But when Illich speaks with the voice of pure freedom he masks a conservative message: `` . . protect the autonomy of the learner - his private initiative to decide what he will learn and his inalienable  right to learn what be likes rather than what is useful. to somebody else.`` To learn what one likes is to learn prejudices. If there is one thing we know about human beings it is that they don`t want to know what they don`t want to know. Erich Fromm tried to get that truth across to us twenty years ago in Escape from Freedom. The important truths of today `are` painful truths. People will do everything they can to`. avoid them. Important truths will require enormous changes in attitudes and life-style. Education selfselected will be no education-we have such education currently available to us (it comes to us on half a dozen simultaneous channels on television), and there we find a Gresham`s law of culture: bad drives` out good, and the frivolous outdraws the serious.

DESCHOOLING IS BAD: REFORM WOULD BE BETTER

THE IDEA OF DESCHOOLING TAKES FOCUS AWAY FROM MORE IMPORTANT DISCOURSE ON REFORM

Ludo Watson, no qualifications given, 1974; DESCHOOLING, ``Deschool Off,`` edited by Ian Lister, EE2000-hxm p. 124
	The idea of deschooling, then, is a dazzling distraction. The schools are going to go on and we are going to go on having to work within them. However, we are working to change them. Admittedly the teacher with genuine good intentions towards the kids is the front line shock troop used by the school to soften the impact in both directions: he makes school just about tolerable for the kids, and, by allowing them free expression in his lessons, acts as a safety valve protecting the heavily repressive teachers from the consequences of their own tyranny. (Though they, of course, hold him in contempt for not being able to control his classes`.

DESCHOOLING WOULD COUNTERACT ALL OF THE CURRENT EFFORTS FOR REAL CHANGE

Ludo Watson, no qualifications given, 1974; DESCHOOLING, ``Deschool Off,`` edited by Ian Lister, EE2000-hxm p. 124
	Our job is to democratise the schools; to pursue new teaching   methods to the point where they really work; to win over the kids not to school life but to our interpretation of it; to give them skills -not just for fitting in with society but for criticising it; to help develop their skills of discovery and selfexpression beyond what mere job-survival demands of them; and to help them see that a better society can be won through collective conscious action, not indiscriminate sabotage. Deschooling would simply mean a dispersal of the energies which are at present crystallising.

DESCHOOLING IS UNWORKABLE: NO EMPIRICAL EVIDENCE

DESCHOOLING IS BASED ON ALL THEORY AND NO PRACTICE

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 11
	Too much of the deschooling argument at the moment is based on general theories, standing on other general theories - particularly general theories about institutions and professionals - that is, it is a framework of assertions. The dominant ideology of both Goodman and Reimer is that of the libertarian anarchist: this position, although reflecting from Kropotkin on some of the highest ideals and best visions of man, has yet to reconcile its central paradox - society without the state, and major, common human activities without institutions. Both seem to believe in the myths of the American history books the self-reliant frontiersman often appears to be their model - and perhaps they, as much as the schoolman- believer Silberman, are products of the Great American Dream Machine.

DESCHOOLING LACKS ANY FIRM BASIS OF EMPIRICAL EVIDENCE

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 11
	In spite of its profound insights deschooling theory has serious weaknesses. The most serious of these are that the arguments lack a firm basis of empirical evidence and practical alternatives; they evade central questions of political power; and they offer critiques, rather than operational strategies or programmes. 

DESCHOOLING THEORY LACKS CONVINCING EMPIRICAL EVIDENCE

Ian Lister, Department of Education at the University of York, 1971; DESCHOOLING, ``The Concept of Deschooling and the future of secondary education,`` EE2000-hxm p. 90
	Goodman, Illich and Reimer share two major weaknesses which need to be taken into account in any consideration of deschooling and educational planning.
They are lacking in convincing evidence - particularly empirical evidence, and their programmes of alternatives tend to be speculative paper proposals. This weakness needs to be remedied by a series of empirical investigations (to answer such questions as: What do schools actually do? What do schools actually achieve?) and by a number of case studies of alternatives in education which already exist, both within and beyond the traditional system.

DESCHOOLING PERMUTATION: WE CAN HAVE THE PLAN AND ELEMENTS OF DESCHOOLING AT THE SAME TIME

DESCHOOLING SHOULD OCCUR INCREMENTALLY, NOT SUDDENLY

Ian Lister, Department of Education at the University of York, 1971; DESCHOOLING, ``Should Schools Survive?,`` EE2000-hxm p.87
	We should not abolish schooling suddenly, but we should begin and encourage a dismantling programme. The less effective parts of the school should then wither away.

ABANDONING THE SCHOOL SYSTEM IS NOT THE ANSWER, WE CAN REFORM THEM

Ludo Watson, no qualifications given, 1974; DESCHOOLING, ``Deschool Off,`` edited by Ian Lister, EE2000-hxm p. 124
	The schools are in a state of crisis. Truancy and petty sabotage (indiscriminately called `violence` by the heavies) are rife. Merely to abandon the school system at the point of crisis would be a huge historical anticlimax. For, in spite of all the iniquities of school, this is the period when, for the first time, progressive education is actually beginning to bite. The isolated points of real teaching are beginning to crystallise into a network.

SCHOOLS CAN CREATE SOLIDARITY AND OPPOSITION TO INJUSTICE WHICH MAKES RADICAL REFORM POSSIBLE

Arthur Pearl, no qualifications given, March/April 1972; SOCIAL POLICY,, ``The. Case for Schooling America,`` EE2000--hxm p. 52
	True educational reform inside and outside schools is really possible, then, because the schools themselves do not have an already established or predetermined monopolistic role. They offer a variety of experiences and interests and -provide a place for increasing numbers of ``radical`` teachers to function. It is, after all, only among person!; with many years of compulsory education that Ivan Illich has any following - and that is not an accidental occurrence. Schools develop intellectual opponents to injustice not because they are designed to, but because once a group of inquiring youths are compelled to interact with each other, a percentage will begin to question the values and direction of their society. Thus it was the students and teachers in public institutions who first questioned the war in Vietnam; and efforts to restrict them, though powerful, cannot succeed.

RECONSTITUTION COUNTERPLAN

page	Argument

231	School reconstitution explained
232	Reconstitution is being used 					increasingly nationwide
233	Reconstitution makes big changes in 			failing schools
233	Reconstitution turns around schools
234	Reconstitution fails

 SCHOOL RECONSTITUTION EXPLAINED

DEFINITION OF RECONSTITUTION

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	Defining Reconstitution     Reconstitution is not merely a sweeping mechanism. In addition to ``vacating`` staff, reconstitution, at least in San Francisco, calls for several other components: 1) adoption of the eleven ``Philosophical Tenets`` to establish expectations for learning and behavior; n41 2) determination of specific student outcomes for each grade; 3) advancement of available instructional technology; 4) increases in adult-student ratios; 5) increases in staff development to implement these components; 6) selection by staff of effective, unique instructional tools; and 7) encouragement of parent involvement. n42 At its best, reconstitution serves to refocus a school on solidifying commitment to providing an effective education for students through consensus and collaboration between teachers, students, administrators, and parents.

ELEVEN PHILOSOPHICAL TENETS OF RECONSTITUTION AS AN APPROACH TO EDUCATION REFORM

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	The Philosophical Tenets are as follows: 1) All individuals should learn to live and to work in a world that is characterized by interdependence and cultural diversity; 2) All individuals are entitled to be treated with respect and dignity; 3) All individuals want to learn and should be recognized for their achievements; 4) All individuals can learn; 5) All individuals learn in many different ways and at varying rates; 6) Each individual learns best in a particular way; 7) All individuals are both potential learners and potential teachers; 8) If individuals do not learn, then those assigned to be their teachers will accept responsibility for this failure and will take appropriate remedial action to ensure success; 9) Learning has both cognitive and affective dimensions; 10) Learning can be subdivided into a number of specific, concrete competencies that can be used as a focus for teaching; and 11) Parents want their children to attain their fullest potential as learners and to succeed academically. Special Plan for Bayview-Hunters Point Schools, Draft Update, SFUSD Division for Integration, April, 1995, at 3-14 [hereinafter Special Plan]. 

HOW RECONSTITUTION SYSTEM WORKS IN CHICAGO

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	A Chicago newspaper describes the Chicago system of reconstitution. If a school fails to meet state standards for three consecutive years, the school is eligible for ``intervention.`` n132 At the intervention stage, a special Academic Accountability Council, along with the school, present the school`s case to the school board at a hearing. If the board approves the intervention, every employee of the school must be evaluated and the trustees will refer to these evaluations for firing, laying off, transferring, or  [*131]  retaining staff. n133 If the school is ``in educational crisis,`` it may face complete employee reassignments without any hearings, evaluations, or terminations.

RECONSTITUTION IS IMPLEMENTED AT THE LOCAL DISTRICT LEVEL

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	Implementation of Reconstitution     With formal authority, school districts may apply reconstitution based on the criteria set for their district. Some provisions allow for different gradations or phases before the clean sweep of reconstitution.

RECONSTITUTION IS BEING USED INCREASINGLY NATIONWIDE

RECONSTITUTION LEADS TO RAPID REFORM AND FUNDING INCREASES

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	The reconstitution process serves as a mechanism not only to swiftly change the entire environment of a school but also to bring greater resources to troubled schools. 

MANY OTHER AREAS ARE NOW USING RECONSTITUTION

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	Reconstitution differs from other education reform measures in its drastic nature, which may make it more difficult to achieve in the often highly politicized context of public education. n123 While San Francisco adopted reconstitution through its consent decree, other states have or are attempting to legislate reconstitution. n124 Media reports monitor these developments across the country. In Philadelphia, the city`s Superintendent of Schools announced plans to reconstitute two high schools for continuing poor performance, n125 and Oakland`s Superintendent of Schools made a comparable proposal to initiate reconstitution. n126 In Maryland, the State Department of Education imple  [*130]  mented regulations allowing for reconstitution. n127 Similarly, the State Board of Education in Minnesota recently approved a revised school desegregation rule incorporating reconstitution. n128 Perhaps most analogous to San Francisco, the Sheff Commission on desegregation, named after Massachusetts` landmark school desegregation case, recommended as part of a revised desegregation plan.

RECONSTITUTION IS BECOMING MORE AND MORE POPULAR

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	Recently, school districts across the country have been initiating plans to adopt reconstitution. 

RECONSTITUTION MAKES BIG CHANGES IN FAILING SCHOOLS

RECONSTITUTION IS A RADICAL FORM OF SCHOOL INTERVENTION

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	``[Reconstitution] is like open heart surgery... It`s a very, very dramatic kind of intervention, the most radical form of urban education reform there is.`` n1 
- Prof. Gary Orfield, school desegregation specialist. 

RECONSTITUTION REASSIGNS TEACHERS

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	Teachers may reapply for positions at their schools after reconstitution. Tenured teachers are guaranteed placement elsewhere in the district. However, many choose to retire from teaching altogether. See also Interview with Kent Mitchell, former Treasurer and current President of United Educators of San Francisco, in San Francisco, CA (Apr. 11, 1997). 

RECONSTITUTED SCHOOLS INCREASE BENEFICIAL PARENT INVOLVEMENT

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	Once schools are reconstituted, parent involvement seems to have improved in those schools. n103 Schools structure more events and workshops with parents in mind, and even help with transportation for those parents who do not live in the neighborhood. n104 In addition, reconstituted school concentrate greater efforts on informing parents of upcoming events and of their children`s schoolwork. n105 

PARENT INVOLVEMENT IS CRUCIAL FOR SUCCESSFUL RECONSTITUTION

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	Since parents are crucial to the education of their children, and since parent involvement is a major component of reconstitution, the voices of parents must also be incorporated in the process for it to be successful.

RECONSTITUTION IS TURNING AROUND ``LOSER`` SCHOOLS

MANDATED REVIEW OF RECONSTITUTED SCHOOLS SHOWS THEY ARE MAKING POSITIVE PROGRESS

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	The consent decree also mandates review by an independent monitor who then reports his/her findings to the court. n182 In the most recent report, compiled in 1995-1996, the monitor`s assessment is mixed. n183 For example, while reporting that Comprehensive School Improvement Program schools were making progress generally, the Report notes that some schools fare better than others. n184 The monitor found that one instructional aspect missing in many CSIP schools was teaching students test-taking skills. n185 The monitor also asserted that the addition of a new  [*139]  internal monitor assisted in improving reconstitution because of added oversight. After explicitly naming nine Comprehensive School Improvement Program-designated schools as progressing at an ``encouraging`` rate, the monitor states that ``CSIP schools not cited here have begun to show movement in a positive direction, attesting to the effectiveness of the program.`` 

REVIEWS OF RECONSTITUTED SCHOOLS HAVE INDICATED THAT THE PROGRAM SHOULD BE EXPANDED

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	Evaluations of SFUSD`s Reconstitution Efforts     As part of the consent decree, the reconstitution process in San Francisco has been consistently evaluated for effectiveness. In the July, 1992 expert committee recommendations to the court, the committee strongly favored reconstitution. n179 Citing successes with Phase I schools, the committee recommended expanding the practice of reconstitution to all district schools, not just those originally targeted. n180 The court adopted this recommendation.

RECONSTITUTION IS NOT A SOLUTION FOR SCHOOL PROBLEMS

RECONSTITUTION IS NOT A PANACEA FOR SCHOOL PROBLEMS

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	San Francisco`s Superintendent Waldemar Rojas, considered the reconstitution guru, has himself cautioned that reconstitution is not a panacea for all of the problems facing public education. n213 As San Francisco moves into its third decade under the consent decree, the school community ponders modifications and alternatives to what currently exists. Some support partial reconstitution, n214 others suggest integrating more nonparties in the discussion, n215 and still others seek more alternative school structures, such as beacon schools.

RECONSTITUTION HAS HELPED SOME SCHOOLS, BUT DOES NOT SOLVE ALL PROBLEMS

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	Looking back on the troubled history of the school, which was dominated by gangs and consistently continues to enroll at least half of its new students from the lowest quartile of test scores, the principal believes reconstitution has helped an underdog school reach some of its potential. n86 However, she sees that gang problems still emerge and suspension rates remain relatively high. She expressed some disappointment with the emphasis on test scores rather than an equal consideration for affective changes.

RECONSTITUTION IS NOT A BLANKET SOLUTION FOR SCHOOL PROBLEMS

 Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	However, critics argue that reconstitution is not the panacea its supporters envision; in fact, some contend that reconstitution alone cannot save schools.

RECONSTITUTION DOES NOT IMPROVE EDUCATION

RECONSTITUTION HAS NOT IMPROVED ACADEMIC ACHIEVEMENT

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	n7. Joan-Marie Shelley, former President of the teachers` union in San Francisco, points to reconstituted schools` continuing low scores on standardized tests as evidence that Reconstitution is not the sole answer to education reform. Carolyn Hendrie, S.F. Reforms Put on the Line In Legal Battle, Education Week on the Web, Dec. 11, 1996 (visited Mar. 28, 1998) <http://www.edweek.org/htbin/fastweb?getdociew4w1996+1887+20+wAAA+%26%28orfield%29%26AND%26%28orfield%29%3AKEYWORDS%26OR%26%28orfield%29>.

RECONSTITUTED SCHOOLS HAVE NOT MET THEIR SPECIFIC GOALS

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	The specifics of this Report, however, do not present a glowing review. Phase I reconstituted schools tended to fare better than later Phases, n187 a phenomenon this Report confirms. n188 For example, only the staffs of elementary schools matched the ethnicity of their student populations despite the flexibility in hiring practices afforded byr. n189 At CSIP-designated and targeted schools, the elementary level displayed moderate reading gains but poor results in math; the middles schools showed a more even distribution in both areas as compared with other schools in the district; and the high schools demonstrated mediocre gains. n190 Generally, while most students in the district made one or more years` growth in reading and math, African American and Filipina/o students failed to show such growth in these areas. n191 The highest percentage of expulsions continue to stem from targeted and CSIP schools and remain predominantly African American and Latina/o students. n192 Suspension rates for African American students remain disproportionately higher than for other ethnic groups. n193 The data for both academic and disciplinary components, particularly regarding African American students on whose behalf the lawsuit spawning the consent decree was brought, illustrate a district that still requires substantial improvement. 

TOO EARLY TO SAY THAT RECONSTITUTION IMPROVES ACADEMIC ACHIEVEMENT

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	Assessing Reconstitution: Does It Lead to Greater Educational Quality?     The main purpose of reconstitution is to completely reorganize a school and its culture so that the school will better meet the educational needs of its students. In districts other than San Francisco, it is difficult to assess reconstitution because the practice has not been in application very long. n166 Many of those districts are still adjusting to the process. The committee of experts asked to make recommendations in San Francisco suggested that reconstituted schools be given five years to make progress. n167 Therefore, rather than prematurely evaluating  [*136]  ``systems-in-progress,`` Part IV will focus on San Francisco`s public schools. 

RECONSTITUTION IS TOO EXPENSIVE

RECONSTITUTION IS TOO EXPENSIVE TO BE WIDELY USED

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	In San Francisco, the total cost of reconstituting one high school, Burton, was calculated at $ 1,530,000. Memorandum, Sub: Phillip and Sala Burton H.S., Feb. 10, 1997. Relying on state funding since local funds were no longer available resulted in a one to two year delay in achieving the proposed reconstitution. Dr. Anthony Anderson, Assistant Superintendent of SFUSD`s Integration Department, noted that reconstitution will become more economically difficult because the resource pool remains stagnant, causing pressure of SFUSD to reprioritize resources. Interview with Dr. Anthony Anderson of SFUSD, in San Francisco, CA (May 2, 1997). For a discussion of how funding reconstitution affects school systems statewide, see infra Subsection 3, Challenges to reconstitution. 

RECONSTITUTION CAN BE EXPENSIVE

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	n139. Id. In 1995, four percent of the state`s public schools were reconstituted at a cost of $ 200,000 to $ 300,000 per school; the state grants financial and personnel resources and the schools make up the difference with their individual budgets. Susan Young, Failing Our Kids: State Seeks New Standards for Failing Schools, Bangor Daily News, Dec. 21, 1996. 

RECONSTITUTION FAILS BECAUSE OF A LACK OF TEAMWORK -- NOBODY LIKES RECONSTITUTION

TEACHERS FEEL DEMORALIZED BY RECONSTITUTION

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	In addition to the demoralization many teachers feel as a result of reconstitution, teachers also feel left out of the process.  

RECONSTITUTION SIMPLY BLAMES TEACHERS FOR PROBLEMS

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	```Reconstitution is a euphemism for blaming teachers for low performance.``` n2 
- Joan-Marie Shelley, former President of the United Educators of San Francisco. 

RECONSTITUTED SCHOOLS CANNOT ATTRACT NEW TEACHERS OF QUALITY

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	As noted by the elementary school principal, it is difficult to attract dedicated, experienced teachers to reconstituted schools. Many feel the reconstitution label will stigmatize them. n94 Some are so disheartened by reconstitution that they do not reapply for positions at their home school. n95 While not ``reconstituted`` herself, one teacher noted that a colleague who had just undergone the process the year before still describes it as the most demoralizing, heartbreaking experience of his life. n96 Other teachers in the district describe reconstitution as ``randomly replacing people instead of looking at their individual qualifications,`` ``a scapegoating device,`` and a method that ``blames and shames teachers, which is exactly the way we are trained not to treat children.`` n97 A thirty-year veteran was so angry at being  [*125]  ``vacated`` she wanted to hit someone; she claims the district ``stymied us, then shut us down.`` n98 In this antagonistic environment, retaining reconstituted teachers seems to be a tough challenge.

RECONSTITUTED SCHOOLS CANNOT ATTRACT TEACHERS TO A ``SINKING SHIP``

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	However, the ability to transform a school by creating a community dedicated to mutual goals may be tempered by the inability to attract teachers to what is sometimes perceived as a ``sinking ship.``

NEGATIVE DISADVANTAGES

page		Argument

237		Policy Churn
		Based on Hess` studies of schools in transition. The argument here is that when you introduce small, piecemeal reforms into schools one after the other, which has been done, each additional program makes things worse. It discourages the best teachers and stops later programs from being effective. Small changes literally choke the system so no real, productive changes can ever take place.

241		Disabling Professions
		Based on the work of McKnight and Cohen, this argument assumes that every increase in professional social services given to people (in this case high school students) pulls them into a network of services which diagnose the individual as defective and in need of services, and then keeps focusing on services until the client becomes compromised and disabled by ever more destructive social services. The result is a state of social service dependency, social control, and loss of personal autonomy.

252		Labeling
		When the affirmative labels a student as having a problem and then tries to deal with that problem, it is highly counter-productive. Overdiagnosis means more people are labeled than should be, but they end up becoming the labels put on them. This is true of educational programs, social service programs, and disciplinary programs. This phenomenon is also known as net widening.

262		Curriculum trade-off
		When the affirmative adds something new to the curriculum, something else has to be cut. Art education is the first thing to be cut. This is extremely disadvantageous because art education is one of the most valuable things students can receive, and the loss of the art education perspective will damage students and society.

272		Props up Capitalism
		This position carries forward the work of Bowles and Gintis, educational scholars who focus on the way the school system is responsible for reproducing and bolstering capitalism. School has as its real purpose preparing workers for capitalism. When the affirmative strengthens this, they strengthen a socially destruction function, but capitalism is a very bad system, or so they say.

282		Infringement on student and teacher rights
		There are two different disadvantages here. One argues that certain school regulations will compromise STUDENT RIGHTS to free speech and expression. The other argues that changes in educational policies will infringe on TEACHER RIGHTS to academic freedom. Both are important rights and education depends on them.

POLICY CHURN DISADVANTAGE

page	Argument

238		Shell
239		Links
240		Impact: education 					system damaged

 SHELL: POLICY CHURN -- SHORT SIGHTED SCHOOL REFORMS MAKE MEANINGFUL REFORM LESS LIKELY AND SCHOOLS SUFFER AS A SYSTEM

A. AFFIRMATIVE ATTEMPTS TO FIND A QUICK AND ATTRACTIVE SOLUTION TO SCHOOL PROBLEMS.

B. REFORM APPROACH LEADS TO COUNTERPRODUCTIVE WHEELSPINNING

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 5-6
	The collective exercise OF REFORM has become A SPINNING OF wheels. More and more energy is expended in an effort that goes nowhere. Like a car stuck on a muddy road, urban school districts have not benefited from simply spinning the wheels more and more rapidly. Getting urban schools unstuck requires a shift in emphasis-away from the pursuit of the curricular or pedagogical ``silver bullet`` that will really work-and toward an understanding of why urban school systems engage in reform and why nearly every reform produces disappointing results. Insufficient attention to the larger framework within which school reform is pursued has crippled efforts to understand the failure of school reform.

C. WE MUST STABILIZE THE CURRENT SYSTEM IN ORDER TO REFORM IT

William G. Cunningham, staff writer, September/October 1997; HIGH SCHOOL MAGAZINE,``Are you ready for 21st century schools?,`` EE2000--hxm p. 33
	To create the schools of the future, we must stabilize the current educational environment, which is highly politicized, adversarial, and disparate. Periodic budget crises, political attacks, and shifting mandates have created a high turnover rate among administrators, and a survival focus in education generally that has impeded major innovations. The challenge for educational leaders is to build the political and cultural stability and continuity needed to support reform.

D. THE CHURNING THEORY OF SCHOOL REFORM EXPLAINED

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 6-7
	Alexis de Tocqueville once wrote, ``America is a land of wonders in which everything is in constant motion and every change seems an improvement.`` School reform is premised on the belief that the troubled state of urban education is from current practice and that dramatic changes are needed, a belief that has fed the professional education community`s inclination to innovate. Active administrators enhance their professional reputation and community stature. The belief that innovation will eventually bring improvement is not unique to education. Researchers generally presume that more innovation is the mark of a good organization. I I The problem is that quick fixes and short-term leadership have distracted attention from improving instruction, constructing positive school cultures, and encouraging and rewarding professional competence.
This churning of reform distracts faculty from the core functions of teaching and learning. Evidence on the performance of parochial schools and high-performing schools suggests that the best schools are able to develop expertise in specific approaches.`` School improvement requires time, focus, and the commitment of core personnel. To succeed, the leadership must focus on selected reforms and then nurture those efforts in the schools. The very good schools ``often aren`t very innovative; indeed, their main strength often seems to be that they persist in, and develop increasingly deep understandings of, well-developed theories of teaching and learning.`` Churning through a series of short-term initiatives does not necessarily cause urban school districts to perform poorly, and the present research cannot quantify the impact that policy churn has on school performance. However, a wealth of research on school reform suggests that reforms fail because of inadequate implementation, planning, and coordination, precisely the problems that result from policy churn.

LINKS TO POLICY CHURN

THE RESULT OF ADDING ADDITIONAL EDUCATIONAL REFORMS IS POLICY CHURN

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 52-53
	 The result is ``Policy churn``-an endless stream of new initiatives, with the schools and teachers never having time to become comfortable with any given change. For example, faced with poor educational results, the Milwaukee public schools ``launched initiative after initiative in the name of educational reform.`` Not only have these efforts ``not produced improved academic achievement.... In some cases, the ink is barely dry on one project before the next is begun.``` This churning helps to explain why education innovations seem to have a very short half-life. The same kinds of measures reappear with different packaging and different names. In fact, while some districts in the sample were busily working to reform practice A to practice B other districts were ``reforming`` from B to A.

REFORM MUST BE BROAD-BASED IN ORDER TO BE EFFECTIVE

Eleanor Dougherty, Lecturer, Georgetown University, Fall, 1998; Virginia Journal of Social Policy & the Law GETTING BEYOND POLICY: SCHOOL REFORM IN PRACTICE // acs-VT2000
	Using standards for teachers and students as the touchstone of school reform, local policies must be implemented in the classroom and make educational sense for every student. To do this, communities - educators, policymakers, community groups, parents, and students - must work on a variety of fronts. Educators must improve the way they deliver education. Policymakers must support the efforts of teachers and administrators and set the stage for reform. And, communities must provide the political, financial, and social will to support students in their efforts to learn at higher levels. Such necessary collaboration means that school reform must be viewed and approached system-wide or systemically. 

SPECIFIC EDUCATIONAL REFORMS HAVE ONLY SERVED TO STOP BROAD CHANGE IN THE SYSTEM

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	Finally, in addition to potential administrative barriers to the adoption of a free market for pre-collegiate education, the possibility that reform efforts could fail to meet public expectations or that perceived improvements could overshadow actual progress, deserves attention. The great educational reforms of this century ultimately adapted to fit within the existing system of education. n119 Some reforms began with unrealistic expectations while others had modest initial goals that expanded after capturing the imagination of the public. n120 In the end, the structure of public education changed far more than its substance. 

ADDED COMPONENTS TO THE EDUCATIONAL SYSTEM ADD TO FRAGMENTATION AND LACK OF COHERENCE

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	See Lieberman, supra note 2, at 165 (``As `diversity` increases, the public school curriculum reflects more compromises between various interest groups. These compromises result in programs and courses that lack coherence or unity of purpose. Instead, they are a mishmash reflecting the politically feasible, no matter how pointless they may be educationally.``). 

CHOICE PLANS WILL ONLY FEED THE PROBLEMS OF POLICY CHURN

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 186-187
	Competition among firms to win and retain contracts is expected to increase attention to actual outcomes. This could powerfully orient schools around real achievement. There is a danger, however, that contracting will be ineffective at curbing policy chum. Many of the existing problems with assessing and interpreting real outcomes will continue, making it likely that school boards will rely to some extent on input proxies. Community pressure is likely to encourage urban boards to choose exciting firms promising quick results.

THE WAY TO AVOID POLICY CHURN IS TO FOCUS ON LONG TERM GOALS

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 181
	What might help to stop the furious wheel spinning in urban districts? How can urban school systems become ``unstuck``? Today, policymakers are inclined to move too quickly, too dramatically, and with too little attention to the actual impact of reforms on teaching and learning. The tendency to pursue symbolic reform is largely the product of institutional pressures, and these pressures cannot be combated solely by sage advice.
	The problems with school reform call for institutional and political solutions. This fact has been obscured by the tendency to address educational problems with educational solutions. Redressing the problem of policy chum in urban systems requires modifying incentives so that policymakers are encouraged to emphasize substantive, consistent, long-term improvement. The professional and political interests of urban school leaders need to be hitched to the long-term performance of urban schools.

IMPACT OF POLICY CHURN -- EDUCATION IS DAMAGED AS A SYSTEM

POLICY CHURN REDUCES STUDENT ACADEMIC ACHIEVEMENT

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 178
	The constant proposing and enacting of new measures-the spinning of wheels-by urban districts ensures that only the rare measure receives sustained support. Meanwhile, administrators, faculty, and community members are distracted and frustrated by one new plan after another. In fact, policy chum may not just distract and frustrate policymakers but actually reduce school performance and student outcomes. Future research needs to explore this alarming possibility.

POLICY CHURN DAMAGES AND DISCOURAGES THE MOST IMPORTANT ELEMENT IN EDUCATION -- THE TEACHERS

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 53
	Faced with this endless stream of half-measures, veteran teachers turn cynical about the process of reform and do not invest much energy in conforming with reforms that will likely soon be gone. As education scholar Susan Moore Johnson has observed: 
Rapid turnover, particularly in urban districts, leaves teachers and principals even more skeptical about superintendents` proposals. Knowing that superintendents must make their mark quickly if they are to keep their jobs or find better ones, teachers and principals often resent becoming agents of someone else`s career advancement. Fearing that rapid and visible change imposed by a new superintendent may lead to inchoate programs and wasted energy, teachers and others often become cynical and resist superintendents` enthusiastic plans to reform them and their schools .

POLICY CHURN MEANS THAT EVEN GOOD POLICIES NEVER GET THE TIME AND ATTENTION THEY NEED TO SUCCEED

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 53-54
	Any given method of schooling or teaching is likely to prove more effective with practice and refinement. However, the time and energy consumed by cycles of reform make it more difficult for urban school boards, educators, and parents to focus on improving particular approaches to teaching and learning. The result is that education innovation ``is both a story about periodic cycles of policy innovation around relatively predictable themes and a story about a `cottage industry` of innovations in instructional practice, neither of which seem to have much sustained effect on the enterprise as a whole .

POLICY CHURN HAS PUNISHED THOSE TEACHERS WHO WOULD TRY NEW IDEAS, THUS DISILLUSIONING THE BEST TEACHERS

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 179
	In effect, policy chum punishes those teachers who are willing to throw themselves into reform efforts. These are the very teachers who are most committed to teaching and their professional responsibilities. Meanwhile, the teachers who are the intended targets of reform are able to ride out the successive waves of reform behind the closed doors of their classrooms. Teachers who take reform at face value, investing their time and energy in the new proposals, find their efforts wasted when reforms rapidly fall out of fashion. These teachers disrupt their classrooms and lesson plans by attempting to teach in unfamiliar ways rather than refining methods with which they are comfortable. Because each regime initiates new reforms, within a few years this entire process starts again. Veteran teachers quickly learn to close their classroom doors and simply wait for each reform push to recede.`` This helps to ensure that each successive wave of reform is largely manned by new teachers lacking in institutional memory.

CURRENT EDUCATIONAL POLICY GRIDLOCK PREVENTS ANYTHING OTHER THAN ``FEEL GOOD`` SOLUTIONS

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	Then there is the problem of policy gridlock. One serious reform strategy focuses on standards and accountability; the other on school choice and diversification. It`s not hard to design a shrewd blend, combining national standards with radical decentralization and merging tough accountability measures with school choice. But politicians with an eye on their ``base`` - or an upcoming primary - won`t yield an inch on their pet schemes and aversions. Unable to reach agreement on genuine reforms, they reach instead for crowd-pleasers. 

DISABLING PROFESSIONS DISADVANTAGE

page		Argument

242		Shell
243		General school links
244		Social services links
245		Specific links
246		Increased services counter-productive
246		Impact: social control
247		Impact: loss of autonomy
248		Impact: citizen dependence
249		Impact: state tyranny
250		Must be skeptical of professional services
251		Answers

 SHELL: DISABLING PROFESSIONS -- INCREASED PROFESSIONAL SERVICES FOR STUDENTS CREATES NEEDLESS DEPENDENCE AND VICTIMIZATION

A. AFFIRMATIVE CREATES NEW SOCIAL SERVICES FOR STUDENTS

B. THIS INCREASES CLIENTS FOR SOCIAL SERVICE NETWORKS

MORE ALTERNATIVES MEAN MORE CLIENTS FOR SOCIAL SERVICE NETWORKS

STANLEY COHEN, Prof. Criminology Hebrew Univ., 1985; VISIONS OF SOCIAL CONTROL // ch-VT2000 p. 99
 Expansion and dispersal are readily understandable in terms of agency self-interest, feedback loops from one part of the system to the other, all the deals, shuffles and boundary disputes between various organizations. Clients are brought into the system because more alternatives exist.

C. PROFESSIONS WILL ACT TO INCREASE THEIR USE

John McKnight, Professor of Communications Studies and Urban Affairs at Northwestern University, 1977; DISABLING PROFESSIONS, EE2000--hxm p. 84
	A second disabling characteristic of professionalized remedial assumptions is the necessity for the remedy to define the need. As professionalized service systems create more elegant techniques and magnificent tools, they create an imperative demanding their use.

D. STUDENTS WILL BE TURNED INTO HELPLESS CLIENTS

Ivan Illich, author and Professor at Claremont McKenna College, 1977; DISABLING PROFESSIONS, EE2000--hxm p. 28-29
	Why are there no rebellions against the drift into disabling service delivery systems? The chief explanation must be sought in the illusion-generating power that these same systems possess. Besides doing technical things to body and mind, professionalism also is a powerful ritual which generates credence in the thing it does. Besides teaching Johnny to read, schools also teach him that learning from teachers is better. Besides providing locomotion, prestige, sexual licence and a sense of power packaged together, the automobile puts walking out of step. Besides providing help in seeking legal remedies, lawyers also convey the notion that they solve personal problems. Besides printing the news, papers also teach by their stories that doctors are curing cancer. An ever growing part of our major institutions` functions is the cultivation and maintenance of five illusions which turn the citizen into a client to be saved by experts.

GENERAL LINK: NEW SCHOOL PROGRAMS INCREASE DEPENDENCE ON SOCIAL SERVICES

SCHOOL REFORM IS ONLY A LEGITIMATION FOR MORE STATE CONTROL OVER PEOPLE`S LIVES

Stanley Cohen, Professor of Criminology at Hebrew University, 1985; VISIONS OF SOCIAL CONTROL., EE2000--hxm p. 83
	Let me summarize this section on `penetration and absorption` by drawing the lines a little bit more sharply than the reality. The system penetrates the space of the family, the school and the neighbourhood; it tries to buttress their existing control processes by exporting the modes of discipline and control which characterize its `own` spaces; it rationalizes all this by appealing to a vision of what the real family, school or community looked like once or should look like now - and these institutions are then changed further rather than restored to their pristine state.

EXPANSION OF SERVICES PAVES THE WAY FOR GREATER DEPENDENCE ON THE SYSTEM

Stanley Cohen, Professor of Criminology at Hebrew University, 1985; VISIONS OF SOCIAL CONTROL, EE2000-hxm p. 112-113
	Any satisfactory account of control policy must find some way of sifting through these deposits and assigning them relative weight. Take the `simple` matter of net expansion. Even if this did not happen quite as planned, it is actually `progressive` for the net to widen if you believe that this is a way of doing more good to more people. it is also true that organizational feedback loops can explain exactly the way this expansion takes place. And this explanation is even more plausible if we consider the dominant vested interest of the people running these bureaucracies, namely -to- create a dependency on more people just like themselves. It is also true that contradictions in the ideologies of community and state interventionism (which I examine in the next chapter) explain very well why expansion tends to take place. Finally, there are unmistakable tendencies in the political economy which simultaneously create more problematic, deviant and marginal groups as well as expand the size and range of methods to deal with them in an orderly way.

ATTRACTIVE PROGRAMS WIDEN THE NET OF SOCIAL CONTROL

STANLEY COHEN, Prof. Criminology Hebrew Univ., 1985; VISIONS OF SOCIAL CONTROL // ch-VT2000 p. 348
The paradox throughout all of this is that the more benign, the more attractive and successful the program is defined -- especially if it uses the shallow end principle, as most do -- the more it will be used and the wider it will cast its net.

GENERAL LINK: INCREASED SOCIAL SERVICES INCREASES DEPENDENCE ON SERVICE PROFESSIONALS

SOCIAL SERVICES PROJECT NEEDS ONTO PEOPLE IN ORDER TO MAINTAIN AND EXPAND THEIR SERVICES

John McKnight, Professor of Communications Studies and Urban Affairs at Northwestern University, 1977; DISABLING PROFESSIONS, EE2000--hxm p. 75
	Within this analytic framework pejoratives are inappropriate. After all, a serviced society provides an economy, a structure for social organization, and service workers motivated by the ethical values of care and love. If these service system needs are legitimate, clients can be viewed as needed, rather than in need, and we can get on with the business of researching, developing, manufacturing and marketing services without the necessity to project professional need upon citizens. We can deal in political and economic terms with the needs of servicers, freed of the apolitical mask of love.

PROFESSIONALS ALONE DECIDE IF THEIR SERVICE HAS HELPED, WHICH ENSURES A CYCLE OF ADDICTED DEPENDENCE ON SERVICES

John McKnight, Professor of Communications Studies and Urban Affairs at Northwestern University, 1977; DISABLING PROFESSIONS, EE2000--hxm p. 87
	As the service professions gain the power to unilaterally define remedy, need, and code the service process, a fourth disabling characteristic develops. It is the capacity of servicers to define the output of their service in accordance with their own satisfaction with the result. This fourth capacity develops in a service profession just as the citizen is totally and definitely transmogrified into a critical addict.
	Increasingly, professionals are claiming the power to decide whether their ``help`` is effective. The important, valued and evaluated outcome of service is the professional`s assessment of his own efficacy. The client is viewed as a deficient person, unable to know whether he has been helped.

SERVICES CREATE NEEDS TO JUSTIFY THEIR EXISTENCE

John McKnight, Professor of Communications Studies and Urban Affairs at Northwestern University, 1977; DISABLING PROFESSIONS, EE2000--hxm p. 74-75
	In a modernized society where the major business is service, the political reality is that the central ``need`` is an adequate income for professional servicers and the economic growth they portend. The masks of love and care obscure this reality so that the public cannot recognize the professionalized interests that manufacture needs in order to rationalize a service economy. Medicare, Educare, Judicare, Socialcare and Psychocare are portrayed as systems to meet need rather than programmes to meet the needs of servicers and the economies they support.
	Removing the mask of love shows us the face of servicers who need income, and an economic system that needs growth. Within this framework, the client is less a person in need than a person who is needed. In business terms, the client is less the consumer than the raw material for the servicing system. In management terms, the client becomes both the output and the input. His essential function is to meet the needs of servicers, the servicing system and the national economy. The central political issue becomes the servicers` capacity to manufacture needs in order to expand the economy of the servicing system.

OUR SERVICE ECONOMY IS ARRANGED FOR DEVIANT MAJORITIES AND THEIR KEEPERS

Ivan Illich, author and Professor at Claremont McKenna College, 1977; DISABLING PROFESSIONS, EE2000--hxm p. 25
	Multiple patient-relationships became a sign of desirable rather than deplorable health. To be an active client of several professionals provides you now with a well-defined place within the realm of serviceconsumers for the sake of whom our society functions. Under professional dominance the economy is organized for deviant majorities and their keepers.

BENIGN PROGRAMS WIDEN THE NET TO GAIN INCREASED FUNDING

STANLEY COHEN, Prof. Criminology Hebrew Univ., 1985; VISIONS OF SOCIAL CONTROL // ch-VT2000
 All this ensures a steady clientele. And the more benign, attractive and successful the programme becomes defined cd, the more it will be used, the more staff and budgets will be needed and the wider it will cast its net.

DEPENDENCE ON SERVICES IS INFINITELY REGRESSIVE

John McKnight, Professor of Communications Studies and Urban Affairs at Northwestern University, 1977; DISABLING PROFESSIONS, EE2000--hxm p. 70
	This stage of economic development is distinguished by its unlimited potential since service production has none of the limits imposed by goods production-limits such as natural resources, capital and land. Therefore, the social service business has endless possibilities for expansion as there seems to be no end to the needs for which services can be manufactured.
	Modernized nations are therefore best defined as service economies. They are serviced societies and they are peopled with service producers and service consumers--professionals and clients.

DISABLING PROFESSIONS -- SPECIFIC LINKS

INCREASING SAFETY CONTROL IN THE SCHOOLS LEGITIMIZES STATE CONTROL OVER PEOPLE`S LIVES AND PAVES THE WAY FOR INCREASED CONTROL

Stanley Cohen, Professor of Criminology at Hebrew University, 1985; VISIONS OF SOCIAL CONTROL, EE2000--hxm p. 80-81
	The harder forms of school `controlization` in the USA have little room for such euphemism. From the 1978 `Safe School Study` onwards, the entrepreneurial direction has been towards a massive investment in hardware and preventive technology: video surveillance, ultrasonic detectors, hot lines to the police, redesigning buildings into clusters of manageable space. Problems such as bomb threats, arson, vandalism, violence, drug pushing, `mass disruption` and `rumour control` are stressed, the object of the exercise being a safe, secure school. Parts of the relevant literature read like blueprint for converting the school into a closed-security prison. This is the message of `involvement` directed at school administrators by such private agencies as the Institute for the Reduction of Crime. Compared with the family, the school is obviously more of a `public` institution and its connections to the state are more direct. This will allow an even greater degree of penetration, soft or hard, in the future.

JUVENILE PROGRAMS ARE ESPECIALLY PRONE TO NET WIDENING

CHARLES FRAZIER, Prof. Sociology Univ. of Florida, April, 1992; CRIME & DELINQUENCY, ``Reducing juvenile detention rates`` // jah-VT2000 p. 204
 Whenever reform initiatives designed to reduce a population under state control are introduced, a risk exists that an opposite effect will occur. Through faulty design, faulty implementation, or because of other broader social forces, laws and policies designed to produce a decrease in the population under control may in fact result in an increase. When this occurs in the general area of juvenile justice programs, it is commonly referred to as ``net widening.`` Net widening can be defined as extending the use of a certain program beyond its intended target population (see Morris 1976; Blomberg 1980; Frazier, Richards, and Potter 1983; Esbensen 1984; Bynum and Greene 1984, for discussions of the concept). A substantial literature, especially in the area of juvenile diversion, warning of net widening as a possible undesirable outcome, has developed over the last 2 decades and there is now general awareness of it among both academics and practitioners (Klein 1976, 1979; Decker 1984). 

IDEOLOGY OF INNOVATION INCREASES NET WIDENING

STANLEY COHEN, Prof. Criminology Hebrew Univ., 1985; VISIONS  OF SOCIAL CONTROL // ch-VT2000 p. 97 
The eternal thread WHICH binds together the participants of this type of reform movement is that everybody means well.. The ideology of innovation in the name or progress allows each stage to tend credibility to the other: `every level of interaction is defended as a more humane or efficient means of averting something more severe.`` This encourages eternal expansion—the more benevolent a programme is Refined, the more it will be used, and the wider it will cast its net.

NET WIDENING BECOMES INTEGRATED INTO THE COMMUNITY AND THUS SPREADS SOCIAL CONTROL

STANLEY COHEN, Prof. Criminology Hebrew Univ., 1985; VISIONS OF SOCIAL CONTROL // ch-VT2000 p. 231
 When matters such as boundary blurring integration and community control take place the result is that more people get involved in the `control problem` . in order to weaken by-pass or replace the formal apparatus more rather than less attention has to be given to the deviance question. In order to include rather than exclude a set of judgments have to be made which `normalizes` intervention in a greater range of human life The result is not just more controllers (whether professionals or ordinary citizens) but also an extension of these methods to wider and wider populations. The price paid by ordinary people is to become either active participants or passive receivers in the business of social control.

IMPACT: INCREASED SERVICES HAVE COUNTERPRODUCTIVE RESULTS

INCREASED SERVICE REFORM IS ONLY COUNTERPRODUCTIVE AND DISABLING

John McKnight, Professor of Communications Studies and Urban Affairs at Northwestern University, 1977; DISABLING PROFESSIONS, EE2000--hxm p. 77-78
	An alternative view suggests that there may be a counterbalance-indeed an immovable object-that faces the irresistible force: a new ideology that assigns to the state the coordination of total disservice; If such an object exists, it is found in the human necessity to act rather than be acted upon; to be citizen rather than client. It is this human imperative that suggest that even the best managed service systems will be unable to overcome popular recognition of the disabling impacts of modernized professional service.

IMPACT: SOCIAL CONTROL ON A VAST SCALE

PROFESSIONALS OF SERVICE INSTITUTIONS DOMINATE AND SHAPE PEOPLE`S LIVES FOR THEM

Ivan Illich, author and Professor at Claremont McKenna College, 1977; DISABLING PROFESSIONS, EE2000--hxm p. 16-17
	Control over work is not a new development. Professionalism is one of many forms that the control over work has taken. in former times soldiers of fortune refused to fight until they got the licence to plunder. Lysistrata organized female chattel to enforce peace by refusing sex. Doctors in Cos conspired by oath to pass trade secrets only to their offspring. Guilds set the curriculum, prayers, tests, pilgrimages and hazings through which Hans Sachs had to pass before he was permitted to shoe his fellow burghers. In capitalist countries, unions attempt to control who shall work what hours for what minimum pay. All trade associations are attempts by those who sell their labour to determine how work shall be done, and by whom. Professions also do this, but they go further: they decide what shall be made, for whom and how their decrees shall be enforced. They claim special, incommunicable authority to determine not just the way things are to be made, but also the reason why their services are mandatory. Many professions are now so highly developed that they not only exercise tutelage over the citizen-become-client, but also determine the shape of his world-become-ward.

SCHOOLS HAVE BECOME MERELY A SYSTEM OF SOCIAL CONTROL

Stanley Cohen, Professor of Criminology at Hebrew University, 1985; VISIONS OF SOCIAL CONTROL, EE2000-hxm p. 80
	At the soft edge, an increasing array of professionals- paraprofessionals, counsellors, social workers, psychologists and experts of all sorts have attached themselves to the school. Their task is to `pick up` deviancy problems at their source and, where possible, contain them without formal referral to the system. The fact that these personnel are themselves part of the machine is not usually seen as a contradiction, despite the increasing formalization of their methods, for example the use of diagnostic rating scales to weed out the potential delinquents, the inclusion of schools in behaviour-contract agreements with criminal justice agencies and the incorporation of token economy programmes into the routine of the classroom.

COMMUNITY INSTITUTIONS LIKE SCHOOL HAVE BEEN TRANSFORMED INTO PRISONS OF SOCIAL CONTROL

Stanley Cohen, Professor of Criminology at Hebrew University, 1985; VISIONS OF SOCIAL CONTROL, EE2000-hxm p. 78
	So much for the vision. The reality does not look quite the same. Far from avoiding the touch of the formal system, the primary institutions have, in various metaphors, been invaded, penetrated, besieged or colonized by the formal system. Far from there being any less reliance on experts, these same experts are simply working within the primary institutions. If there has been any `absorption` it is not that the deviant has been absorbed by community institutions, but that the community institutions have been absorbed by the formal control system. The spaces surrounding the net - to return to my old metaphor are increasingly drawn into its orbit.
	The historical sequence, then, is a little different from the story of the four Rs. First, there is control in the community; second, control is concentrated in the prison - an isolated, specially constructed model of what the good community should look like; third, prisons are reformed (this is what the Progressives visualized) to make them less artificial and more like ordinary communities - the community is brought into the prison; then, fourth, the modality of the prison is dispersed and exported back into the community.

IMPACT: LOSS OF PERSONAL AUTONOMY AND FREEDOM

EDUCATION HAS MUTATED INTO AUTHORITATIVE CONTROL OVER PEOPLE`S LIVES

Ivan Illich, author and Professor at Claremont McKenna College, 1977; DISABLING PROFESSIONS, EE2000--hxm p. 19
From merchant-craftsman or learned adviser, the professional has mutated into a crusading and commandeering philanthropist. He knows how infants must be fed, which student is or is not to go for higher education, and what drugs people may or may not ingest. From a tutor who guided and watched over you while you memorized your lesson, the schoolmaster has mutated into an educator whose legal status entitles him to a moralizing crusade in which he pushes himself between you and anything you want to learn. Even the dogcatchers of Chicago have mutated into authoritative experts on canine control.

NET WIDENING INCREASES THE SEVERITY OF SOCIAL CONTROL OVER INDIVIDUALS

MAEVE McMAHON Canada research fellow in centre of criminology, U of Toronto, 1992, The Persistent Prison? - Rethinking decarceration and penal reform // TEC-VT2000 p. 32
 As the process of `widening the net` is said to have been accompanied by that of `thinning the mesh,` the predominant image is that of a system in perpetual expansion: deviants are continually subjected to new, more intense and pervasive forms of control that are woven into, and beyond, traditional institutional networks of penal control (Austin and Krisberg 1981; Blomberg 1980; Chan and Ericson 1981; Cohen 1979a, 1983, 1985; Lowman, Isfenzies, and Palys 1987; Muncie and Coventry 1989; Scull 1984; Van Dusen 1981). 

NET WIDENING DESTROYS LIBERTY AND FREEDOM

HUGH BARLOW, Prof. So Illinois, 1987; JOURNAL OF CRIMINAL LAW & CRIMINOLOGY, ``Stanley Cohen on Crime Control // ch-VT2000 p. 433
 As control mechanisms are dispersed from custody institutions into the community they penetrate ever deeper into the social fabric touching more and more people. At the same time, a blurring of the boundaries between deviants and non-deviants and between different types of deviants occurs. The punitive archipelago described by Foucault is expanded as resources, technology, ingenuity, and professional vested interests affect the control problem as never before. Increasing numbers of entrepreneurs are also drawn into the control enterprise in search of profits from diversion and divestment. This privatization is further extended through the growth of volunteer programs and citizen policing. It is the boundary blurring and the absorption of the community by the control system, not vice versa as Cohen carefully points out. This enables the system to camouflage its activities.

NET WIDENING INEVITABLY REDUCES PERSONAL AUTONOMY

STANLEY COHEN, Prof. Criminology Hebrew Univ., 1985; VISIONS OF SOCIAL CONTROL // ch-VT2000 p. 70
 Even when the notion of `alternative` is not phony, the idea of `preference` or `choice` most often is. At the deep end of the system, choice is seldom offered while at the shallow end, the generation of new treatment criteria and the persuasiveness of the social welfare and preventive rhetorics often ensure an erosion of traditional rights and liberties.

IMPACT: CITIZEN DEPENDENCE ON DISABLING PROFESSIONALS

SERVICE IN STITUTIONS TRAP INDIVIDUALS INTO A CYCLE OF NORMALIZATION AND DEPENDENCE

Stanley Cohen, Professor of Criminology at Hebrew University, 1985; VISIONS OF SOCIAL CONTROL, EE2000--hxm p. 41-2
	Imagine that the entrance to the deviancy control system is something like a gigantic fishing net. Strange and complex in its appearance and movements, the net is cast by an army of different fishermen and fisherwomen working all day and even into the night according to more or less known rules and routines, subject to more or less authority and control from above, knowing more or less what the other is doing. Society is the ocean - vast, troubled and full of uncharted currents, rocks and other hazards. Deviants are the fish.
	But unlike real fish, and this is where the metaphor already starts to break down, deviants are not caught, sorted out, cleaned, packed, purchased, cooked and eaten. The system which receives the freshly caught deviants has some other aims in MIND. After the sorting-out stage, the deviants are in fact kept alive (freeze-dried) and processed (shall we say punished, treated, corrected?) in all sorts of quite extraordinary ways. Then those who are `ready` are thrown back in the sea (leaving behind only the few who die or who are put to death in the system). Back in the ocean (often with tags and labels which they may find quite difficult  It to shake off), the returned fish might swim around in a free state for the rest of their lives. Or, more frequently, they might be swept up into the net again. This might happen over and over. Some wretched creatures spend their whole lives being endlessly cycled and recycled, caught, processed and thrown back.

SOCIAL SERVICES FORCE DEPENDENCE ON PROFESSIONALS

John McKnight, Professor of Communications Studies and Urban Affairs at Northwestern University, 1977; DISABLING PROFESSIONS, EE2000--hxm p. 82-83
	These professionalized definitions of need produce a logical and necessary set of remedial assumptions, each with its own intrinsically disabling effects.
	The first of these assumptions is the mirror image of the individualized definition of need. As You are the problem, the assumption is that I, the professionalized servicer, am the answer. You are not the answer. Your peers are not the answer. The political, social and economic environment is not the answer. Nor is it Possible that there is no answer- 1, the professional, am the answer. The central assumption is that service is a unilateral process. I, the professional, produce. You, the client, consume.

PROFESSIONAL SERVICES DISABLE PEOPLE BY DEFINING THEM AS CLIENTS THAT NEED SERVICES TO BE HELPED

John McKnight, Professor of Communications Studies and Urban Affairs at Northwestern University, 1977; DISABLING PROFESSIONS, EE2000--hxm P. 90
	Professionalized services communicate a world view that defines our lives and our societies as a series of technical problems. This technical definition is masked by symbols of care and love that obscure the economic interests of the servicers and the disabling characteristics of their practices.
	The sum of these disabling characteristics is an ideology that converts citizens to clients, communities to deficient individuals and politics to a self-serving debate by professionals over which service system should have a larger share of the Gross National Product.

SCHOOLS INSTITUTIONALIZE PEOPLE AS CLIENTS AND PERPETUATES DEPENDENCE

John McKnight, Professor of Communications Studies and Urban Affairs at Northwestern University, 1977; DISABLING PROFESSIONS, EE2000--hxm p. 88
	The paradigm of this process is the school. Unlike most servicing systems, the school is transparent in its institutional definition of the client`s role. The school client is evaluated in terms of his ability to satisfy the teacher. The explicit outcome of the system is professional approval of behaviour and performance.
	The professional imperative is now universalizing the ideology of the school, communicating the value of effective clienthood. Negating even the client ``output`` evaluation, modernized professional services increasingly communicate the value of being an effective client as the proof of the system`s efficacy.

THE INABILITY TO DEFINE ONE`S OWN PROBLEMS IS DEHUMANIZING

John McKnight, Professor of Communications Studies and Urban Affairs at Northwestern University, 1977; DISABLING PROFESSIONS, EE2000--hxm p. 85
	THE  capacity to define the problem becomes a professional prerogative, citizens no longer exist. The prerogative removes the citizen as problem -definer, much less problem-solver. It translates Political functions into technical and technological problems.

IMPACT: STATE TYRANNY AND LOSS OF FREEDOM

DEPENDENCE ON PROFESSIONALS LEADS TO TYRANNY

John McKnight, Professor of Communications Studies and Urban Affairs at Northwestern University, 1977; DISABLING PROFESSIONS, EE2000--hxm p. 84
	The political implications of this assumption are central to anti-democratic systems. Indeed, it is possible that societies, dependent on economies of unilateral professional servicing, are systematically preparing their people for anti-democratic leaders who can capitalize upon the dependencies created by expert, professionalized helpers, who teach people that ``they will be better because we, the professional helpers, know better``.

NET WIDENING LEADS TO A NIGHTMARE POLICE STATE

 JAMES AUSTIN & BARRY KRISBERG, National Council on Crime & Delinquency, 1981; JOURNAL OF RESEARCH IN CRIME & DELINQUENCY, January, ``Wider, stronger, and different nets`` `` ch-VT2000 p. 188-9
``Widening the net`` describes the nightmare of the benevolent state gone haywire. This horror has already been vividly portrayed in Orwell`s 1984, Solzhenitsyn`s Cancer Ward, Kesey`s One Flew Over the Cuckoo`s Nest, and Burgess` Clockwork Orange, Social scientists and criminologists have just caught up with the humanists. Now it is the urgent task of social theory and research to explain how the widened net can be reduced immediately and avoided in the future.

ENHANCED SOCIAL CONTROL OF AN UNDERCLASS CREATES THE CONDITIONS FOR REVOLUTION, WAR, AND GENOCIDE

JONATHAN SIMON, Prof. Law Univ. Miami, 1993; POOR DISCIPLINE: PAROLE AND THE SOCIAL CONTROL OF THE UNDERCLASS // jah-VT2000
It is a peculiar form of government. Politically it is bereft of self government rights. Legally it involves diminution of the general constitutional protections against searches and seizures by the police. Beyond the formal institutions of government, however, the situation gets even grimmer The poverty zones are left unsecured and unregulated by the post industrial economy and its forms of mass surveillance. As their involvement with the labor market has been attenuated and their involvement with the criminal justice system intensified, the new urban poor are being separated into a distinct political society (as the term ``underclass`` itself seems to express). In the course of human events, such divisions of political society have invariably lead to revolutions, civil wars, and genocides.

WE MUST OPPOSE EXPANSION OF SOCIAL SERVICES AND TAKE A SKEPTICAL VIEW OF THEM

WE MUST CRITIQUE OUR SERVICE INSTITUTIONS AND OUR RELIANCE ON THEM

Ivan Illich, author and professor, Irving K. Zola, Prof. of sociology at Brandeis, John McKnight, Professor of Communications and Urban Affairs at Northwestern, Jonathan Caplan, lawyer and author, Harley Shaiken, machinist, 1977; DISABLING PROFESSIONS; EE2000--hxm, p. intro
	But the debate about the beneficence of the professions must not express itself merely in vague frustrations. we must make an organized attempt to understand what the professions` power consist of and by what they are motivated. And we must examine the nature of our own submission to the professions` disabling effects, now and in the future.

WE MUST MOVE TOWARDS A SKEPTICAL ATTITUDE TOWARDS SOCIAL SERVICES

Ivan Illich, author and Professor at Claremont McKenna College, 1977; DISABLING PROFESSIONS, EE2000--hxm p. 14
	I consider such a descent into techno-fascism as unavoidable until the major thrust of social criticism begins to change from the support of a new or radical professionalism into the endorsement of a patronizing and sceptical attitude towards the expertsespecially when they presume to diagnose and to prescribe. As technology is blamed for environmental degradation, the complaint may be turned into a demand that engineers ought to study biology. As long as hospital catastrophes are blamed on the rapacious doctor or the negligent nurse, the question of whether the patient can in principle benefit from hospitalization is never raised. If mere capitalist gain is blamed for an economics of inequality, industrial standardization and concentrationcausing an unequal power structure-will be left uncriticized and unchanged.

A POST-PROFESSIONAL ETHOS IS OUR ONLY HOPE

Ivan Illich, author and Professor at Claremont McKenna College, 1977; DISABLING PROFESSIONS, EE2000--hxm p. 39
	These non-ideological minorities may turn into a political force. The age of Disabling Professions may very well close when these silent minorities can clarify the philosophical and legal character of what in common they do not want. The advantages of self-chosen joyful austerity evidenced by these people will acquire political form and weight only when combined with a general theory that places freedom within publicly chosen limits above claims for ever more costly packages of ``rights``. But the post-professional society cannot be summed up, nor, by its very essence, can its design characteristics be predicted or predicated. We are incapable of imagining what free men can do when equipped with modern tools respectfully constrained. The Post-Professional Ethos will hopefully result in a social panorama more colourful and diverse than all the cultures of past and present taken together.

A POST-PROFESSIONAL ETHOS IS POSSIBLE

Ivan Illich, author and Professor at Claremont McKenna College, 1977; DISABLING PROFESSIONS, EE2000--hxm p. 38-39
	Thousands of individuals and groups now challenge Professional dominance over themselves and the socio-technical conditions in which they live. They do so by the questions they ask and the style of life which they consciously create. In the social wasteland that sprawls between the unionized dullness of Middle America and the smug spirituality of orthodox protest, I continually bump into these people and tribes. True, they are still a disparate lot, only seeing through the smog, darkly. But they begin to recognize what they must abandon to live. Further, groups continue to amaze themselves because of their tolerance for the quite different style in which the tribe squatting on the next plot chooses to live.

ANSWERS TO DISABLING PROFESSIONS/NET WIDENING

WIDENING THE NET IS JUST PROPAGANDA

ARNOLD BINDER, Prof. Univ. California Irvine, 1984; CRIME & DELINQUENCY, April; ``ad populum argumentation`` // ch-VT2000 pp. 315-6
 The phrase ``widening the net`` is, of course, employed perjoratively, with the intent to evoke an emotional response. It conjures up visions of a mesh net that is thrown over thrashing victims, incapacitating them, as they flail about, desperately seeking to avoid captivity. The net is maneuvered by ``agents of social control,`` another image-provoking term, this one carrying a Nazi-like connotation. Both terms are employed for purposes of propaganda rather than to enlighten. The reality, compared to the rhetoric, is a good deal milder. Black, for instance, points out that ``social control is the normative aspect of social life. It defines and responds to deviant behavior, specifying what it ought to be: What is right or wrong, what is a violation, obligation, abnormality, or disruption. Law is social control, but so are etiquette, custom, ethics, bureaucracy, and the treatment of mental illness.

NET WINDENING THEORY IS BASED ON FAULTY CONCLUSIONS AND EXCESSIVE CLAIMS

ARNOLD BINDER, Prof. Univ. California Irvine, 1984; CRIME & DELINQUENCY, April; ``ad populum argumentation`` // ch-VT2000 pp. 311
 Terms such as ``widening the net,`` a construct apt to enlist the sympathy of any of US with a reasonable anxiety about getting caught up in snares which take away our freedom, have been used perjoratively to denigrate diversion. net widening is based on faulty conclusions and over statements.

NOT UNIQUE -- PENAL AND WELFARE SYSTEM SERVE AS THE GOVERNMENT OF THE UNDERCLASS NOW

JONATHAN SIMON, Prof. Law Univ. Miami, 1993; POOR DISCIPLINE: PAROLE AND THE SOCIAL CONTROL OF THE UNDERCLASS // 
jah-VT2000
In contrast, today`s ``underclass`` finds itself virtually ignored by the state and federal government, except as a demonized other for use in the electoral process. In a very real sense the penal system, along with the welfare system, has become the predominant government of the poor.

NOT UNIQUE -- STATE INTERVENTION EXPANDING NOW

HUGH BARLOW, Prof. So Illinois, 1987; JOURNAL OF CRIMINAL LAW & CRIMINOLOGY, ``Stanley Cohen on Crime Control`` // ch-VT2000 p. 432
State intervention has, in fact, been strengthened and extended, and both old and new forms of control have expanded. The focus of control has become dispersed and diffused.

NON-UNIQUE -- TREND TOWARD COMMUNITY CONTROL NOW

STANLEY COHEN, Prof. Criminology Hebrew Univ., 1985; VISIONS OF SOCIAL CONTROL // ch-VT2000 p. 48-9
 If the use of community control is increasing and if traditional : custody is either increasing or only remaining constant, an inescapable conclusion suggests itself—that the system overall is getting larger. This, in fact, is the trend reported from all research.

LABELING DISADVANTAGE

page		Argument

253		Shell
254		Links
255		Links: African American students
255		Links: special education
256		Impact: people become the labels
257		Impact: labeling by the state is 					especially dangerous
258		Impact: becomes self-perpetuating
258		Impact: social reaction solifies 					label
259		Impact: social control
260		Answers
261		Disciplinary labeling is the worst of 			all

SHELL: AFFIRMATIVE APPLIES HARMFUL LABELS

A. AFF CREATES A LABEL FOR STUDENTS, AND THAT LABEL IS ___________.

B. THE STATE CARRIES OUT ACTIONS BASED ON STEREOTYPICAL PREMISES

ROBERT LILLY & FRANCIS CULLEN, PROFESSOR OF LAW & CRIMINOLOGY NORTH KENTUCKY UNIVERSITY, PROFESSOR OF CRIMINAL JUSTICE UNIVERSITY OF CINCINNATI, 1995 CRIMINOLOGY THEORY, CONTEXT, AND CONSEQUENCES HEE200-SFW p-1 13
	A number of labeling theory -studies illustrate this principle. In one experimental study conducted in Los Angeles, a racially mixed college student sample, all of whom had perfect driving record`s in the past year, had Black Panther bumper stickers affixed to their car bumpers. Within hours of the experiment`s start, they began to accumulate numerous tickets for traffic violations (e.g., for improper lane change), thus suggesting that police officers were ``labeling`` differentially on the basis of the bumper stickers (Heusenstamm, 1975). Other researchers, interested in police encounters with juveniles, observed that officers` decisions to arrest wayward youths were based less on what law was violated and more on the juveniles` demeanorwhether they were respectful and cooperative or surly and uncooperative (Piliavin & Briar, 1964). 

C. IMPACT: ONCE LABELED THE LABEL TENDS TO ENGULF THE INDIVIDUAL

S. GRORA SHOHAM & JOHN P. HOFFMAN, TEL-AVIV UNIVERSITY, ASSISTANT PROFESSOR UNIVERSITY OF NORTH CAROLINA, 1991, A PRIMER IN THE SOCIOLOGY OF CRIME // EE200-SFW p.1 15
	The second method that ascribes a deviant or criminal label on a person involves role engulfment. Role engulfment concerns a shift in attention from the labelers to the labeled. It occurs when the deviant gets ``caught up`` in the role, identifies with the role, and when his or her behavior tends to revolve around the role (Schur 1971:69). The similarity between role engulfment and secondary deviance is apparent
	Role engulfment does not appear all at once. Rather, it is a process of continuous interaction between the labelers and the potentially labeled. It is also subtle; evolving over time through actions and reactions, and definitions and redefinitions. Not even the status degradation ceremony may be enough for role engulfment to occur, it usually takes the ultimate acceptance of the labeled to be complete. Role engulfment is therefore a social psychological shift in the person`s self identity; we ultimately use the role to define who we are and why we do things.

FACTORS ATTENDING THE AFFIRMATIVE PLAN WILL ACCELERATE APPLICATION OF HARMFUL LABELS

STATE ACTION WITH THE INTENTIONS TO SOLVE DEVIANCE ONLY AMPLIFIES THE BEHAVIOR UNDER SCRUTINY

JOHN TIERNEY, DIRECTOR OF STUDIES (CRIMINAL JUSTICE) NEW COLLEGE DURHAM, 1996, CRIMINOLOGY THEORY AND CONTEXT HEE200-SFW p.143
	Leslie T. Wilkins (1964) introduced the concept of deviancy  -amplification` as a way of explaining the process outlined above. It describes those paradoxical situations where the social reaction on the part of control agents, Which is aimed at stamping out or controlling the deviance, in fact leads to an increase in amounts and frequency. Amplification in this context does not simply mean that publicity given to some deviant behaviour by the mass media leads to `copycat` behaviour on the part of others. Rather it seeks to identify a process arising from secondary deviation, where those labelled as deviant incorporate  the label within their self-image. This has a knockon effect of producing more reactions from control agents, thereby further consolidating the deviant self-image. In time, this creates a deviancy amplification spiral, as others attracted by the deviant status also become involved. Stan Cohen`s (1980) classic study of the Mods and Rockers phenomenon in the 1960s set out to illustrate how deviancy amplification operated with respect to these specific youth subcultures. The title of his book, Folk Devils and Moral Panics, contains two further concepts popular with interactionists. Cohen argued that the very actions by police, magistrates and mass media designed to eradicate the delinquent activities of Mods and Rockers, were in reality counterproductive in that they ultimately created and sustained a much larger `problem`.

THE CONCEPT OF DEVIANCE IS AN OUTDATED WAY OF VIEWING SOCIAL INTERACTIONS

JOHN TIERNEY, DIRECTOR OF STUDIES (CRIMINAL JUSTICE) NEW COLLEGE DURHAM, 1996, CRIMINOLOGY THEORY AND CONTEXT HEE200-SFW p.150
	Liazo`s paper on -`nuts, sluts and perverts` -was an important example of this type of critique. He drew attention to the harm done to people as a result of racial disadvantage and discrimination, and to the poverty, ill health, and so on, associated with a capitalist society. In the following year, Thio (1973) produced a similar argument, and castigated the sociology of deviance for failing to disengage itself from the ideological requirements of powerful elites.
	Recently the British criminologist, Colin Sumner (1994: 262), has suggested that the `nuts, sluts and preverts` critique presented by these two papers in 1972 and 1973 could have had a momentous impact on the sociology of deviance in the United States and in Britain, leading to the demise of the concept of deviance itself:
These two essays took American sociology of deviance to the brink of a dissolution of the field of study, but held back from the crucial theoretical steps of superseding the concept of deviance and abandoning the search for a general theory of deviance. (original emphasis)
From this perspective the key to understanding deviance lies not in the behaviour itself, but, rather in the ideologies that define and shape what, is thought to be `deviant`.

WORDS AND PHRASES WITH NORMATIVE CONNOTATIONS SHOULD BE AVOIDED

KAI ERIKSON, NOVEMBER 20,1995, IMPROVING POOR PEOPLE: THE WELFARE STATE, THE ``UNDERCLASS,`` AND URBAN SCHOOLS AS HISTORY HEE200-SFW p.2
	That being so, what language should we use? On the one hand, if it is true, as Gans and Katz both fear, that terms like ``under-class`` leave the impression that poverty has more to do with personal morality than social condition, then we would be wise to speak more carefully. Man people now in positions of authority think the poor slide into their present misery not because they are caught in cruel undertow but because they drink too much or fornicate too casually or commit other sins against the commonweal. And many others think welfare itself saps whatever moral vitality the poor might otherwise have at their disposal. To give comfort to that kind of thinking would be a profound pity, because the real world--as Kozo] shows so clearly--is nothing like the world that appears in their cold imagining.
	And yet there is no question but that sustained poverty does cut to the spiritual bone and that the temper of our inner cities (to step as deftly as possible around the term ``culture``) can be so demoralizing and dispiriting, so numbing and humiliating, that the lives shaped there really do become different.

AFRICAN AMERICAN STUDENTS WILL BE LABELED

BLACKS ARE EARMARKED FOR FAILURE BEFORE REACHING SCHOOL

Loretta J. Brunious, 1998, ``HOW BLACK ADOLESCENTS SOCIALLY CONSTRUCT REALITY`` EE-2000 // GJL p. 26
	Douglas Glasgow (1980) also argues that society perpetuates the domination of the mainstream. In a study of poverty in black youth, he refutes psychosocial models that contend that the condition of blacks is due to individual deficits and charges that these psychosocial assumptions serve to only justify and perpetuate these conditions that serve to keep blacks jobless, unskilled, entrapped, and on the outside of the mainstream of society. He argues that structural factors are directly or indirectly responsible for the perpetuation of poverty and the development of an underclass. Thus, black youth are earmarked for failure and rendered obsolete before they can gain access to entrance into mainstream society. This rejection and labeling are perceived to be safeguards by the school as a representative of the dominant social order.

DISCRIMINATION IS RESPONSIBLE FOR THE NEGATIVE IMAGE OF DISADVANTAGED BLACK ADOLESCENTS

Loretta J. Brunious, 1998, ``HOW BLACK ADOLESCENTS SOCIALLY CONSTRUCT REALITY`` EE-2000 //GJL p. 30-31
	James Comer (1988) develops a holistic intervention system in education as a means to save minority students. In a longitudinal ethnographic study of younger African-American children conducted by the Yale Child Study Center School Development Program (SDP) and directed by James Comer, they contend that minority students who live in poverty do not lack ability but have suffered periods of discrimination, economic, educational, cultural and social deprivation. Slavery, a state of enforced dependency and inferiority, offered no future, in contrast to the .dominant Anglo culture which placed a high value on independence and personal advancement. Thus, the dominant culture devalued the imposed black culture and many blacks in turn developed a negative self image.
	Moreover, if we scrutinize the dialectical existence of the schools and the curriculum closely, at what point do we ask: what is actually being taught and learned in the schools? And is the curriculum designed to teach something other than the three R`s? And why?
	Therefore, the pedagogical machinery and the theoretical frameworks which black disadvantaged adolescents are educated are critical in the construction of reality. Other crucial mechanisms contribute to reinforce this complex construction.

LINK: SPECIAL EDUCATION AND TERM ``DISABLED``

INCREASE IN SPECIAL EDUCATION RECEIVING LABEL OF LEARNING DISABLED

SUSAN F. TOMASI, SCHOOL PSYCHOLOGIST, NEW YORK CITY BOARD OF EDUCATION. SHARON L. WEINBERG, PROFESSOR, NEWYORK UNIVERSITY. 1999, LEARNING DISABILITY QUARTERLY, ``CLASSIFYING CHILDREN AS LD: AN ANALYSIS OF CURRENT PRACTICE IN AN URBAN SETTING`` // EE2000 HT P 31
	Since the initiation of the Education for All Handicapped Children Act of 1975 (P. L. 94-142), the classification of children with learning disabilities has increased dramatically across the United States. According to the U.S. Department of Education (1990), 782,095 public school children received special education services in 1977 while in 1989 that number jumped to two million. During the 1993-1994 academic year, approximately 5 1% of the students receiving special education services were classified as learning disabled (LD) (U.S. Department of Education, Seventeenth Annual Report to the Congress, 1995). In New York State alone, of a total of 931,910 students attending public schools, 169,716 (18%) were classified as LD and were receiving some form of special service (Annual Education Summary for New York State, Year Ending June 30th, 1991). The -magnitude of these numbers demonstrates the extent to which special education services currently are being rendered in our schools. It serves also to fuel the perception that children placed in special education are too often misplaced, and are not, in fact, LD (e.g., Dillon, 1994; Richardson, 1995; Shapiro, Loeb, Bowermaster, Wright, Hadden, & Toch, 1993).

LABELING STUDENTS AS DISABLED IS UNPRODUCTIVE

Robert Sinclair, Professor of Education at Texas A&M University of Massachusetts in Amherst Massachusetts, Director of the National Coalition for Equality in Learning, 1997. REACHING AND TEACHING ALL CHILDREN Grassroots efforts that work.// GJL p. 6
	Americans are famous for a pragmatic, can-do attitude. We instinctively ask, ``What works?`` Impatient with cant, we want our theories to prove out in practice. So, when our ideology celebrating an education for all on equal terms falters on the reality of some students having difficulty learning in school, we seek straightforward solutions.
	Our work together teaches us that when a youngster is having trouble learning, it is necessary to study that student and the conditions that seriously affect his or her learning. Some of these crucial conditions are inside the individual while others are external to the student. Labeling students as ``learning disabled,`` ``at risk,`` or ``disadvantaged`` because of a few symptoms of their problem is shortsighted and not productive. Rather, it is necessary to look intensively at the conditions that block effective learning and to act directly to create more conducive environments for learning. Our findings show there is no one way to solve learning problems. Rather, improvement is likely to result when educators understand the student as a unique person with assets as well as limitations and when they see the learning environment in a clear-sighted way as a complex of intellectual, social, and physical conditions that might favor or restrict the learning opportunities for this individual.

IMPACT: INDIVIDUALS BECOME THE LABELS THE AFFIRMATIVE PUTS ON THEM

LABELS CHANGE THE WAY INDIVIDUALS VIEW THEMSELVES AND SOCIETY

JOHN TIERNEY, DIRECTOR OF STUDIES (CRIMINAL JUSTICE) NEW COLLEGE DURHAM, 1996, CRIMINOLOGY THEORY AND CONTEXT HEE200-SFW p.138
	Labelling  theorists focused on the the interactions between individuals or groups and those who label or define them as deviant. Out of these interactional encounters - say, between police and `delinquents` the participants will construct meanings: namely, images and understandings of both themselves and the others involved. The relationship between definers and defined is conceived of as processual: that is, individuals are involved in a process whereby they subjectively construct a symbolic world. Under certain circumstances these interactions lead to -the application of a `deviant` label. This, in turn, has psychological implications in that those so labelled may come to see themselves in terms of the label. It also has social implications in that such labelling is likely to have an impact on the way in which individuals labelled as deviant are treated by others in the future. This link between labelling and future behaviour, was partly derived from Merton`s idea of a `self-fulfilling prophesy.`

LABELLING CAUSES INDIVIDUALS TO CONSTRUCT A SOCIAL REALITY CENTERED AROUND STIGMATIZED BEHAVIOR

JOHN TIERNEY, DIRECTOR OF STUDIES (CRIMINAL JUSTICE) NEW COLLEGE DURHAM, 1996, CRIMINOLOGY THEORY AND CONTEXT HEE200-SFW p.139
	From the perspective of labelling theory the quality of `deviance` does not reside in the behaviour itself, but is, rather, the outcome of responses to that behaviour by various social audiences. Behaviour that is potentially deviant is said to occur all the time, among all sections of society (though, in effect, all behaviour is potentially deviant). Which behaviour actually gets labelled deviant depends upon how and where it is carried out, and on the nature of the interactional responses:
• In some instances the individual simply does not get caught. They perhaps possess the resources to cover their tracks.
• Sometimes the audience lacks the power to apply the deviant label. Clearly, relationships of power are central to labelling processes.
• Sometimes the general circumstances allow the behaviour to be normalized. In another context the behaviour may easily be defined as deviant, but contingent factors, such as being on holiday or inebriated, may allow the behaviour, although it might be odd or frightening or whatever, to be kept within the frame of normality.
• Sometimes the individual is able to resist the impact of labelling, perhaps because of others who can protect their non-deviant identity.
Out of these complex interactional processes the participants interpret and negotiate their understandings of what is going on. In short, they construct social reality. The process of becoming deviant reaches a key stage when the recipient of the label begins to accept the label and sees him or herself as deviant.

IMPACT: STATE LABELING ONLY INCREASES THE BEHAVIOR THEY ARE SEEKING TO EXTINGUISH

STATE ACTION ONLY DEEPENS THE BEHAVIOR IT WAS MEANT TO HALT

ROBERT LILLY & FRANCIS CULLEN, PROFESSOR OF LAW & CRIMINOLOGY NORTH KENTUCKY UNIVERSITY, PROFESSOR OF CRIMINAL JUSTICE UNIVERSITY OF CINCINNATI, 1995 CRIMINOLOGY THEORY, CONTEXT, AND CONSEQUENCES //EE200-SFW p.110
	When people violate the law, we assume that the state`s most prudent response is to make every effort to apprehend the culprits and to process them through the criminal justice system. Informing this assumption is the belief that state intervention reduces crime, whether by scaring offenders straight, by rehabilitating them, or by incapacitating them so they are no longer free to roam the streets victimizing citizens. Scholars` embracing the labeling, theory of crime, however, attack vigorously this line of reasoning. Rather than diminishing criminal involvement, they caution, state interventionlabeling and reacting to offenders as ``criminals`` and ``ex-felons``-can have the unanticipated and ironic consequence of deepening the very behavior it was meant to halt. 

SOCIAL REACTIONS TO LABELS ONLY CAUSE MORE DEVIANCE

ROBERT LILLY & FRANCIS CULLEN, PROFESSOR OF LAW & CRIMINOLOGY NORTH KENTUCKY UNIVERSITY, PROFESSOR OF CRIMINAL JUSTICE UNIVERSITY OF CINCINNATI, 1995 CRIMINOLOGY THEORY, CONTEXT, AND CONSEQUENCES HEE200-SFW p.1 18
	But how is the prophecy fulfilled? How are incipient criminals, who might well have gone straight if left to their own devices, turned into chronic offenders? Again, the conferring of a criminal label singles a person out for special treatment. The offender becomes, in Becker`s (1963) words, ``one who is different from the rest of us , who cannot or will not act as a moral human being and therefore might break other important rules`` (p. 34). As a result, being a ``criminal`` becomes the person`s ``master status`` or controlling public identification (pp. 33-34; see also Hughes, 1945). In social encounters, citizens do not consider the offender`s social status as a spouse, as a parent, or perhaps as a worker, but instead focus first and foremost on the fact they are interacting with a criminal.
	Admittedly, this public scrutiny might scare or shame some offenders into conformity. But for other offenders, the constant accentuation of their criminal status and the accompanying social rebuke has the unanticipated consequence of undermining the conforming influences in their lives and of pushing them into criminal careers. Thus, in the face of repeated designation as criminals, offenders are likely to forfeit their self-concept as conformists or ``normal`` persons and internalize increasingly their public definition as deviants. As this identity change takes place, the offender`s self-concept loses its power to encourage conformity: The pressure to act consistently with one`s self-concept now demands breaking the law.

PEOPLE LABELED AS DEVIANTS ARE VICTIMS OF THE IDEOLOGIES CREATED BY POLITICAL ESTABLISHMENTS

JOHN TIERNEY, DIRECTOR OF STUDIES (CRIMINAL JUSTICE) NEW COLLEGE DURHAM, 1996, CRIMINOLOGY THEORY AND CONTEXT // EE200-SFW p.147
	In a classic paper, Alvin Gouldner (1968) argued that labelling theorists had conjured up an image of the deviant as the innocent victim of the application of labels by control agents such as the police: `manon-his-back`, rather than `man-fighting-back`. This, he said, made deviance entirely contingent on the whims of authority. For Gouldner, the labelling theory view of marginalized groups was in fact an.. expression of the liberal, welfareoriented ideology of the American establishment, whereby all deviants were victims. They were, however, not seen as victims of the system, so much as victims of pettyminded and illiberal agencies and individuals within it.

ONCE AN INDIVIDUAL IS LABELED AS DEVIANT THEY SEARCH FOR OTHERS WITH SIMILAR LABELS

JOHN TIERNEY, DIRECTOR OF STUDIES (CRIMINAL JUSTICE) NEW COLLEGE DURHAM, 1996, CRIMINOLOGY THEORY AND CONTEXT HEE200-SFW p.142
	An acceptance of the label, and the carrying out of further deviant acts, may therefore be mechanisms used by those labelled to cope with the problems posed by the labelling. Obviously, the imposition of the label `deviant` involves, at its core, judgements about a person`s moral worth. The label can easily become the new master status`, superseding a range of other statuses such as mother, teacher and footballer. The early symbolic interactionists, from whom many of these ideas had been drawn, had shown that how an individual is treated by significant others has profound implications for how an individual sees him or herself; the process was encapsulated in Cooley`s concept, introduced at the beginning of the twentieth century, of the `looking glass self`. Being treated as a `thief`, /sexual pervert`, `alcoholic`, `mad person`, and so on, makes it extremely difficult for those involved to take part in the routines of normal life, and, as Becker said, they `of necessity develop illegitimate routines`. In this situation, the individual is likely to seek out others who have been similarly labelled, which then forms the basis for mutually supporting subcultural groups. 

IMPACT: LEVELS OF DIAGNOSED ACADEMIC ACHIEVEMENT BECOME SELF-PERPETUATING

STUDENT PERFORMANCE REFLECTS THE EXPECTATIONS SET ON THEM

Judith A. Monsaas, Board of Regents, University System of Georgia; Fall, 1998; Virginia Journal of Social Policy & the Law GEORGIA P-16 INITIATIVE: CREATING CHANGE THROUGH HIGHER STANDARDS FOR STUDENTS AND TEACHERS // acs-VT2000
	Some educational reformers argue that many differences in achievement among K-12 students from various ethnic and socioeconomic groups are attributable to differing expectations for those students on the part of teachers and counselors. n1 Evidence clearly shows that students from minority and low-income groups are more often placed in non-college preparatory programs. n2 When these students are placed in college preparatory courses, often less is expected of them than is expected of students from more affluent backgrounds as reflected by the number of students who have college preparatory degrees but require remediation in college. n3 In the same courses, students receiving grades of ``A`` in schools that serve low income areas test at a level comparable to students re ceiving grades of ``C`` in schools serving affluent areas.

LOW EXPECTATIONS LEAD TO LOW ACADEMIC ACHIEVEMENT

Robert E. Frye, vice chairman of the Fairfax County School Board, September 13, 1998, The Washington Post SECTION: OP-ED; Pg. C08; HEADLINE: Top 10 List for Raising Student Achievement // acs-VT2000
	My feeling is that while discrimination and lack of remediation are real issues that should be addressed by the school board, the most immediate problem remains low expectations by students, parents and school communities and a tolerance for marginal academic performance. 

IMPACT: SOCIAL REACTION INCREASES THE LABEL`S POWER

SOCIAL REACTIONS TO SPECIFIC BEHAVIORS CAUSE GREATER PARTICIPATION IN DEVIANCE

JOHN TIERNEY, DIRECTOR OF STUDIES (CRIMINAL JUSTICE) NEW COLLEGE DURHAM, 1996, CRIMINOLOGY THEORY AND CONTEXT // EE2000-SFW p.140
	Becker`s Outsiders found an enthusiastic audience among more radical British and American sociologists in the late 1960s. Here was a fundamental critique of a criminological orthodoxy that conceptualized the social world  terms of the normal on one side of the moral line, and deviance/crime on the other. Becker had attempted to bring to light the continuities, rather than discontinuities, between deviant and non-deviant worlds significantly, instead of the concept of crime, with its connotations of moral absolutism he used the concept of deviance, and he shifted attention away from the supposed intrinsic qualities of the rule breaker, towards the reactions of the social audience, and the interactional processes leading to the application of the deviant label.
	Becker traced the processes through which an individual learns to become a marijuana user. The behaviour is not seen as resulting from deviant motivations; these come later because of the reactions of control agents and their efforts to deviantize those involved. Put another way, prior to any deviant label being applied, the individual chooses not to be deviant, but to use a drug that happens to be strongly frowned upon, and indeed, legal. Becker aimed to show how deviant identities and understandings depended upon the labelling process. In this way he sought to infuse the user`s original behaviour with authenticity - to show how choices are made. his was a challenge to traditional formulations that viewed deviant motivations as resulting from deterministic forces operating prior to any labelling. As Matza (1969: 110) says in a commentary on Becker`s analysis: it becomes apparent that anyone can become a marijuana user and that no one has to` (original emphasis).

SOCIAL REACTIONS TO THOSE LABELED AS DEVIANT PUSH THEM TOWARDS THEIR STIGMATIZED BEHAVIOR

S. GRORA SHOHAM & JOHN P. HOFFMAN, TEL-AVIV UNIVERSITY, ASSISTANT PROFESSOR UNIVERSITY OF NORTH CAROLINA, 1991, A PRIMER IN THE SOCIOLOGY OF CRIME // EE200-SFW p.1 13
	Becker (1973) adapted this classification scheme to the study of deviance. He claimed that the status of being a criminal is a master status. Furthermore, the role of criminal as a master status tends to override other potential master statuses. A skilled engineer who also happens to be in prison will tend to be identified as an inmate first. The criminal status carries with it many auxiliary traits including questionable character, bad morals, untrustworthy disposition, and suspicious behavior. The deviant status also tends to place the person outside of mainstream society. The deviant is different from the rest of us. 
	The labeling process shapes not only the way people perceive a person, but also that person`s behavior. Becker (1973) asserted that a self-fulfilling prophesy is the result of applying a criminal master status on a person. Since the ``criminal`` or deviant is interpreted in such a negative light, his opportunities for participating in socially acceptable activities are limited. Limitations on employment and involvement with conventional groups drive the labeled towards illegal or unconventional channels. Thus, the only role left is one which includes illegal activities and unconventional associations. Their final role is one of secondary deviance.

IMPACT: LABELS ARE USED AS TOOLS OF SOCIAL CONTROL

LABELS ARE USED AS IMPLEMENTS OF SOCIAL CONTROL

S. GRORA SHOHAM & JOHN P. HOFFMAN, TEL-AVIV UNIVERSITY, ASSISTANT PROFESSOR UNIVERSITY OF NORTH CAROLINA, 1991, A PRIMER IN THE SOCIOLOGY OF CRIME // EE200-SFW p.106
	A well-known book about stigma includes in its analyses the blind, the lame, Jews, blacks, drug addicts, prostitutes, and homosexuals (Goffman 1963). We have excluded from our discussion of social stigma those who are physically handicapped as well as religious and ethnic minorities. These differ in their external appearance Or Standout Socially because they belong to various minority groups. They are so conspicuous and generate such strong societal reaction that they are easily distinguished from the social labels that presently concern us (Shoham 1979). We will Emit our discussion to the stigma affixed by the society and its institutions on individuals and groups, in connection with their conformity or deviation from the accepted social norms. We use the term stigma to describe negative labels affixed to the social image of individuals or groups, and which, inter alia, serve as a means of social control.

NORMATIVE CLAIMS SUCH AS DEVIANT ARE EXAMPLES OF TOTALITARIANISM

S. GRORA SHOHAM & JOHN P. HOFFMAN, TEL-AVIV UNIVERSITY, ASSISTANT PROFESSOR UNIVERSITY OF NORTH CAROLINA, 1991, A PRIMER IN THE SOCIOLOGY OF CRIME // EE200-SFW p.104
	The solidarity-subjectivity continuum is defined by two diametric perspectives at its two extremes. The viewpoint at the solidarity extreme is that seen through the eyes of the group; those approaching it are moving from social deviance towards the (positive) goal of conformity. Obviously, this viewpoint is laden with a clear value judgment, the most extreme examples of which are the totalitarian movements. These movements all place the group, rather than the individual, in the center and as the criterion of good and bad. The individual-his or her loves and hates, means, rights, actual body and personalityought to be sacrificed for the greater ``good`` and future advancement of the movement, the party, or the masses. It is the individual who errs if his or her interests clash with those of the group. There is no subjective evaluation of needs; the sole legitimate criterion is the objective good of the common goal. Fair play and naive errors have no place in the totalitarian normative system; only results have any value. There can be no such thing as moral failures or immoral successes.

THE ACTIVITIES OF THE POWERFUL CAUSE MORE SOCIAL HARM THAN THOSE STIGMATIZED AS DEVIANT

JOHN TIERNEY, DIRECTOR OF STUDIES (CRIMINAL JUSTICE) NEW COLLEGE DURHAM, 1996, CRIMINOLOGY THEORY AND CONTEXT HEE200-SFW p.149
	A second important critical front developed around Liazos`s (1972) theme of `nuts, sluts and preverts` (the misspelling has already been explained). By focusing on marginalized groups with unconventional lifestyles, it was argued that labelling theorists were themselves helping to create deviant labels, and mystifying the reality of deviance and crime; for example:
The term `social deviants` . . . does not make sufficiently explicit - as the terms ,scapegoat` or `victim` do - that majorities usually categorize persons or groups as `deviant` in order to set them apart as inferior beings and to justify their social control, oppression, persecution, or even complete destruction. (Szasz, 1973: xxv-xxvi)
	Thus, the argument ran, even if one accepted the view from labelling theory that deviant, status was ascribed by control agents, and that when in full swing the labelling process led to an acceptance of that status and a commitment to a deviant lifestyle by the individual, they none the less ended up as deviant. No matter how they got there, we can all recognize who they are. It was this seeming compliance with the ideologies of dominant groups in society that was now being criticized.

 ANSWERS TO LABELING THEORY

THE LABELLING THEORY DOESN`T ACCURATELY DESCRIBE SOCIETY AS A WHOLE

JOCK YOUNG, HEAD OF THE CENTER FOR CRIMINOLOGY MIDDLESEX UNIVERSITY, 1998, THE NEW CRIMINOLOGY REVISITED // EE200-SFW p.19
	Finally, both theories had distinct limitations with regard to the macrolevel of  analysis. Labelling theory, in particular, was concerned very fruitfully with the immediate interaction between the actor and the labelling process, but it had little theory of total society outside the clash of disparate interest groups and moral entrepreneurs. Subcultural theory was excellent in terms of its sense of contradiction between structure and culture on a macrolevel, but it had little sense of the dynamics of society as a whole (see Taylor, 1971, p. 148). 

OMISSIONS OF VARIABLES DISCREDITS THE LABELLING THEORIES VALIDITY

JOCK YOUNG, HEAD OF THE CENTER FOR CRIMINOLOGY MIDDLESEX UNIVERSITY, 1998, THE NEW CRIMINOLOGY REVISITED // EE200-SFW p.36
	Indeed the critique of labelling theory is based on the fact that it omits an explanation of the wider and immediate origins of the deviant act and concentrates solely on the reaction against it (ibid., p. 165). The New Criminology explicitly expands on the notion of relative deprivation as the cause of crime and the breakdown of the meritocratic myth as a prime cause of crime (ibid., p. 137). It is therefore pointedly against those theorists who, following the tradition of labelling theory, abandon the search for the causal mechanisms that give rise to crime (cf. Muncie, this volume). That is, in particular, those influenced by social constructionism who not only - as we have seen - bracket off the deviant act from the reaction against it and focus solely on the latter, but suggest that the explanation of crime and deviancy has no ontological validity.

 DISCIPLINARY AND CRIMINAL LABELING IS THE WORST EXAMPLE OF COUNTER-PRODUCTIVE LABELING

LABELLING THEORISTS ARGUE THAT STATE INTERVENTION CREATES RATHER THAN HALTS CRIME

ROBERT LILLY & FRANCIS CULLEN, PROFESSOR OF LAW & CRIMINOLOGY NORTH KENTUCKY UNIVERSITY, PROFESSOR OF CRIMINAL JUSTICE UNIVERSITY OF CINCINNATI, 1995 CRIMINOLOGY THEORY, CONTEXT, AND CONSEQUENCES //EE200-SFW p.1 14
	In sum, labeling theorists. elucidated the importance of considering the origins of criminal labels and the circumstances that affected their application. But they did not confine their attention to these concerns. They proceeded to put forward the more controversial proposition that labeling and reacting to people as criminals composed the major source of chronic involvement in illegal activity. State intervention, they claimed, created, rather than halted, crime.

LABELLING CREATES CAREER CRIMINALS

ROBERT LILLY & FRANCIS CULLEN, PROFESSOR OF LAW & CRIMINOLOGY NORTH KENTUCKY UNIVERSITY, PROFESSOR OF CRIMINAL JUSTICE UNIVERSITY OF CINCINNATI, 1995 CRIMINOLOGY THEORY, CONTEXT, AND CONSEQUENCES HEE200-SFW p.1 15
	Where should the search for the cause of crime begin? As we have seen, scholars have argued traditionally that the starting point for criminological inquiry should be either individual offenders themselves or the social environments in which they reside. Labeling theorists, however, argued that causal analysis should not commence with offenders and their environs but with the societal reaction that other people-including state officialshave toward offenders. Again, their contention was based on the belief that labeling and treating lawbreakers as criminals have the unanticipated consequence of creating the very behavior they were meant to prevent. 

STATE INTERVENTIONIST POLICIES HARDEN CRIMINAL ATTITUDES

ROBERT LILLY & FRANCIS CULLEN, PROFESSOR OF LAW & CRIMINOLOGY NORTH KENTUCKY UNIVERSITY, PROFESSOR OF CRIMINAL JUSTICE UNIVERSITY OF CINCINNATI, 1995 CRIMINOLOGY THEORY, CONTEXT, AND CONSEQUENCES HEE200-SFW p.1 16
	Although observations such as these anticipated the more developed views of later labeling theorists, Frank Tannenbaum (1938) was perhaps the earliest scholar to state in general terms the principle that state intervention is criminogenic because it ``dramatizes evil.`` ``Only some of the children [who break the law] are caught,`` he noted, ``though all may be equally guilty.`` And this event is not without consequence. The youth is ``singled out for specialized treatment`` as the ``arrest suddenly precipitates a series of institutions, attitudes, and experiences which other children do not share. ` Now the youth`s world is changed fundamentally; people react differently, and the youth starts to reconsider his or her identity. ``He is made conscious of himself as a different human being than he was before his arrest,`` observed Tannenbaum. ``He becomes classified as a thief, perhaps, and the entire world about him has suddenly become a different place for him and will remain different for the rest of his life`` (p. 19). This is true particularly if the youth is placed in prison, for here incipient, ``uncrystallized`` criminal attitudes are ``hardened`` through the ``education`` older offenders provide (pp. 66-81).

PUBLIC REACTIONS TO ``DEVIANCE`` CREATES PROFESSIONAL CRIMINALS

ROBERT LILLY & FRANCIS CULLEN, PROFESSOR OF LAW & CRIMINOLOGY NORTH KENTUCKY UNIVERSITY, PROFESSOR OF CRIMINAL JUSTICE UNIVERSITY OF CINCINNATI, 1995 CRIMINOLOGY THEORY, CONTEXT, AND CONSEQUENCES HEE200-SFW p.1 18
	 In short, theorists observed that the meaning of the label ``criminal`` in ,our society leads citizens to make assumptions about offenders that are wrong or only partially accurate. These assumptions, moreover, are consequential because they shape how people react to offenders. Equipped ,with false definitions or stereotypes of criminals, citizens treat all offenders as though they were of poor character and likely to recidivate. On one ,level, these reactions are prudent, if not rational; after all, it seems safer )not to chance having one`s child associate with the neighborhood`s ``juvenile delinquent`` and not to employ a ``convicted thief` to handle one`s cash register, Yet on another level, these reactions have the power to set in motion processes that evoke the very behavior that was anticipated, that transform an offender into the very type of criminal that was feared.

CRIMINAL LABELS HINDER INDIVIDUALS ABILITY TO INTERACT SOCIETY

ROBERT LILLY & FRANCIS CULLEN, PROFESSOR OF LAW& CRIMINOLOGY NORTH KENTUCKY UNIVERSITY, PROFESSOR OF CRIMINAL JUSTICE UNIVERSITY OF CINCINNATI, 1995 CRIMINOLOGY THEORY, CONTEXT, AND CONSEQUENCES HEE200-SFW p.1 19
	Finally, saddling offenders with an official criminal label - particularly when they have spent time in jail and carry the status of ex-convict - limits their employment opportunities. Through their sentences, offenders may ``pay back`` society for their illegal behavior, but they find it far more difficult to shake their definition as persons of bad character who may fall by the wayside at any time. Employers, therefore, see them as poor risks and hesitate to hire them or to place them in positions of trust. Most often, offenders are -relegated to low-paying, dreary jobs with few prospects for advancement. In this context, crime emerges as a more profitable option and a lure that only the irrational choose to resist.

IMPRISONMENT CREATES MORE ``DEVIANCE`` THAN ANY OTHER STATE ACTION

BERT LILLY & FRANCIS CULLEN, PROFESSOR OF LAW & CRIMINOLOGY NORTH KENTUCKY UNIVERSITY, PROFESSOR OF CRIMINAL JUSTICE UNIVERSITY OF CINCINNATI, 1995 CRIMINOLOGY THEORY, CONTEXT, AND CONSEQUENCES //EE200-SFW p.1 19
	The abrogation of ties to conventional society, labeling theorists warned, is most probable when state intervention involves institutionalization. Imprisonment entails the loss of existing employment and strains family relations to the point that they  may not survive. It also mandates that offenders reside in a social setting where contact. with other, more hardened criminals is enforced. Education in crime, as Tannenbaum (1938) and other early criminologists noted, is the likely result.

CURRICULUM TRADE OFF DISADVANTAGE

page	Argument

263		Shell
264		Trade offs will happen
264		Specific links
265		Art education is fine if left alone
265		Art is a valid discipline which needs to be 			taught
266		Need art education in secondary schools
267		Impact: we need art education to save our 			civilization
268		Impact: art teaches critical thinking
268		Impact: need art education for overall 				education
269		Impact: need art education for intercultural 			understanding
270		Impact: art education needed for personal 			growth & development
271		Impact: need art education to stop violence
271		Value of aesthetic experience does not need 			justification

 SHELL: CURRICULUM TRADE-OFF

A. THE AFFIRMATIVE ADDS SOMETHING NEW TO THE CURRICULUM

B. ARTS GET CUT WHEN OTHER THINGS ARE EMPHASIZED

PUBLIC AND SCHOOLS DO NOT PERCEIVE THAT ART IS IMPORTANT, SO IT IS CUT WHEN OTHER THINGSD ARE EMPHASIZED

MEREDITH DAVIS, Arts Education Policy Review November, 1998; Pg. 7; HEADLINE: Making a Case for Design-Based Learning// acs-VT2000
	Although the arts were eventually included among the core subjects before the passage of legislation in 1994, the impact of the visual arts on achieving high learning outcomes by America`s youth was generally lost on the public and educators in other subject areas. Despite former National Endowment for the Arts chair Jane Alexander`s impassioned speech to arts education leaders several years ago, explaining that the arts have a role to play in each of the eight goals, the typical PTA member or high school principal would have a tough time imagining that painting, sculpture, and art history classes held much import as a national strategy for achieving weapon-free schools.(3)

C. ARTS ARE NEEDED FOR REAL ACADEMIC ACHIEVEMENT

ERNEST L. BOYER, 1974, FOUNDATIONS FOR CURRICULUM DEVELOPMENT AND EVALUATION IN ART EDUCATION,`` EDITED BY GEORGE W. HARDIMAN AND THEODORE ZERNICH, UNIVERSITY OF ILLINOIS, URBANA // GJL EE-2000  p. 41
	The arts serve affective education, to be sure. But they also improve cognitive learning.
	We are beginning to discover for ourselves what great artists have always known. The theatre can teach history. Dance can teach the social sciences. Photography can teach literature and mathematics.
	The arts provide other teaching benefits  as well. They often spark ,low classroom interest, improve attendance, stimulate the love of learning, and the love of other people.

TRADE OFFS WILL HAPPEN

REAL EDUCATIONAL REFORM MEANS THERE WILL BE POLICY TRADE OFFS

FREDERICK HESS, Brookings Institution, 1999; SPINNING WHEELS: the politics of urban school reform // acs-VT2000 p. 181-182
	Of course, the downside of political solutions is that they inevitably involve trade-offs. American education has evolved as a patchwork of politically treacherous compromises, such as those that limit the differentiation of successful and unsuccessful students, promise a similar education to all children, and protect teachers in the urban workforce. It is not at all clear that policymakers are willing to rework those compromises simply for the sake of educational efficacy. Increasing the accountability of school districts and administrative control of what goes on in the classroom may mean revisiting these compromises. Whether we are willing to do this is an open question.

REFORM EFFORTS MUST ASSESS THE IMPACT ON OTHER PARTS OF THE SCHOOL ENVIRONMENT

Jeffrey Mervis, staff writer, Science July 10, 1998; Pg. 161; HEADLINE: U.S. tries variations on high school curriculum; American Renaissance in Science Education hopes to reverse order of teaching core sciences to high school students // acs-VT2000
	Regardless of the content, any reform effort also must overcome the problem of assessing its impact on a complex and dynamic environment--what some evaluators compare to ``changing the tires on a car as you`re driving down the road.`` 

SPECIFIC LINKS

FOCUS ON PRACTICAL JOB SKILLS SHORTCHANGES THE ARTS

MEREDITH DAVIS, Arts Education Policy Review November, 1998; Pg. 7; HEADLINE: Making a Case for Design-Based Learning// acs-VT2000
	Focus on sustaining ``commerce, industry, science, and technological innovation`` left little room for directly linking arts education to reform initiatives.

ART EDUCATION IS THREATENED IN FAVOR OF ``BASIC`` ACTIVITIES

ROCKEFELLER, 1976, FOUNDATIONS FOR CURRICULUM DEVELOPMENT AND EVALUATION IN ART EDUCATION EDITED BY GEORGE W. HARDIMAN AND THEODORE ZERNICH, UNIVERSITY OF ILLINOIS, URBANA // GJL EE-2000  p.61
	Visual  arts are acknowledged and acceptable. They are seen by administrators, teachers, and curriculum planners as a desirable Dart of the child`s school experiences. However, they may be removed in favor of more ``basic`` activities.

NEW SOCIAL FACTORS PUT INTO THE CURRICULUM CROWD OUT LIBERAL ARTS

Peter Schrag, Sacramento Bee May 19, 1999, Pg. B7 HEADLINE: COMMENCEMENT: WHAT DOES THE DIPLOMA MEAN? // acs-VT2000
	Every time there`s some sort of social crisis we try to cram a pedagogical solution into the school program: drug and alcohol prevention; sex education and AIDS prevention; violence control; multiculturalism; self-esteem; consumer ed. But who speaks for the liberal arts: for humanism, civic engagement and real literacy? 

PRIVATE PROVIDERS WILL FOCUS ON THE BASICS, THUS DESTROYING ART, COUNSELING, AND SPECIAL EDUCATION PROGRAMS

Harvard Law Review January, 1999; NOTE: THE HAZARDS OF MAKING PUBLIC SCHOOLING A PRIVATE BUSINESS // acs-VT2000
	Consequently, contracts with private providers often do not specify which services must be continued. n26 But such vagueness opens the door to an inappropriate exercise of discretion by private actors. For example, the for-profit Education Alternatives, Inc. (EAI), n27 which contracted to run several Baltimore public schools in 1992, n28 ``transferred all counselors and specialists, including teachers of art, music, physical education, and special education`` out of those schools. n29 Allowing recreational activities or art programs to fall by the wayside defines education as solely academic learnings. And by potentially serving only a select population of students, n30 the provider undermines the inclusiveness that promotes the democratic and civic purposes of public education and alters the product that is delivered. 

ADDING EXTRA ITEMS TO THE CURRICULUM TRADES  OFF WITH CORE OFFERINGS

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	Examples of these educational objectives include widely offered courses in AIDS education, consumer education and sensitivity education, each of which takes valuable public school resources away from instruction of core offerings.

ART EDUCATION CAN THRIVE IF LEFT ALONE

HOPE EXISTS FOR ART EDUCATION

RONALD W. NEPERUD, 1995, CONTEXT CONTENT AND COMMUNITY IN ART EDUCATION BEYOND POST MODERNISM, ``TRANSITIONS IN ART EDUCATION: A SEARCH FOR MEANING`` // GJL EE-2000 P. 19
	One can be optimistic about the future of art education if art teachers and future art teachers make a serious attempt to understand the changes in art, aesthetics, pedagogy, students, and the society of which they and their students are a part; teachers will understand that art education is a continual struggle over meaning of art. Meaning is not simply given through the content of art, but it involves understanding the dynamically complex context in which art is created and used. Transitions represent the core concerns of contemporary art education that accommodate traditions and change representing content and context. This volume will examine how art teachers can come to grips with transitions in art education today in a postmodern era.

ART IS AN IMPORTANT FORM OF EDUCATION

EDMUND BURKE FELDMAN, 1996, ART PROFESSOR AT THE UNIVERSITY OF GEORGIA. PHILOSOPHY OF ART EDUCATION EDITED BY GEORGE W. HARDIMAN AND THEODORE ZERNICH, UNIVERSITY OF ILLINOIS, URBANA // GJL EE-2000  P. 5
	Our answers to these questions should acknowledge a defining trait of art: it is a mode of connecting, a form of communication. If art were only self-expression it would have a legitimate role in education, but that role would be very limited. We would have to think of students as atomized individuals whose relation to society and each other is usually self-centered and frequently unresponsive. The latter term is crucial: it alludes to the inability or reluctance of an individual to answer. Inability to answer means inability to communicate, which means inability to reach out and share the contents of one`s self.

ART IS A VALID ACADEMIC DISCIPLINE

ART MEETS THE CRITERIA FOR A DISCIPLINE

MANUEL BARKAN, 1962, FOUNDATIONS FOR CURRICULUM DEVELOPMENT AND EVALUATION IN ART EDUCATION, ``THE VISUAL ARTS IN SECONDARY-SCHOOL EDUCATION,`` EDITED BY GEORGE W. HARDIMAN AND THEODORE ZERNICH, UNIVERSITY OF ILLINOIS, URBANA // GJL EE-2000 P. 109
	Beyond the general significance of the visual arts for inclusion in secondary school basic education, there is the particular structure of the field with its characteristic qualities. How are problems in his field formulated? What is the mode of attack in quest of a solution? What is the body of knowledge in the field? How are criteria derived for application to working problems?
	Each field of study worthy of the name has two definite and discriminating characteristics: first, its specialized, disciplined method of inquiry; and second, its accumulated body of content . . . . In other words, each discipline has its own strategy for acquiring knowledge as well as its own fund of acquired knowledge. The method of the discipline is its ``way of life``; the content is the consequence of its past.

FORMAL EDUCATION NECESSARY FOR ART

ROCKEFELLER, 1976, FOUNDATIONS FOR CURRICULUM DEVELOPMENT AND EVALUATION IN ART EDUCATION, ``THE ARTS: A BETTER PRIMER FOR OUR CHILDREN, ``EDITED BY GEORGE W. HARDIMAN AND THEODORE ZERNICH, UNIVERSITY OF ILLINOIS, URBANA // GJL EE-2000 p. 90
	Very briefly, one argument against requiring aesthetic education is that people like art anyway. This assertion is bolstered by impressive statistics of steadily increasing concert and museum attendance and record-buying. Second, it is often claimed that aesthetic preferences  are matters of personal taste about which there can be no rational disputes--de gustibus non est disputandem. That is, people tend to be rendered confident in their likings because of the fairly widespread belief that there are no objective standards in matters of taste . Third, because the arts are apprehended perceptually, it is thought that no special training should be necessary. One need only look, listen, feel, and read.
	Now, with regard to the first argument, the numerical increase in cultural activity is apparently correlated with the growth of the college educated segment of the population. This, in turn, can mean one of two things, neither of which would invalidate a plea for aesthetic education in the public schools. It may be said that for most students the years of college include some form of art education or appreciation which molds their aesthetic preferences. Or it may mean that college-educated persons are more likely to become members of an urban or suburban social class which prizes cultural experiences for their social rather than for their aesthetic values. The second and third sets of reservations concerning the need to have formal aesthetic education in the public schools cannot be set out here but have been dealt with elsewhere in the context of a discussion of aesthetic criticism.
	Up to this juncture, curricular justification of aesthetic education has rested upon what may be termed its facilitating or fostering aspects. The attempt has been to indicate that art may have important functions and that art cannot become fully efficacious in the lives of individuals and society without formal instruction. Another rather powerful class of arguments frequently advanced in behalf of some sort of arts program is based on the presumed inhibiting potential of such instruction. Aesthetic education is needed, it is said, to counteract the pernicious influence of certain works of popular art or the mass media. The question is how and to what extent the theoretical framework presented here Permits incorporation of this line of thought.

NEED ART EDUCATION IN SECONDARY SCHOOLS

NEED MORE ART EDUCATION IN SECONDARY SCHOOLS

MANUEL BARKAN, 1962, FOUNDATIONS FOR CURRICULUM DEVELOPMENT AND EVALUATION IN ART EDUCATION, ``THE VISUAL ARTS IN SECONDARY-SCHOOL EDUCATION,`` EDITED BY GEORGE W. HARDIMAN AND THEODORE ZERNICH, UNIVERSITY OF ILLINOIS, URBANA // GJL EE-2000 P. 102
	The secondary schools have failed to provide sufficiently widespread or sufficiently significant education in the visual arts. Strenuous efforts toward extension and improvement notwithstanding, the achievements, remain sporadic, isolated, or limited in scope. Even where encouraging progress has been made, and there are indeed a substantial number of schools where this is the case, a host of serious problems remains unresolved. In general, high schools are providing neither the quantity nor the quality of instruction in the visual arts that ought to be available. Only about 10 per cent of the senior high school students receive any such instruction. Many schools offer no instruction at all; most offer instruction on an elective basis; and that senior high school is truly rare which requires some study in the visual arts for all students, although such instruction ought to be part of everyone`s basic education.

VISUAL ARTS ESSENTIAL FOR SECONDARY EDUCATION

MANUEL BARKAN, 1962, FOUNDATIONS FOR CURRICULUM DEVELOPMENT AND EVALUATION IN ART EDUCATION, ``THE VISUAL ARTS IN SECONDARY-SCHOOL EDUCATION,`` EDITED BY GEORGE W. HARDIMAN AND THEODORE ZERNICH, UNIVERSITY OF ILLINOIS, URBANA // GJL EE-2000 P. 113
	Above all, there is the urgent necessity for all who are engaged in secondary  school education to reconsider the fundamental components of a basic education for all Young people. Given essential acquaintance with the age of science and technology-,- -with -the attendant social problems and Political ideologies, young people are in quest of their identity as human beings. The most fruitful course through which to achieve a deep sense of humanness is through the humanistic studies. The visual arts provide an essential dimension of basic education precisely because they are nonverbal, highly personal, and philosophic in nature.

ART NEEDS MORE FUNDING IN SECONDARY SCHOOLS

MANUEL BARKAN, 1962, FOUNDATIONS FOR CURRICULUM DEVELOPMENT AND EVALUATION IN ART EDUCATION, ``THE VISUAL ARTS IN SECONDARY-SCHOOL EDUCATION,`` EDITED BY GEORGE W. HARDIMAN AND THEODORE ZERNICH, UNIVERSITY OF ILLINOIS, URBANA // GJL EE-2000 p. -112
	Almost all the current teaching of the visual arts in secondary schools has been conceived and conducted in terms of the production of works of art. Study through critical analysis has been so neglected, unfortunately, that few schools show any interest or ability to undertake and develop it. The tradition in art education has been such that teacher  education institutions and state certification officials have concentrated their attention to insure teaching competency in the creation of artistic expressions. As a result, the involvement of Potential teachers in historical studies has been minimal. There is a severe dearth of art teachers who have sufficient background for developing instructional programs in the critical analysis of works of art . Nevertheless, there are rather encouraging efforts in some scattered secondary schools to open and develop this avenue of study, but they are severely hampered by the absence of tradition, the unavailability of competent personnel, and the lack of appropriate teaching materials.
	If secondary schools are to establish instructional programs for the critical analysis of works of art, experimentation and development must be put in motion through cooperative efforts of schools and universities. curriculum materials need to be developed; instructional materials in the form of readings, slides, and reproductions need to be prepared, selected, and organized for use; teaching procedures need to be designed and tested.

IMPACT: WE NEED ART EDUCATION TO SAVE OUR CIVILIZATION AND SOCIETY

EDUCATION THROUGH ART NECESSARY TO SAVE OUR CIVILIZATION

HERBERT READ, 1974, FOUNDATIONS FOR CURRICULUM DEVELOPMENT AND EVALUATION IN ART EDUCATION, ``THE NECESSITY OF ART`` // GJL EE-2000 p. 7
	I believe that there is only one way of saving our civilization and that is by so reforming its constituent societies that, in the sense of the phrases already defined, the concrete sensous phenomena of art are once more manifested spontaneously in our daily lives. I have called this reform ``education through art.``

ART AND SOCIETY ARE INSEPARABLE CONCEPTS

HERBERT READ, 1974, FOUNDATIONS FOR CURRICULUM DEVELOPMENT AND EVALUATION IN ART EDUCATION, ``THE NECESSITY OF ART`` // GJL EE-2000 p. 1
	Very few philosophers -- Plato is one of them--have seen that art and society are inseparable concepts--that society, as a viable organic entity, is somehow dependent on art as a binding, fusing, and energizing force. That has always been my own view of the relationship.

ART IS MORE IMPORTANT THAN SCIENCE

HERBERT READ, 1974, FOUNDATIONS FOR CURRICULUM DEVELOPMENT AND EVALUATION IN ART EDUCATION, ``THE NECESSITY OF ART`` // GJL EE-2000 p. 5
	The second feature, the decline of religious worship, is doubtless the inevitable consequence of a growth of scientific rationalism, and the i,, fact that scientific progress has not been accompanied by any equivalent progress in ethical standards is frequently regretted. By it is not so often observed that the same forces that have destroyed the mystery of holiness have destroyed the mystery of beauty. I am not suggesting that this process of rationalization is reversible: The mind never gives up its materialistic conquests, short of world catastrophe I am merely pointing to the obvious fact that the scope of scientific knowledge is still limited. The nature of the cosmos and the origins and purpose of human life remain as mysteries, and this means that science has by no means replaced the symbolic functions of art, which are still necessary ``to overcome the resistance of the brutish world.``

ART IS KEY TO SOCIAL CHANGE

RONALD W. NEPERUD, 1995, CONTEXT CONTENT AND COMMUNITY IN ART EDUCATION BEYOND POST MODERNISM, ``TRANSITIONS IN ART EDUCATION: A SEARCH FOR MEANING`` // GJL EE-2000 P. 8-9
	Garber (1990) also has examined the implications of feminist art criticism for art education: ``Drawing on critical methods such as poststructuralism, Marxism, and psychoanalysis, feminist critics `in the arts and humanities are at the forefront of practices that work to strategically undermine the status quo`` (p. 17). The bases underlying practices are ``social analysis, political activism, and self-knowledge`` (p. 19), which examine the effects of social systems and institutions on how women are viewed, the political nature of activism, and the validity of subjective experience as related to one`s selfworth. This subjectivity is echoed in Korzenik`s (1990) contention that the acceptance and use of women`s strengths ``will direct our attention, our curiosity, our caring, to different features of our history. Permitting our recognizable lives, our feelings, to enter our work is a decision of a higher order of magnitude`` (p. 54). Similarly, Garber (1990) concludes that feminist art criticism as fluid and ongoing, set against a consciousness of one`s relationship to the world, ``can become a student`s active response to and intervention into the world`` (p. 24).
	The language that one chooses in speech or in writing soon provides an indication of sexist bias or lack of equitable treatment of a topic. Obvious gender stereotypes, omissions, and distortions are revealed through one`s language. At times, seemingly sympathetic intentions are belied by contradictory sexist language of dominating masculine terms. An editor`s role in assuring gender-balanced representation in text materials suggests that one should ``incorporate nonbiased gender-sensitive terms; select ... art images that incorporate a substantial amount of artwork by women; design components that enhance the worth of every artist`` (Turner, 1990, p. 62). These are considerations that not only could, but should, be incorporated into every classroom practice. 

ART IS THE OIL OF SOCIAL CHANGE

JUNE KING MCFEE, PROFESSOR EMERITA OF ART EDUCATION AT THE UNIVERSITY OF OREGON, 1995, CONTEXT CONTENT AND COMMUNITY IN ART EDUCATION BEYOND POST MODERNISM, `` CHANGE AND THE CULTURAL DIMENSIONS OF ART EDUCATION`` EDITED BY RONALD W. NEPERUD // GJL EE-2000 P. 189
	The rapid increase in the numbers -of cultures represented in North American society is forcing reanalysis of curriculum. Each cultural group has a somewhat unique repertoire of aesthetic values and attitudes and degree of acceptance of dominant values. Thus, there are many more culturally based art attitudes and forms to be responded to. The question, ``Which culture`s arts should be taught to whom, and how?`` must be addressed. Rcpresentatives of all these cultures are now in our classrooms. Each child brings his or her own cultural art attitudes as they have been learned, as they have been adapted to the dominant culture and other subcultures, and as he or she has responded to the art forms in the culture of mass media. Not only children from minority cultures but all children arc affected by changes in their socioeconomic experience -changes in location, parental situation, access to and type of television programs, and visual environment, and changes in the dominant culture itself.

ART TEACHES CRITICAL THINKING

ART TEACHES CRITICAL THINKING SKILLS

EDMUND BURKE FELDMAN, 1996, ART PROFESSOR AT THE  UNIVERSITY OF GEORGIA. PHILOSOPHY OF ART EDUCATION  EDITED BY GEORGE W. HARDIMAN AND THEODORE ZERNICH,  UNIVERSITY OF ILLINOIS, URBANA EDITED BY GEORGE W.  HARDIMAN AND THEODORE ZERNICH, UNIVERSITY OF  ILLINOIS, URBANA // GJL EE-2000 p. 78-79
	Critical thinking falls under the psychological heading, ``higher mental processes.`` These processes entail the following operations and skills: analyzing situations, identifying problems, gathering information, coping with ambiguity, reasoning from evidence, interpreting information, tolerating uncertainty, forming hypotheses, creating meaning, devising explanations, expressing opinions, and defending judgments. In doing art criticismwhether of ``famous`` artworks or of student work-each of these operations comes into play. Because criticism is a major component of art instruction, it is not surprising to learn that we have been teaching ``critical thinking`` skills for a long time.
	It should be stressed that critical thinking skills cannot be taught in a vacuum. To engage in the mental operations, to acquire the cognitive skills, and to realize their psychological benefits, teachers and students must perform critical acts: they must do art criticism. The same is true of science: to learn scientific methods -we -must conduct real experiments in physics, chemistry, biology, and so on. In other words, we have to do science as well as read about its findings.

ART EDUCATION IS NEEDED FOR OVERALL EDUCATION

ART MAKING IS A VITAL PART OF EDUCATION

JUNE KING MCFEE, PROFESSOR EMERITA OF ART EDUCATION AT THE UNIVERSITY OF OREGON, 1995, CONTEXT CONTENT AND COMMUNITY IN ART EDUCATION BEYOND POST MODERNISM, `` CHANGE AND THE CULTURAL DIMENSIONS OF ART EDUCATION`` EDITED BY RONALD W. NEPERUD GJL EE-2000 P. 188
	Acceptance of Geertzs (1983) concept that art is a means of knowing, and Maquees (1986) concept that art is a construct of reality, hopefully will change attitudes toward art by educators. Forms of art and art making represent processes of knowing and constructing meaning, and thus are a vital part of education particularly in a visual age.
	We can relate this to the proposition of Neperud (1988), using cognitive psychology data, that it is the cultural aspects of experience that most affect how people see, and that their reservoir of remembered images, based on culturally motivated seeing, plays such a strong part in how people from different cultural groups respond to art and the environment. This is strongly supported by the reflection of Wolcott (1989), who today would first find out what students already know. We can ask what they know, how they see, and how they have learned to construct reality. Children in a given multicultural classroom may represent many different ways of knowing, have different realities, behave differently in relation to art, and vary widely in their concepts of what is pleasing or orderly. They could all be different from the teachers. Not only do teachers need to work as ethnographers in looking at art, as Chalmers (1987) suggests, but they need to be edinographers in their classrooms, seeking to gain some insights into the cultures represented there.

MANY BENEFITS OF ART BEING PART OF THE CORE CURRICULUM

ERNEST L. BOYER, 1974, FOUNDATIONS FOR CURRICULUM DEVELOPMENT AND EVALUATION IN ART EDUCATION,`` EDITED BY GEORGE W. HARDIMAN AND THEODORE ZERNICH, UNIVERSITY OF ILLINOIS, URBANA // GJL EE-2000  p. 41
	Joan Mondale, speaking not long ago on the arts and education, put it this way:
There are many benefits to the incorporation of the arts into the core curriculum of an educational system, the most vital of which is to promote the growth of the whole child. This concept has been well demonstrated in communities where a comprehensive partnership between the arts and education has been thoroughly tested. There`s no question that when the arts are combined with other subjects in a general curriculum , the arts improve perceptions, attitudes, understandings, and  the motivation of school children.

NEED ART EDUCATION FOR INTERCULTURAL UNDERSTANDING

ART EDUCATION IS CRUCIAL FOR INTER CULTURAL COMMUNICATIONS

JUNE KING MCFEE, PROFESSOR EMERITA OF ART EDUCATION AT THE UNIVERSITY OF OREGON, 1995, CONTEXT CONTENT AND COMMUNITY IN ART EDUCATION BEYOND POST MODERNISM, `` CHANGE AND THE CULTURAL DIMENSIONS OF ART EDUCATION`` EDITED BY RONALD W. NEPERUD // GJL EE-2000 P. 178
	Art is one of the major communication systems in most cultures. Each member of a culture learns to ``read`` or understand the culture through the art that expresses values, patterns of organization, social structures, and belief systems. Every culture has some form of art, even though the members may not have a concept or word for it. The world is rapidly moving to international visualization of images as a means of communication. Much of this is in art forms, from adornment of the human body to computerized graphics and animation of culture-laden images. Almost 40 years -ago, during a master`s degree oral, a committee member asked me to define art. A visiting scholar from the University of Utrecht threw up his hands and interjected loudly, ``It will take her her lifetime.`` I am beginning to realize how right he was.
	 Mainly I have relied on anthropological perspectives on the functions of art in cultures to try to achieve a more universal common denominator of the phenomenon art. This was necessary because interest in world arts has increased tremendously in the nineteenth and twentieth centuries, and is now so critical because of worldwide communication and migrations of people that require multicultural education in much of the world (McFee, 1988b).

ART EDUCATION HELPS STUDENTS GAIN BROAD MULTICULTURAL PERSPECTIVES

JUNE KING MCFEE, PROFESSOR EMERITA OF ART EDUCATION AT THE UNIVERSITY OF OREGON, 1995, CONTEXT CONTENT AND COMMUNITY IN ART EDUCATION BEYOND POST MODERNISM, `` CHANGE AND THE CULTURAL DIMENSIONS OF ART EDUCATION`` EDITED BY RONALD W. NEPERUD // GJL EE-2000 P. 190
	Art education can help students gain broader perspectives for reflecting on their own culture`s art) thus giving them more latitude for their own aesthetic responses  and creations. They can become more aware of their own and other cultures` impact on themselves as individuals and thus be able to change or modify that impact. A key point is that Western culture needs to be understood in its great subcultural variety, and that it is only one among world cultures, all with complex variations.

ART IS CENTRAL TO SOCIO-CULTURAL DEVELOPMENT AND UNDERSTANDING OF MANY CULTURES

JUNE KING MCFEE, PROFESSOR EMERITA OF ART EDUCATION AT THE UNIVERSITY OF OREGON, 1995, CONTEXT CONTENT AND COMMUNITY IN ART EDUCATION BEYOND POST MODERNISM, `` CHANGE AND THE CULTURAL DIMENSIONS OF ART EDUCATION`` EDITED BY RONALD W. NEPERUD // GJL EE-2000 P. 190
	Finally, much research in classrooms is needed to identify strategies teachers can use to find out how students see, think, value, and structure reality, as a basis for understanding more about their modes of responding to and creating art. All these implications point to the need for education of more multicultural people to function in a multicultural society. Cross-cultural study of art can be a rich avenue for helping students enlarge their cultural perspectives, be more aware of their primary culture in relation to others, and see art as central to the sociocultural as well as aesthetic life of people.

ART SHAPES PERCEPTION OF CULTURE

JUNE KING MCFEE, PROFESSOR EMERITA OF ART EDUCATION AT THE UNIVERSITY OF OREGON, 1995, CONTEXT CONTENT AND COMMUNITY IN ART EDUCATION BEYOND POST MODERNISM, `` CHANGE AND THE CULTURAL DIMENSIONS OF ART EDUCATION`` EDITED BY RONALD W. NEPERUD // GJL EE-2000 P. 185
	Neperud (1988) emphasizes experiencing  in   his study of aesthetics in the light of perceptual and cognitive psychology. He reviews research that indicates that stored information, the structures of verbal and visual constructs that an individual has learned, affects what an individual responds to. He concludes that while studies show little difference between people of diverse cultures in some perceptual and cognitive processes, cultural groups vary widely because of differences in what they have seen and heard and the environments in which they have learned to see. This, he suggests, is a large factor in aesthetic responses.

ART IS A CRUCIAL COMMUNICATION SYSTEM OF CULTURE

JUNE KING MCFEE, PROFESSOR EMERITA OF ART EDUCATION AT THE UNIVERSITY OF OREGON, 1995, CONTEXT CONTENT AND COMMUNITY IN ART EDUCATION BEYOND POST MODERNISM, `` CHANGE AND THE CULTURAL DIMENSIONS OF ART EDUCATION`` EDITED BY RONALD W. NEPERUD // GJL EE-2000 P.187
	Culture,       as analyzed in this chapter, includes a group`s values, belief systems; social structures, values; attitudes; knowing, motivating    concepts of reality; cognitive styles; ways of categorizing, and making order; creating symbols, environments; technologies; and art. All of these are in the process of change and adaptation to other cultures, and are influenced by technological, political economic, social and environmental, and demographic change. Art is a major communication system for enhancing, creating the essence of, maintaining, or changing culture.

 ART EDUCATION NEEDED FOR STUDENT PERSONAL GROWTH AND DEVELOPMENT

ART EXPERIENCES ENHANCE HUMAN GROWTH AND DEVELOPMENT

GEORGE W. HARDIMAN AND THEODORE ZERNICH, FOUNDATIONS FOR CURRICULUM DEVELOPMENT AND EVALUATION IN ART EDUCATION, ``CURRICULUM CONSIDERATIONS,`` EDITED BY GEORGE W. HARDIMAN AND THEODORE ZERNICH, UNIVERSITY OF ILLINOIS, URBANA // GJL EE-2000 p. 194
There is no question that art experiences can and do enhance other aspects of human growth and development beyond those attributable to the intrinsic rationale.  Thus, while extrinsic rationales do not provide the most convincing justifications for defending the role of art in the school curriculum, they do offer arguments for several important, but admittedly difficult to evaluate, extra dividends which can extend and enrich the school experience.

ART EDUCATION IS IMPORTANT FOR UNDERSTANDING WHAT FEELING IS LIKE

ROCKEFELLER, 1976, FOUNDATIONS FOR CURRICULUM DEVELOPMENT AND EVALUATION IN ART EDUCATION, ``THE ARTS: A BETTER PRIMER FOR OUR CHILDREN,`` EDITED BY GEORGE W. HARDIMAN AND THEODORE ZERNICH, UNIVERSITY OF ILLINOIS, URBANA // GJL EE-2000 p. 86
	Imagination presumably operates in all individuals, but it is the artist who is capable of projecting these images of feeling into visible or audible form. Consequently, ``the work of art is not a `copy` of a physical object at all, but the plastic `realization, of a mental image. Therefore the laws of imagination, which describe the forming and elaboration of imagery, are reflected in the laws of plastic expression whereby the art symbol takes its perceptible form. 12 The work of art, according to Langer, is an objectification of feeling. She also refers to it as a ``symbol,`` and as such it is capable of symbolizing, representing, or standing for a particular feeling. Now the work of art is able to function as a symbol in this sense because it shares its logical form with the mental image of feeling. And this morphological identity between the feeling and its artistic representation, in turn, is possible because the artist, in deploying the perceptual materials with which he works, is constrained to follow the laws of representation according to which the primitive, spontaneous mental image had been fashioned. It can thus be said that the work of art ``presents a form which is subtly but entirely congruent with forms of mentality and vital experience, which we recognize intuitively as something very much like feeling; and this abstract likeness to feeling teaches one . . . what feeling is like.``

CRITICAL ART EDUCATION IS EMPOWERING

RONALD W. NEPERUD, 1995, CONTEXT CONTENT AND COMMUNITY IN ART EDUCATION BEYOND POST MODERNISM, ``TRANSITIONS IN ART EDUCATION: A SEARCH FOR MEANING`` // GJL EE-2000 P. 14
	The developing sense of interconnectedness, social responsibility, and ecological attunement point to new relationships that can work toward the empowerment and interaction of students, teachers, and community in attaining greater equity in representation and voice (May, 1989). There is a sense of optimism in Michael Apple`s Teachers and Texts (1986); he cautions that the academic ideological world not be separated from the life about which it professes a concern.
	Those who engage in critical scholarship in education should have constant and close ties to the real world of teachers, students, and parents, and ... they need to be closely connected to feminist groups, people of color, unions, and to those teachers and curriculum workers who are now struggling so hard in very difficult circumstances to defend from rightist attacks the gains that have been made in democratizing education and to make certain that our schools and the curricular and teaching practices within them are responsive in race, gender, and class terms. (p. 204)
	I sense a growing optimism that an art education reawakening to the interconnectedness of art and life will result in changes that matter.

MANUEL BARKAN, 1962, FOUNDATIONS FOR CURRICULUM DEVELOPMENT AND EVALUATION IN ART EDUCATION, ``THE VISUAL ARTS IN SECONDARY-SCHOOL EDUCATION, EDITED BY GEORGE W. HARDIMAN AND THEODORE ZERNICH, UNIVERSITY OF ILLINOIS, URBANA GJL EE-2000 P. 102
	The purpose of a basic education is to achieve some grasp of the full scope of human experience. What often passes as a basic education does, in fact, leave voids in the life experiences of those who are being educated. Human experience is multidimensional; it encompasses concerns that are humanistic in nature along with concerns that are physical, biological, and social. As one of the humanities, the visual arts illuminate significant and unique aspects of human experience; for this very reason they provide an essential dimension of basic education.

LACK OF ART EDUCATION CAN TRIGGER VIOLENCE

LACK OF ART EDUCATION LEADS TO VIOLENCE

HERBERT READ, 1974, FOUNDATIONS FOR CURRICULUM DEVELOPMENT AND EVALUATION IN ART EDUCATION, ``THE NECESSITY OF ART`` // GJL EE-2000 p. 4
	We must examine our way of life--our social structure, our methods production and distribution, the accumulation of capital, and the incidence of taxation--to decide whether it is not in these factors that we should look for an explanation of our esthetic impotence. To do this in detail would be a task for a book, not a brief essay, but I have written much on the subject in the past and would now only point briefly to three characteristics of our civilization that are patently inimical to the arts.
	The first is the general phenomenon of alienation, which has been much written about since Hegel invented the term and Marx gave it political significance. The term is used to denote both a social and, psychological problem, but these are only two aspects of the same problem, the essence of which is the progressive divorce of human faculties from natural processes. Apart from the many social aspects of the problem (beginning with the division of labor and leading to the elimination of labor, or automation, and other consequences of the Industrial Revolution such as conurbation and congestion, disease and delinquency), there is a general effect, noticed by social philosophers such as Ruskin and Thoreau, but not greatly the concern of ``scientific`` sociologists, which might be described as the atrophy of sensitivity. If seeing and handling, touching and hearing, and all the refinements of sensation that developed historically in the conquest of nature and the manipulation of material substances are not educed and trained from birth to maturity, the result is a being that hardly deserves to be called human: a dull-eyed, bored, and listless automation whose one desire is for violence in some form or other--violent action, violent sounds, distractions of any kind that can penetrate to its deadened nerves.

CONFLICT RESOLUTION POSSIBLE THROUGH AESTHETIC ANALYSIS

A. W. FOSHAY, 1974, FOUNDATIONS FOR CURRICULUM DEVELOPMENT AND EVALUATION IN ART EDUCATION, ``THE ARTS IN GENERAL EDUCATION,`` EDITED BY GEORGE W. HARDIMAN AND THEODORE ZERNICH, UNIVERSITY OF ILLINOIS, URBANA // GJL EE-2000  p.26
	Second, the aesthetic analysis requires that the conflict be faced technically. It is here that the usual treatment of this topic and the aesthetic treatment match, for to treat it technically is to deal with the content, or the issues, that can be discerned. Here, students would be called upon to do the typical academic job of reading and thinking about what was involved in the conflict--not only that it is manifestly a conflict (that is, ``formal``) but that it involves some sub stance.
	The third element in the aesthetic analysis of conflict resolution is the sensuous. Here, we recognize that the conflict involves feeling. People sweat, and become exhausted. They summon up the last ounces of their energy in the conflict, or they don`t. To acknowledge the sensuous aspect of conflict resolution is to acknowledge that it involves people in ways that go beyond the issues; to study how they go about perceiving it.

EXPRESSION IS A BETTER WAY TO SOLVE CONFLICT THAN INTELLECT

A. W. FOSHAY, 1974, FOUNDATIONS FOR CURRICULUM DEVELOPMENT AND EVALUATION IN ART EDUCATION, ``THE ARTS IN GENERAL EDUCATION,`` EDITED BY GEORGE W. HARDIMAN AND THEODORE ZERNICH, UNIVERSITY OF ILLINOIS, URBANA // GJL EE-2000  p.26
	The last, the expressive, leads us to consider what conflicts mean, and how they can indeed be resolved. It is necessary to recognize that they are ordinarily not resolved intellectually. A victory in war or a non-victory, or a defeat, is not an intellectual exercise. Many domestic conflicts are resolved, not through formal intellectual analysis, but by a kiss, or the decision that the conflict should simply be stopped, or by exhaustion, or by withdrawal from one another. These ways of resolving conflicts are not ordinarily dealt with under the rubric, ``conflict resolution.,, In general, conflicts may be resolved intellectually, socially, or emotionally. To solve them socially is to appeal to mores and rules, or to conscience. But such appeals are not appeals to the intellect.

 THE VALUE OF AESTHETIC EXPERIENCE DOES NOT NEED JUSTIFICATION

H. S. BROUDY, 1974, FOUNDATIONS FOR CURRICULUM DEVELOPMENT AND EVALUATION IN ART EDUCATION, ``THE NECESSITY OF ART,`` EDITED BY GEORGE W. HARDIMAN AND THEODORE ZERNICH, UNIVERSITY OF ILLINOIS, URBANA GJL EE-2000 p. 13
	The value of aesthetic experience to the individual is easily overstated.  For one thing;` it is not a reliable source of knowledge about the ways things, persons, or institutions behave although many of our judgments are based on aesthetic cues. Art is not a good substitute for science. For another, it is not a very reliable guide to coping with the tasks of ordinary life. Perhaps, the most important benefit to the individual is that it engages a capacity of the mind in an interesting stimulating, and often liberating way. One needs no further excuses for having this kind of experience, just as one does not need to justify the exhilaration that comes from feeling well.

PROPS UP CAPITALISM DISADVANTAGE

page	Argument

273		Shell
274		Link: reform only serves the needs of 				capitalism
275		Link: effective schools allow capitalism to 			reproduce itself
276		Link: school is a tool of capitalist control
277		Link: education creates capitalist 					consumerism
278		School creates and reinforces capitalist 				inequality
279		Impact: capitalism is bad
280		Impact: capitalism causes racism and 				sexism
281		We should welcome the chance to weaken 			capitalism

 SHELL: AFFIRMATIVE PROPS UP CAPITALISM

A. AFFIRMATIVE REFORMS EDUCATION AND TRIES TO MAKE IT MORE EFFECTIVE

B. EDUCATION ONLY PROPS UP DOMINANT CAPITALIST SOCIETY

Samuel Bowles and Herbert Gintis, 1980 Schooling in Capitalist America//ee 2000 Sj pg.125
	Reference to the educational system`s legitimation function does not take us far toward enlightenment. For the formal, objective, and cognitively oriented aspects of schooling capture only a fragment of the day-to-day social relationships of the educational encounter. To approach an answer, we must consider schools in the light of the social relationships of economic life. In this chapter, we suggest that major aspects of educational organization replicate the relationships of dominance and subordinancy in the economic sphere. The correspondence between the social relation of schooling and work accounts for the ability of the educational system to produce an amenable and fragmented labor force. The experience of schooling, and not merely the content of formal learning, is central to this process.

C. CAPITALISM EXHAUSTS THE CONDITIONS OF SURVIVAL

Wallerstein, Immanuel, Professor of Social Sciences at Binghamton University, 1998, utopistics Or, Historical choices of the 21st Cenjury//ee2000 GL
	There is a third curve that is reaching an asymptote. It is the curve of exhaustion of the conditions of survival. The demand for attention to the ecological damage to the biosphere has become very strong in recent decades. This is not because the modern world-system has become inherently more destructive of the ecosystem in its ways, but because there is much more ``development`` and hence much more destruction, and because this destruction has for the first time been reaching two asymptotes: the point of serious-in some cases irreparable -damage; and the point of absolute depletion, not of economic but of social goods. We should elaborate on the latter asymptote. If all the trees in the world were cut down, it might be possible to invent artificial substitutes for the uses of wood products as inputs to other production, but their value as an esthetic element in our environment, that is, as a social good, would still disappear.

EDUCATIONAL REFORM MERELY SERVES THE NEEDS OF THE DOMINANT CLASS

REFORMS AND DAY TO DAY OPERATION OF SCHOOLS SERVES THE INTERESTS OF THE MIDDLE CLASS

Samuel Bowles and Herbert Gintis, 1980 Schooling in Capitalist America//ee 2000 Sj pg.132-133
	The differential socialization patterns of schools attended by students of different social classes do not arise by accident. Rather, they reflect the fact that the educational objectives and expectations of administrators, teachers, and parents (as well as the responsiveness of students to various patterns of teaching and control) differ for students of different social classes. At crucial turning points in the history of U.S. education, changes in the social relations of schooling have been dictated in the interests of a more harmonious reproduction of the class structure. But in the day-to-day operation of the schools, the consciousness of different occupational strata, derived from their cultural milieu and work experience, is crucial to the maintenance of the correspondences we have described. That working-class parents seem to favor stricter educational methods is a reflection of their own work experiences, which have demonstrated that submission to authority is an essential ingredient in one`s ability to get and hold a steady, well-paying job. That professional and self-employed parents prefer a more open atmosphere and a greater emphasis on motivational control is similarly a reflection of their position in the social division of labor. When given the opportunity, higher-status parents are far more likely than their lowerstatus neighbors to choose ``open classrooms`` for their children.

EDUCATION FAILS BECAUSE IT SEEKS TO REMEDY CLASS DIFFERENCES

Samuel Bowles and Herbert Gintis, 1980 Schooling in Capitalist America // ee 2000 Sj pg.147-148
	The  tendency of the social relationships of economic life to be replicated in the educational system and in family life lies at the heart of the failure of the liberal educational creed. This fact must form the basis of a viable program for social change. Patterns of inequality, repression, and forms of class domination cannot be restricted to a single sphere of life, but reappear in substantially altered, yet structurally comparable, form in all spheres. Power and privilege in economic life surface not only in the core social institutions which pattern the formation of consciousness (e.g.  school and family), but even in face-to-face personal encounters, leisure activities, cultural life, sexual relationships, and philosophies of the world. In particular, the liberal goal of employing the educational system as a corrective device for overcoming the ``inadequacies`` of the economic system is vain indeed. We will argue in our concluding chapter that the transformation of the educational system and the pattern of class relationships, power, and privilege in the economic sphere must go hand in hand as part of an integrated program for action.

EFFECTIVE EDUCATIONAL REFORM NECESSITATES A NEW SOCIAL STRUCTURE

Samuel Bowles and Herbert Gintis, 1980 Schooling in Capitalist America//ee 2000 Sj pg.69
	 In capitalist society (due to the operation of the forces outlined in previous sections) work is largely devoid of these qualities for most people. The character of work is not an inevitable consequence of modern technology. This-it is often believed-inherently requires hierarchy, bureaucracy, topdown control, task fragmentation, and wide skill differentials. Rather, the social relationships of work are products of the dominant class and power relationships in the U.S. society. If meaningful educational reform requires a transformation of production relations, as we believe, we must begin by creating a new social structure, not a new technology.

SCIENCE EDUCATION IS FOR ECONOMIC PROGRESS

Paul DeHart Hurd, 1997, Teacher and researcher of the history of the science curriculum reform movements in the United States and foreign countries; and he is the author of nine books and monographs about science education and has had 200 articles published. INVENTING SCIENCE EDUCATION FOR THE NEW MILLENNIUM, EE2000-GJL p. 31
	A goal of science education that is grossly neglected in most science reform proposals is that of economic progress. The relationship of economies to science education reform is highlighted in national policies. The focus is on building human capital and advancing school-to-work intellectual skills and an understanding of the relationship of science/technology to the productive capacity of the nation in a global economy. This relationship between education and the economy and the productive power of workers was first recognized by Adam Smith in his 1776 treatise Wealth of Nations (Hanushek, 1994, p. v). The economic relationship to science education was first described by the Progressive Education Association in 1937 (Thayer, 1938, pp. 235-305).

THE EDUCATION SYSTEM PROPS UP CAPITALISM AND ALLOWS IT TO REPRODUCE ITSELF

EDUCATION IS KEY TO CAPITALIST PROGRESS

Samuel Bowles and Herbert Gintis, 1980 Schooling in Capitalist America//ee 2000 Sj pg.24
	Thus, under the new capitalist order, an educational system which provide`` to all children the opportunity to develop one`s talents can insure progress toward a more open class system and a greater equality of economic opportunity. Horace Mann was unambiguous in asserting that:
Nothing but universal education can counter work this tendency to the domination of capital and the servility of labor. If one class possesses all of the wealth and the education, while the residue of society is ignorant and poor . . . the latter in fact and in truth, will be the servile dependents and subjects of the former.

EDUCATION IS GUIDED BY THE TOTALITARIAN ECONOMY

Samuel Bowles and Herbert Gintis, 1980 Schooling in Capitalist America//ee 2000 Sj pgs.53-54
	The economy produces people. The production of commodities may be considered of quite minor importance except as a necessary input into people production. Our critique of the capitalist economy is simple enough: the people production process-in the workplace and in schools-is their relationships of potential harmony and conflict with other strata. Class conflict may occur within a sector-for example, between worker, and owners in the entrepreneurial sector-or between sectorssuch a, between corporate capitalists in agri-business and small farmers. The common daily experiences in production and common struggles against opposed classes, or in cooperation with allied classes, give rise to a common-not identical-set of values and perceptions, or a common consciousness, within a class. We will have much more to say about this in later chapters.

EDUCATION IS A MEANS OF MAINTAINING THE STATUS QUO

Robert M. Hutchins, former Chancellor of the University of Chicago, 1971; DESCHOOLING, ``Toward a Learning Society,`` edited by Ian Lister, EE2000-hxm p. 59
	This brings us to the Institutional illusion. Institutions calling themselves educational are the only culturally accredited instruments of education. Their forms are the only ones that count. In the advanced countries they are largely custodial: they take up the time of the young until we are ready to have them go to work.  Everywhere in the world the length of time one spends educational institutions and the success one has in them are determined by one`s socioeconomic status and family background. This means that the power and prosperity presumably promoted by an educational system are conferred upon those who already have the most. The educational system, in short, is a means of maintaining the status quo.

SCHOOL SYSTEM REPRODUCES SOCIETY

Loretta J. Brunious, 1998, ``HOW BLACK ADOLESCENTS SOCIALLY CONSTRUCT REALITY`` EE-2000 //GJL p. 26
	In a study of critical pedagogy in cultural, political and ethical terms, Peter McLaren, a former classroom teacher (1989) also examines why disadvantaged children are not successful in school and reasons that false consciousness, hegemony and a hidden curriculum are perpetuated in the school system. He contends that thoughts, ideas and theories within the schools are codified, ideologically loaded and intertextually related to the larger social order. That is, ideas are never autonomous or free floating. Rather, they are tied to specified interests related to the existing power structure. McLaren believes that ``absolutely nothing is of unmediated availability to human consciousness-to know anything is always an effect of power/knowledge relationships`` (p. ix); therefore, society reproduces itself.

EDUCATION PERPETUATES AND LEGITIMIZES CLASS STRUCTURE AND, POWER, AND PRODUCTION

Loretta J. Brunious, 1998, ``HOW BLACK ADOLESCENTS SOCIALLY CONSTRUCT REALITY`` EE-2000 //GJL p. 25
	According to Social reproduction advocates, Pierre Bourdieu and Jean-Claude Passeron (1977) education and its social reproduction role maintain that schools promote false consciousness and hidden curriculums, arguing that education perpetuates and legitimizes the class structure, power and production. According to Bourdieu and Passeron this social structure defines educational reproduction as an: extremely sophisticated mechanism by which the school system contributes to reproducing the structure of the distribution of cultural capital and, through it, the social structure (and this, only to the extent to which this relational structure itself, as a system of positional differences and distances, depends upon this distribution) to the ahistorical view that society reproduces itself mechanically, identical to itself, without transformation or deformation, and by excluding all individual mobility (p. vii).

SCHOOL IS A TOOL OF CAPITALIST CONTROL

EDUCATION IS AN INSTRUMENT OF SOCIAL CONTROL

Paulo Freire, Programme Unit Education and Communication of the World Council of Churches in Geneva and Professor, 1974; DESCHOOLING, ``Education: Domestication or Liberation?,`` edited by [an Lister, EE2000-hxm p. 19
	It is without question that the concretizing of these aims requires at one and the same time the `domesticating` character of this education and the explanation of it. As the social order is `sacralized,` systematic education must necessarily become a powerful instrument of social control.

EDUCATION IS A TOOL OF POWER AND IS NOT OBJECTIVE

Parker Michael C. September 1998, THE JOURNAL OF GENERAL EDUCATION, General Education in Fin De Siecle America: Toward A Postmodern Approach Part 2//ee2OOO rls pg87
	In general education the learner is often constituted in a modernist view as a subject who is to acquire attitudes, skills, and competencies of the disciplines. This, in turn, presupposes the justification of the institution of higher education and its disciplines. Again, as Foucault pointed out, the legitimation of truth claims is brought about by the power invested in institutions. For example, a student of psychology might find herself in a psychodynamic discourse if schooled in one generation and discredited in a behaviorist generation that follows. Conditioning theorists themselves might be discredited by social psychology or cognitive scientists shortly thereafter. And these changes are based upon other than experimental or clinical findings; what discourses are included or derided is not objective but historical and political. More generally, the desire to legitimate disciplines and pedagogies ``objectively`` is misguided. Education and its institutions are central features of the modern project; they are also a vehicle of power, even if their goal is emancipation. Emancipate whom, for what, and at what cost? Surely the result will not be even for all.

SCHOOLS ARE A REIFICATION OF NEO-COLONIALISM

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 7
	Just as neo-colonialism uses methods of economic control which are more sophisticated than the old forms of imperialism which involved physically occupying colonies, so advanced countries no longer export schools or whole school-systems; instead they practise a form of neo-colonialism through the export of teaching materials and curriculum advisers. In fact, it is the people who, before the new rhetoric, used to be called the poor who have usually been the main victim  . 

EDUCATION CREATES CAPITALIST CONSUMERISM

STATE USES SCHOOLS TO PROCESS PROFIT MONGERS INSTEAD OF HUMAN NEED

Loretta J. Brunious, 1998, ``HOW BLACK ADOLESCENTS SOCIALLY CONSTRUCT REALITY`` EE-2000 //GJL p. 26
	(Schools are) not the democratic institution they claim to be, rather, their clandestine role in capitalist America is to reproduce the social order which includes a hierarchal working genre. In their view books written on education are also about politics and schools reflect the limits and promise of society. They charge that ``the people production process in the workplace and in schools is dominated by the imperatives of profit and domination rather than by human need`` (p. 53). Problems in schools are rooted in capitalist society and each generation of youth repeats the cycle. According to Bowles and Gintis, the persistence of poverty and inequality is not coincidental but a calculated effort by the dominant order to perpetuate the social strata.`

SCHOOL TEACHES CHILDREN HOW TO BE CONSUMERS

Ivan Illich professor at Claremont University, 1974; DESCHOOLING, ``Schooling: the Ritual of Progress,`` edited by Ian Lister, EE2000hxm p. 66
	Even when accompanied by declining returns in learning, paradoxically, rising per capita instructional grants increase the value of the pupil in his or her own eyes and on the market. At almost any cost, School pushes the pupil up to the level of competitive curricular consumption, into progress to ever higher levels. Expenditures to motivate the student to stay on in school skyrocket as he climbs the pyramid. On higher levels they are disguised as new football stadiums, chapels, or programmes called International Education. If it teaches nothing else, school teaches the value of escalation: the value of the American way of doing things.

SCHOOLS ARE JUST ANOTHER PART OF THE ADVERTISING INDUSTRY

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 7
	Technical problems of production are fairly easy to overcome but, in order to stimulate and maintain consumption, the advertising industry becomes the key industry - often persuading people to buy things they don`t need with money they haven`t got. The school, as a place where society conserves and reproduces itself, is a part of the advertising industry. Education is the mass- service- industry of modern society. It creates the need for its own products, and it validates its own activities. At a time when the economy is becoming more capitaland less labour- intensive, education is becoming more labour-intensive, and that from an already labourintensive base. It is able to absorb redundant workers from other industries - as it did with Rolls Royce engineers and ICI chemists - into its work force. Non-polluting (at least physically, for the education industry deals mainly in the redistribution Of things that already exist) this Points to a future where we   will all sell services to each other.

SCHOOLS ARE A MANIFESTATION OF CONSUMERISM

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 7
	Assessment of  projects was done by project members,  who were part of the project hierarchy and dependent on the goodwill of the director for their further career prospects: like the research of retail industry generally it was aimed to improve delivery systems. Rather than question the structures and definitions in which they operate, they have consistently chosen to expand their activities until, like industry in latecapitalism generally, they have finally achieved inbuilt obsolescence, making their products ephemeral but themselves eternal. Like much of consumer industry in general, the education industry fails to serve its clients; rather it consumes the consumers.

THE EDUCATIONAL SYSTEM SERVES TO INITIATE CHILDREN INTO THE ECONOMIC STRUCTURE

Samuel Bowles and Herbert Gintis, 1980 Schooling in Capitalist America // ee 2000 Sj pg.129
But the reproduction of consciousness cannot be insured by these direct mechanisms alone. The initiation of youth into the economic system is further facilitated by a series of institutions, including the family and the educational system, that are more immediately related to the formation of personality and consciousness. Education works primarily through the institutional relations to which students are subjected. Thus schooling fosters and rewards the development of certain capacities and the expression of certain needs, while thwarting and penalizing others. Through these institutional relationships, the educational system tailors the self-concepts, aspirations, and social class identifications of individuals to the requirements of the social division of labor.

SCHOOL TEACHES PEOPLE HOW TO BE CAPITALISTS AND CONSUMERS

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 4
	The great achievements of nineteenth-century schools included schooling European peasants to accept American urban society, and getting the masses used to the dull, repetitive work that they had to suffer for the rest of their born days. The school taught the supreme virtue of attendance - this alone won medals. (Today, in contrast, truancy from schools is paralleled by absenteeism from the factories. ) It taught the virtue of punctuality, and of time dictated by the clock and not by the seasons. It taught people to know their place, and to sit still in it. (Today, in several countries, there are schools that label children `hyper-active` if they want to walk around the classroom, and some even treat them with tranquillising drugs.

SCHOOL CREATES AND REINFORCES CAPITALIST SOCIAL INEQUALITY

EDUCATION LEGITIMIZES ECONOMIC INEQUALITY; 4 WAYS

Samuel Bowles and Herbert Gintis, 1980 Schooling in Capitalist America // ee 2000 Sj pg.129-130
	In earlier chapters we have identified the two main objectives of dominant classes in educational policy: the production of labor power and the reproduction of those institutions and social relationships which facilitate the translation of labor power into profits. We may now be considerably more concrete about the way that educational institutions are structured to meet these, objectives. First, schooling produces many of the technical and cognitive skills required for adequate job performance. -Second, the educational system helps legitimate economic inequality. As we argued in the last chapter, the objective and meritocratic orientation of U.S. education, reduces discontent over both the hierarchical division of labor and the process through which individuals attain position in it. Third, the school produces, rewards, and labels personal characteristics relevant to the staffing of positions in the hierarchy. Fourth, the educational system, through the pattern of status distinctions it fosters, reinforces the stratified consciousness on which the fragmentation of subordinate economic classes is based.

EDUCATION IS A TOOL OF DOMINANT ELITES TO MAINTAIN HIERARCHY

Samuel Bowles and Herbert Gintis, 1980 Schooling in Capitalist America // ee 2000 Sj pg.147
	The economic system is stable only if the consciousness of the strata and classes which compose it remains compatible with the social relations which characterize it as a mode of production. The perpetuation of the class structure requires that the hierarchical division of labor be reproduced in the consciousness of its participants. The educational system is one of the several reproduction mechanisms through which dominant elites seek to achieve this objective. By providing skills, legitimating inequalities in economic positions, and facilitating certain types of social intercourse among individuals, U.S. education patterns personal development around the requirements of alienated work. The educational system reproduces the capitalist social division of labor, in part, through a correspondence between its own internal social relationships and those of the workplace.

SCHOOL REINFORCES CAPITALIST HIERARCHY

Samuel Bowles and Herbert Gintis, 1980 Schooling in Capitalist America // ee 2000 Sj pg.132
	 As we have seen, the lowest levels in the hierarchy of the enterprise emphasize rule-following, middle levels, dependability, and the capacity to operate without direct and continuous supervision while the higher levels stress the internalization of the norms of the enterprise. Similarly, in education, lower levels (junior and senior high school) tend to severely limit and channel the activities of students. Somewhat higher up the educational ladder, teacher and community colleges allow for more independent activity and less overall supervision. At the top, the elite four-year colleges emphasize social relationships conformable with the higher levels in the production hierarchy. Thus schools continually maintain their hold on students. As they ``master`` one type of behavioral regulation, they are either allowed to progress to the next or are channeled into the corresponding level in the hierarchy of production. Even within a single school, the social relationships of different tracks tend to conform to different behavioral norms. Thus in high school, vocational and general tracks emphasize rule-following and close supervision, while the college track tends toward a more open atmosphere emphasizing the internalization of norms.

EDUCATION SERVES THE NEEDS OF ELITE CAPITALISTS

Samuel Bowles and Herbert Gintis, 1980 Schooling in Capitalist America // ee 2000 Sj pg.130-131
	To reproduce the social relations of production, the educational system must try to teach people to be properly subordinate and render them sufficiently fragmented in consciousness to preclude their getting together to shape their own material existence. The forms of consciousness and behavior fostered by the educational system must themselves be alienated, in the sense that they conform neither to the dictates of technology in the struggle with nature, nor to the inherent developmental capacities of individuals, but rather to the needs of the capitalist class.

SCHOOL REPLICATES SOCIAL HIERARCHY

Samuel Bowles and Herbert Gintis, 1980 Schooling in Capitalist America // ee 2000 Sj pg.131
	Specifically, the social relationships of education-the relationships between administrators and teachers, teachers and students, students and students, and students and their work-replicate the hierarchical division of labor. Hierarchical relations are reflected in the vertical authority lines from administrators to teachers to students. Alienated labor is reflected in the student`s lack of control over his or her education, the alienation of the student from the curriculum content, and the motivation of school work through a system of grades and other external rewards rather than the student`s integration with either the process (learning) or the outcome (knowledge) of the educational ``production process.`` Fragmentation in work is reflected in the institutionalized and often destructive competition among students through continual and ostensibly meritocratic ranking and evaluation. By attuning young people to a set of social relationships similar to those of the work place, schooling attempts to gear the development of personal needs to its requirements.

CAPITALISM BAD IMPACTS -- GENERAL

THE WORLD IS POLARIZED ECONOMICALLY, SOCIALLY, AND DEMOGRAPHICALLY, WITHOUT CAPITALISM THE POLARIZATIONS WILL DEFUSE

Wallerstein, Immanuel, Professor of Social Sciences at Binghamton University, 1998, utopistics Or, Historical choices of the 21st Century // ee2000 GL
	Finally, the greatest challenge is no doubt to be found in the least violent and least containable act, that of individual immigration from the poorer states to the richer ones. It has been going on for five hundred years, and with the improvement of transport it has been going on at an ever more rapid pace in the last fifty years. The Structural reality is that the world is polarized not only economically and socially but demographically as well. The core zones absolutely need some immigration, but they do not want to admit as many as want to come, especially during Kondratieff downturns. So they put up barriers, nastier ones as time goes by. But the barriers are largely ineffective. They reduce the flow by a small percentage, but probably not by very much.

CAPITALISM WILL FAIL BECAUSE IT ATTEMPTS TO OPERATE ON THE CONTRADICTION OF FREE WILL AND COLLECTIVE ACTION SIMULTANEOUSLY

Wallerstein, Immanuel, Professor of Social Sciences at Binghamton University, 1998, utopistics Or, Historical choices of the 21 st Century //ee2000 GL
	Any product costs x to produce and is sold at y. Y - x is the profit. It follows that the higher the y and the lower the x, the greater the profit. To what degree can any capitalist firm control either x or y? The answer is, to some degree, but not totally. This partial control creates the basic dilemmas of capitalists, operating both individually and collectively. Another way of saying this is to assert that the ``hand`` that determines supply and demand, cost and price, is neither invisible nor fully visible, but is located in a shadowy world in-between, what Fernand Braudel calls the ``opaque zones`` of capitalism

CAPITALISM IS CONTRADICTORY AND MUST BE REJECTED AS A VIABLE ARGUMENT

Wallerstein, Immanuel, Professor of Social Sciences at Binghamton University, 1998, utopistics Or, Historical choices of the 21st Century // ee2000 GL
	In short, everyone has wanted the states to spend more, not merely workers but capitalists as well, and if states are to spend more, they must tax more. This results in an obvious contradiction: as consumers of state expenditures, taxpayers demand more; as furnishers of state income, taxpayers naturally want to pay less, and this feeling escalates as the tax percentage of their income rises. The pressures on the states to spend more but simultaneously tax less is what we mean by the ``fiscal crisis of the states. 

CAPITALISM FOSTERS EMOTIONALLY COERCIVE GREED

Wallerstein, Immanuel, Professor of Social Sciences at Binghamton University, 1998, utopistics Or, Historical choices of the 21st Century // ee2000 GL
	Greed is a very corrosive emotion, and our present system encourages it, Virtually lauds it, because it rewards it. Are we really arguing that no society can be free if greed is morally leashed in some way, and in which countervalues are incorporated into our superegos? Some say charity can balance greed. But charity does not demonstrate the absence or even the diminution of greed.

PROMOTING CAPITALISM AMONGST THE POOR IS EXPLOITATIVE AND MAINTAINS OPPRESSION

Wallerstein, Immanuel, Professor of Social Sciences at Binghamton University, 1998, utopistics Or, Historical choices of the 21st Century//ee2000 GL
	Some of the masses say, ``That`s how capitalism works when white, people run it, but we could make it serve us.`` Sonic also talk about Black-  owned businesses almost as if they`re the collective property of all Black people. For instance you hear people say, ``Black people have to have some businesses of our own `` and on like that. But this is far from the real deal. And this ain`t how capitalism works. It`s a system that operates, according to its own laws, and you can`t make. it into something it isn`t. Among the most important of those laws is chasing after the  biggest profits. And any capitalist who doesn`t operate according to this law won`t be one for very long because they`d get crushed or swallowed up by cut-throat competitors.
	Black people never did and never will benefit collectively from building up Black-owned businesses. A handful of Black people are ,going to own these, businesses and will have to run them to get the most profit out of them, or see them go under. And most Black people will only get to spend their money in these businesses or, in the very few cases where we`re talking about actual Black capitalists (and not just Mom and Pop stores), get shitty low-paying jobs.

CAPITALISM CAUSES RACISM AND SEXISM

CAPITALISM LEADS TO RACIAL, SEXUAL AND ETHNIC DISPARITIES

Samuel Bowles and Herbert Gintis, 1980 Schooling in Capitalist America // ee 2000 Sj pg.102
	The relative powerlessness of the educational system to promote equality is to be expected in light of the considerations of the previous chapter. The pattern of economic inequality is predominantly ``set`` in the economy itself-via market and property institutions which dictate wide inequalities in income from property, in the basic social relations of corporate enterprises, and in the tendency toward uneven development, which leads to regional, sectional, racial, sexual, and ethnic disparities. But the ``legitimation hypothesis`` which we hope to substantiate in this chapter goes considerably beyond this level of analysis. For it suggests that a major element in the integrative function of education is the legitimation of preexisting economic disparities. Thus efforts to realize egalitarian objectives are not simply weak; they are also, as we shall demonstrate, in substantial conflict with the integrative function of education.

CAPITALISM IS THE CAUSE OF SEXISM

Wallerstein, Immanuel, Professor of Social Sciences at Binghamton University, 1998, utopistics Or, Historical choices of the 21 st Century//ee2000 GL
	Sexism was also part of this Picture. What sexism as an explicit ideology involved was creating and sanctifying the concept of the housewife. Women had always worked, and most households had been patriarchal historically. But what occurred in the nineteenth century was something new. It represented a serious attempt to exclude women from what would be defined arbitrarily as incomeproducing work. The housewife was placed in tandem with the male breadwinner of the singlewage family. The result was less that the women worked more or harder but that their work was systematically devalued

THE ENDLESS ACCUMULATION OF CAPITAL IS THE MOST POTENT REASON FOR RACISM, SEXISM, AND NATIONALISM

Wallerstein, Immanuel, Professor of Social Sciences at Binghamton University, 1998, utopistics Or, Historical choices of the 21 st Cenjury//ee2000 GL
	What, then, about the issues we have been discussing so much and so vigorously in recent years: the inequalities of race, of gender, and of nation. Any world-system that does not do a whole lot better than our present one in this regard is not worth struggling to achieve. I will not say that eliminating the priority given to the endless accumulation of capital will automatically ensure equality of race, gender, and nation. What I will say is that it would eliminate one of the most potent reasons for the inequalities. After that, the real work begins, unencumbered by this heavy constraint. Perhaps with the elimination-or at least reduction-of economic fears, at the very least the murderous element may disappear.`

WE SHOULD WELCOME THE CHANCE TO REPLACE CAPITALISM

THE END OF CAPITALISM SHOULD NOT BE FEARED

Wallerstein, Immanuel, Professor of Social Sciences at Binghamton University, 1998, utopistics Or, Historical choices of the 21 st CenUry//ee2000 GL
	Still, the mere fact that all prior historical systems have been unequal, undemocratic systems is no argument that one could not envisage one that was relatively democratic and egalitarian. After all, we have been talking about this possibility for a long time now, and it is clearly attractive to a lot of people. In our present system, what guarantees the, inequalities and therefore necessarily the absence of real democratic participation in collective decision making is the primacy of the endless accumulation of capital. What people fear is that if one eliminates this primacy, one would have to sacrifice either relative productive efficiency or a free and open society. Let us investigate if either of these consequences is a necessary correlate of eliminating the primacy of the endless accumulation of capital.

THOSE WHO WANT TO IMPROVE THE FATE OF STUDENTS WOULD DO WELL TO FOCUS ON SOCIOECONOMIC NEEDS, NOT SCHOOLS

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 112
	One theme of previous pages has been that social and economic characteristics interact with pedagogical practice to produce school success or failure. If this is true, however, then Americans concerned with academic achievement might get more ``bang for the buck`` if they concentrated more reform energies on remedying some of the scandalous socioeconomic conditions that are known to cause poor student performance. What the most productive means of attacking socioeconomic problems might be is not a subject with which this report can deal, but investigating it should be one of the highest priorities of serious school reformers.

FOCUS ON SCHOOL REFORM STOPS AMERICA FROM PAYING ATTENTION TO THE REAL ISSUES OUTSIDE OF SCHOOL WHICH IMPACT YOUNG PEOPLE

RICHARD ROTHSTEIN, Economic Policy Institute, 1998; THE WAY WE WERE: The myths and realities of America`s student achievement // acs-VT2000 p. 40
	A most intelligent assessment of these problems came from, of all people, Terrel Bell, secretary of education in the Reagan administration, whose 1983 report A Nation at Risk did so much to ignite hysteria about schools in the 1980s and who reinforced this sense of alarm with annual press conferences to publicize ``wall charts`` calling attention to purportedly declining test scores. Reflecting ten years later on the damage these initiatives had wrought, Bell said,
We had placed too much confidence in school reforms that affected only six hours [a day] of a child`s life.... In the face of many negative influences on our children that come from outside the school, we have done well to maintain our high school completion rate and our level of performance on achievement measures.... We have foolishly concluded that any problems with the levels of academic achievement have been caused by faulty schools staffed by inept teachers.`

PLAN INFRINGES ON STUDENTS/TEACHERS RIGHTS DISADVANTAGE

page	Argument

283		Shell: student free expression rights
284		Must respect rights in school of all places
284		Schools cannot just stifle expression 				whenever they wish
285		Expression can be controlled to safeguard 			education
286		Can justify government intrusion
287		Vulgar and suggestive speech not protected
288		Existing legal doctrine explained
289		Links: school uniforms/dress codes
291		Schools can regulate clothing

292		Shell: teacher academic freedom rights
293		Teachers have the right to determine HOW 			they teach
294		Academic freedom must be protected
295		Answers

296		Other rights issues related to schools

SHELL -- AFFIRMATIVE VIOLATES STUDENT FIRST AMENDMENT RIGHTS

A. STUDENTS IN SCHOOLS HAVE FIRST AMENDMENT RIGHTS

Justice Mary Muehlen Maring, North Dakota Supreme Court, 1998; North Dakota Law Review ARTICLE; ``CHILDREN SHOULD BE SEEN AND NOT HEARD``: DO CHILDREN SHED THEIR RIGHT TO FREE SPEECH AT THE SCHOOLHOUSE GATE?* // acs-VT2000
	The United States Supreme Court held nearly sixty years ago that students in public schools have First Amendment rights. n1 However, the modern era of free speech in the public school context was ushered in with Tinker v. Des Moines Independent Community School District in 1969.

B. AFFIRMATIVE PLAN RESTRICT STUDENT FREEDOM OF EXPRESSION

-INSERT LINK

C. FREE SPEECH IS ESSENTIAL FOR STUDENT LEARNING AND DEVELOPMENT

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Self-expression is essential to students` education and development. It helps children establish their identities and gain maturity. Therefore, school programs should restrict expression only when necessary to achieve even more important goals. In drafting their policies, school officials should use the least restrictive means to achieve these goals. 

WE MUST RESPECT CONSTITUTIONAL RIGHTS IN SCHOOLS OF ALL PLACES

SCHOOLS ARE A VITAL AREA WHERE CONSTITUTIONAL RIGHTS MUST BE PROTECTED

Justice Mary Muehlen Maring, North Dakota Supreme Court, 1998; North Dakota Law Review ARTICLE; ``CHILDREN SHOULD BE SEEN AND NOT HEARD``: DO CHILDREN SHED THEIR RIGHT TO FREE SPEECH AT THE SCHOOLHOUSE GATE?* // acs-VT2000
	West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624, 637 (1943) (holding that a state law requiring students to pledge allegiance to the American flag violates the First Amendment). The Court in Barnette concluded that schools must protect ``Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes.`` Id. 

AMERICAN SCHOOLS ARE A VITAL PLACE TO PROTECT CONSTITUTIONAL RIGHTS IN

Justice Mary Muehlen Maring, North Dakota Supreme Court, 1998; North Dakota Law Review ARTICLE; ``CHILDREN SHOULD BE SEEN AND NOT HEARD``: DO CHILDREN SHED THEIR RIGHT TO FREE SPEECH AT THE SCHOOLHOUSE GATE?* // acs-VT2000
	In discussing what level of protection such speech is afforded, Justice Fortas first reviewed the importance of the interaction between the Constitution and public schools. He found that ``the vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools. The classroom is peculiarly the market place of ideas.`` Id. at 512 (quoting Keyishian v. Board of Regents, 385 U.S. 589, 603 (1965)).

WE MUST RESPECT CONSTITUTIONAL RIGHTS IN SCHOOLS IN ORDER TO TEACH STUDENTS TO RESPECT THEM OUTSIDE OF SCHOOLS

Jacqueline A. Stefkovich, Prof. Temple Univ. & Judith A. Miller, North Penn School District, Winter, 1999; Brigham Young University Education and Law Journal ARTICLE: Law Enforcement Officers in Public Schools: Student Citizens in Safe Havens? // acs-VT2000
	If we are to teach students about constitutional guarantees, then it is only fair that we also ensure these same students that such guarantees apply to them. Affording students these protections in relation to police searches in schools would go far in teaching students and ourselves, as educators and scholars, a most valuable lesson about the importance of both rights and responsibilities in a democracy. 

SCHOOLS CANNOT JUST CONTROL FREE EXPRESSION WHENEVER THEY WANT

SCHOOLS MAY NOT REGULATE SPEECH JUST BECAUSE THEY DO NOT APPROVE OF IT

Justice Mary Muehlen Maring, North Dakota Supreme Court, 1998; North Dakota Law Review ARTICLE; ``CHILDREN SHOULD BE SEEN AND NOT HEARD``: DO CHILDREN SHED THEIR RIGHT TO FREE SPEECH AT THE SCHOOLHOUSE GATE?* // acs-VT2000
	Justice Brennan stated ``mere incompatibility with the school`s pedagogical message [is not] constitutionally sufficient justification for the suppression of student speech.`` Id. at 280. Under the Constitution, ``public educators must accommodate some student expression even if it offends them or offers views or values that contradict those the school wishes to inculcate.`` Id. 
 
SUPREME COURT HAS RULED THAT SCHOOLS MUST HAVE AN EXCELLENT REASON FOR REGULATING FREE SPEECH

Justice Mary Muehlen Maring, North Dakota Supreme Court, 1998; North Dakota Law Review ARTICLE; ``CHILDREN SHOULD BE SEEN AND NOT HEARD``: DO CHILDREN SHED THEIR RIGHT TO FREE SPEECH AT THE SCHOOLHOUSE GATE?* // acs-VT2000
	Once the Court concluded that students were afforded the constitutional protection of free speech, it established a test to determine when school regulations infringed upon a student`s First Amendment rights. Specifically, the Court held: 1) the State must have ``more than a mere desire to avoid the discomfort and unpleasantness [of] an unpopular viewpoint``; n21 and 2) the school regulation can infringe only where the forbidden conduct would ``materially and substantially interfere`` with the work of the school or impinge on the rights of other students. n22 The Court decided that where facts are not demonstrated which might reasonably lead school authorities to forecast material and substantial disruption of school activities, a rule prohibiting the wearing of armbands could not be sustained. n23 
 
CONTENT-BASED CONTROLS ON FREE SPEECH ARE HARD TO JUSTIFY

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	A higher standard of review is applied when the government interest in the regulation is content-based. A ``content-based`` government restriction differs from a ``content-neutral`` one in that the former is directed at the specific message expressed while the latter is not. n19 A ``content-based`` regulation, because it directly implicates First Amendment rights, is presumptively unconstitutional.

SCHOOLS CAN REGULATE SPEECH TO SAFEGUARD EDUCATION

SPEECH CAN BE REGULATED IN SCHOOL IF IT INTERFERES WITH THE SCHOOL`S EDUCATIONAL PURPOSE

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	The Fraser Court distinguished Tinker by observing that ``the penalties imposed in this case were unrelated to any political viewpoint.`` n50 The Court concluded that the student`s sexually explicit speech substantially interfered with and disrupted the school`s educational purpose. n51 The regulation in Fraser prohibited all vulgar speech, regardless of its specific content or viewpoint. n52 The Court, therefore, awarded school officials greater discretion in enforcing a content-neutral regulation. n53

STUDENTS HAVE FREE SPEECH RIGHTS, BUT THEY CAN BE LIMITED BY SCHOOL`S NEED TO EDUCATE

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	In summary, the Supreme Court has acknowledged the validity of student free speech rights in the public schools. Students` rights, however, are limited by school officials` interests in promoting and preserving the educational function of the school setting. In Tinker, the Court afforded great weight to student expression when balancing conflicting interests. Only the infringement of other students` rights or a ``material and substantial interference`` of the school`s educational mission could justify a regulation limiting student expression. n64 In Fraser, the Court limited Tinker by permitting content-neutral regulation of lewd and offensive speech, even in the absence of substantial school disruption. n65 Finally, the Hazelwood Court further distinguished Tinker in holding that where the expressive conduct was related to school sponsored activity, the judiciary should grant deference to the educators` professional judgment. n66

SUPREME COURT HAS GIVEN SCHOOLS BROAD POWER TO REGULATE SPEECH WHEN EDUCATIONAOL NEEDS ARE AT ISSUE

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	In the progression from Tinker to Hazelwood, the Supreme Court grew increasingly deferential to school officials` decisions, especially when the regulations concerned school-sponsored or curriculum-based activities. n182 The Court in Grayned explained that a school`s educative function is an important consideration in determining the validity of regulations limiting ex-  [*173]  pression within and around schools. n183 Uniform requirements are designed to improve the overall quality of the school, including classroom and assembly activity. A broad reading of Fraser and Hazelwood would grant deference to school officials imposing dress requirements in an effort to regulate ``school-sponsored`` activity occurring in the classroom and at assemblies. n184

STUDENTS HAVE FIRST AMENDMENT RIGHTS, BUT SCHOOLS RETAIN AUTHORITY TO REGULATE SPEECH FOR SAFETY AND ACADEMIC ACHIEVEMENT GOALS

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	First Amendment rights apply to all United States citizens. However, the government may curtail or limit these rights depending on the class of citizens involved. For example, the government has broader discretion in limiting the rights of schoolchildren than adults. n19 In Ginsberg v. New York, n20 the Supreme Court recognized that the state has power to control the conduct of children that reaches beyond its scope of authority over adults. School districts are given considerable latitude to ensure an environment that is safe and conducive to learning.

SUPREME COURT RECOGNIZES THAT SOME, LIMITATIONS ON STUDENT RIGHTS ARE NEEDED FOR THE LEARNING PROCESS TO PROCEED

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	Wallace involved dress code regulations covering both hair and clothing. The court noted that ``the very nature of public school education required limitations on one`s personal liberty in order for the learning process to proceed.``

GOVERNMENT INTRUSION ON STUDENT FREE SPEECH CAN BE JUSTIFIED

SCHOOLS HAVE AUTHORITY TO ABRIDGE STUDENT RIGHTS IF IT IS IN THE LEGITIMATE PUBLIC INTEREST

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	While in Wallace v. Ford, n32 the court recognized the freedom to govern one`s appearance under the protection of the Due Process Clause, the court has consistently acknowledged the right of the school administrators to establish regulations that were necessary to fulfill the educational functions of the school, including safety, health decency, and classroom decorum. These interests were subjected to a balancing test. The court determined that if the state interest outweighed the personal liberty  [*155]  interest, the intrusion on the personal liberty would be justified; if it did not, the dress code regulation would fail. The court approved of an analysis which took into account the nature of the liberty asserted, the context in which it is asserted, and the extent to which the intrusion is confined to the legitimate public interest to be served.``

STUDENTS HAVE FEWER FREE SPEECH RIGHTS IN SCHOOL, BUT STILL RETAIN THEIR RIGHTS

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Due to the important and unique nature of the school setting, courts grant the First Amendment rights of public school children less protection than they grant to adults in other contexts. n25 However, ``[i]t can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.``

SOME GOVERNMENT INTRUSION OF FREEDOM OF SPEECH IS CONSTITUTIONAL

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	The First Amendment`s freedom of speech guarantee is not absolute. n11 Before the government can impose limitations on an individual`s right to free speech, however, it must show that such limitations are ``sufficiently justified.`` n12

SUPREME COURT IS BROADENING THE DISCRETION IT GIVES TO SCHOOLS TO CONTROL STUDENT SPEECH

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	David Schimmel, Freedom of Expression, in The Principal`s Legal Handbook 13, 21 (William E. Camp et al. eds., 1993) (``The Hazelwood and Bethel decisions suggest that the current Supreme Court is likely to give greater deference to administrative discretion than to student expression in school-sponsored educational activities.``). 

SPEECH AND NON-SPEECH COMBINATIONS HAVE A LOWER STANDARD FOR CONSTITUTIONAL REGULATION

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	See United States v. O`Brien, 391 U.S. 367, 376 (1968) (asserting that the First Amendment does not protect all conduct intended as speech).  (``[W]hen ``speech` and ``nonspeech` elements are combined in the same course of conduct, a sufficiently important governmental interest in regulating the nonspeech element can justify incidental limitations on First Amendment freedoms.``). 

VULGAR AND SUGGESTIVE SPEECH ARE NOT PROTECTED

VULGAR OR SEXUALLY SUGGESTIVE SPEECH IS NOT PROTECTED IN SCHOOL

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	In Bethel School District v. Fraser, n44 the Court declined to extend First Amendment protection to students` use of vulgar and lewd speech. n45 The Fraser Court upheld a student`s suspension for recitation of a sexually suggestive nomination speech at a school assembly. n46 The Court explained that the educational value of schools is not limited to academics. n47 Schools also impart societal values, and therefore they have a legitimate interest in banning ``vulgar and offensive`` speech n48 that would hinder that process. n49

CONTENT REGULATION IS PERMISSABLE FOR LOW VALUE SPEECH, SUCH AS OBSCENITY OR DEFAMATION

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	n20. See R.A.V. v. City of St. Paul, 505 U.S. 377, 382 (1992) (``Content-based regulations are presumptively invalid.``). There is an exception to this presumptive invalidity for speech traditionally considered of slight social value, for example, obscenity or defamation. See id. at 383-84 (explaining that the government can proscribe certain low value speech and remain faithful to the First Amendment).

SCHOOLS CAN CONTROL LEWD OR DISRUPTIVE SPEECH

Justice Mary Muehlen Maring, North Dakota Supreme Court, 1998; North Dakota Law Review ARTICLE; ``CHILDREN SHOULD BE SEEN AND NOT HEARD``: DO CHILDREN SHED THEIR RIGHT TO FREE SPEECH AT THE SCHOOLHOUSE GATE?* // acs-VT2000
	``The next major post mark in the evolution of student speech occurred in 1986 in Bethel School District Number 403 v. Fraser,`` n31 a 7-2 decision in favor of the school district. Focusing its attention primarily on the content of the student`s expression, the Fraser Court held that school officials can punish a student for ``offensively lewd and indecent`` speech in the schoolhouse.

 TINKER CASE ESTABLISHES STANDARDS FOR REGULATING SPEECH IN SCHOOLS

Justice Mary Muehlen Maring, North Dakota Supreme Court, 1998; North Dakota Law Review ARTICLE; ``CHILDREN SHOULD BE SEEN AND NOT HEARD``: DO CHILDREN SHED THEIR RIGHT TO FREE SPEECH AT THE SCHOOLHOUSE GATE?* // acs-VT2000
	The Tinker Court began its analysis by characterizing the issue before it as the murky area where ``students in the exercise of First Amendment rights collide with the rules of the school authorities.`` n14 On the student side, the Court recognized its ``unmistakable holding ... for almost fifty years`` that students do not ``shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.`` n15 On the school side, the Court also reaffirmed the ``comprehensive authority of the states and of school officials, consistent with fundamental constitutional safeguards, to prescribe and control conduct in the schools.`` n16 After recognizing these principles, the Court concluded that wearing armbands to school to express a political viewpoint clearly involved  [*681]  ``direct, primary First Amendment rights akin to ``pure speech.``` n17 Before the Court resolved the conflict between the students and school officials, it laid out some foundational principles. First, the Court recognized that students, both in and out of school, are ``persons`` under the Constitution. n18 Second, students ``are possessed of fundamental rights which the State must respect[.]`` n19 Based upon these two major premises, the Court stated that ``in the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expression of their view.`` n20 
 
TINKER DECISION SHOWS THAT STUDENT FREE SPEECH MAY NOT BE REGULATED WITHOUT A SUBSTANTIAL AND LEGITIMATE GOVERNMENTAL INTEREST

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	The Tinker decision thus requires a substantial, legitimate government interest to justify school officials` regulation of students` free expression. The Court held that unless a school`s interests include the avoidance of a ``material`` or ``substantial`` interference with school discipline or the invasion of other students` rights, the regulation is impermissible. n37 The standard of review for evaluating the school`s interests, however, still follows the content-based/content-neutral differentiation established in O`Brien. A content-based regulation, such as the one in Tinker, would be presumptively unconstitutional, while a content-neutral regulation could be supported by a substantial governmental interest. n38

HAZELWOOD & O`BRIEN TESTS FOR FREE SPEECH IN SCHOOLS

SUPREME COURT DECISION IN HAZELWOOD CASE ALLOWS SCHOOLS TO CONTROL SPEECH THROUGH BROAD ACTIONS

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	In its most recent decision regarding students` First Amendment rights, Hazelwood v. Kuhlmeier, n54 the Court further limited Tinker and broadened school officials` authority to regulate student speech. Hazelwood involved a high school principal`s decision to delete two pages from an edition of a journalism class`s newspaper. n55 The principal believed that an article describing the experiences of pregnant teens was inappropriate for younger students and also posed too great a risk of exposing the teens` identities. n56 The principal further objected to an article describing a student`s reaction to her parents` divorce, because it did not give her parents an opportunity to respond. n57 Because of the immediacy of the publication date, the principal decided to delete the entire two pages on which the articles appeared. In upholding the principal`s actions, n59 the Court once again distinguished  [*160]  Tinker, this time by explaining that the journalism publication could be characterized as ``part of the school curriculum,`` whereas the conduct at issue in Tinker ``addresse[d] educators` ability to silence a student`s personal expression that happens to occur on the school premises.`` n60 The Court asserted that educators needed more leeway to govern student expression in the Hazelwood situation because, as part of its educational mission, ``[a] school must be able to set high standards for the student speech that is disseminated under its auspices.`` n61 Thus, a school may ``refuse to sponsor`` expression that it deems inappropriate and contrary to the basic values it seeks to impart. n62 Furthermore, the Court emphasized that educators, not the courts, were best equipped to make such decisions. n63

A FOUR PART TEST ESTABLISHED IN THE O`BRIEN DECISION DETERMINE WHEN SPEECH CAN BE ABRIDGED

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	In United States v. O`Brien, the Supreme Court established a four-part test to determine whether a governmental regulation that incidentally affects free speech is constitutionally permissible.
First, the regulation must be within the government`s constitutional powers. n14 
Second, the regulation must further ``an important or substantial governmental interest.`` n15 
Third, the government interest must be ``content-neutral,`` meaning that it must have a purpose other than the restriction of free speech. n16 
Finally, the restriction must be narrowly tailored to inhibit  [*156]  free expression only to the extent necessary to further its legitimate goals. n17 A regulation meeting these criteria is permissible even though it may incidentally infringe upon free speech.

UNIFORMS: CLOTHING CHOICE IS FREE EXPRESSION

CLOTHING IS PERSONAL EXPRESSION IN FOUR WAYS

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Some experts have suggested four personal motives that inspire the way different people dress. n159 First, people who wish to validate their own identities use clothing to reflect their self-image. n160 Second, some people choose to protect their personal selves by blending in and ``hiding`` behind their clothes. n161 Third are those who modify their clothes to try to attain a ``wished-for identity`` that they would like to achieve. n162 Finally, some people wear certain clothing to proclaim their own personal values. n163

CLOTHING CHOICE IS AN IMPORTANT PART OF SELF-DEFINITION

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Regardless of what one wears, the act of choosing one`s own clothes also plays an important role in self-definition.  See Lurie, supra note 109, at 5 (``To choose clothes, either in a store or at home, is to define and describe ourselves.``). In grade school, most children just want to dress like their peers. n156 Thus, in the lower grades, a uniform may aid a student`s own wish to fit in. In high school, however, clothes take on more significance. It is in high school that many students begin to question their identity, and clothing gives them the opportunity to try out different personas. n157 ``Through the clothing decisions an individual makes, he or she gains greater awareness of a self that is distinct and separate from the family yet still anchored in society`s basic ideas and beliefs.`` n158 Adolescents` clothing choices reflect their increasing desire to make independent decisions, and therefore may actually help them to mature.

TO TEENS, CLOTHING IS AN IMPORTANT FORM OF EXPRESSION

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	The act of choosing one`s dress is one step in the maturation process. Clothing can send a fairly explicit message about the kind of person the wearer is and what values he holds. Clothing, therefore, is especially important to teens. 

CLOTHING BECOMES AN EXPRESSIVE SYMBOL SYSTEM

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	 [*168]  Some sociologists have recognized clothing`s expressive value and label various forms of dress by the type of message they convey. ``Clothing symbols,`` for example, refer to clothes that express a diffuse message, revealing cultural values of a specific group of people at a specific point in time. n142 Throughout history, people have used fashion to express social standing, wealth, prestige, health, and youthfulness. n143 For example, European aristocrats wore expensive fabrics to differentiate themselves from peasants. n144 A limitation on symbolic clothing, however, is that viewers cannot glean the clothes` meaning unless they know the wearer and his or her culture well. As a result, symbolic clothing may not always clearly indicate a wearer`s behavior or group affiliation. n145

CLOTHING IS A LANGUAGE WHICH EXPRESSES CONTENT, AND SO IT IS SPEECH

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Some sociologists believe that the ``language`` of clothes is closely analogous to that of words. n132 For example, clothing that is casual, loose, and comfortable can be thought of as ``slang.`` n133 Different colors and patterns of clothing flesh out the meaning of the communication. n134 White indicates purity or status, n135 black speaks of mourning or sophistication, n136 and red emits messages of love or anger. n137 Patterns and designs on clothing also hold social meaning. n138 Ordered patterns, such as stripes, convey organization and dependability, n139 while dots and flowers represent freedom and ease. n140 Admittedly, the message meant by one`s clothes depends upon the situation. n141

UNIFORMS: DRESS CODE & UNIFORM POLICIES VIOLATE FREEDOM OF EXPRESSION

DRESS CODE AND UNIFORM POLICIES VIOLATE STUDENT FREEDOM OF EXPRESSION

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	Dress code opponents argue that a student`s clothing does convey a message expressing their ideas and individuality, and thus qualifies as expressive speech. As such, a regulation requiring uniforms violates the O`Brien standard which requires that regulation restricting students` rights be no more than necessary to further the government`s interest in providing a safe, educationally conducive environment. Uniform opponents argue that requiring students to wear uniforms is more than merely incidental. Implementation of a uniform dress code is excessive, therefore such regulations are unconstitutional. 

SCHOOL UNIFORM POLICIES ARE NOT CONTENT NEUTRAL, SINCE THEIR AIM IS TO STOP GANG RELATED CLOTHING

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	Opponents of uniform dress codes argue that the emphasis of the uniform policy is to ban gang related clothing and is therefore content based because the regulation is aimed at eliminating particular clothing. Content based regulations face strict scrutiny and laws rarely survive this high level of scrutiny. Strict scrutiny requires that there must be a compelling state interest with no less restrictive means available to further that interest. A safe school environment could be considered a compelling state interest, and uniform policies implemented only if the state could prove that there was no less restrictive means available to meet that compelling interest. 

BAN ON GANG RELATED CLOTHING RULES UNCONSTITUTIONAL BY THE COURT SYSTEM

Journal of Law & Education, April, 1998 RECENT DEVELOPMENT: PRIMARY AND SECONDARY EDUCATION // acs-VT2000
	High school students sued school district alleging freedom of speech violations when ban on gang-related clothing prevented them from wearing rosaries. To curtail gang activity at the school, school officials sought to ban gang-related clothing. This ban allegedly included rosaries. Although the handbook asserting the policy required a list of gang-related clothing would to be kept, no list existed. Held: For the students. Rosaries are religious symbols intended to convey students` religious beliefs. Furthermore, the school has not shown how rosary-wearing causes a substantial disruption or material interference  [*283]  with school activities. Finally, the rule is void for vagueness because ordinary people cannot determine what is gang-related clothing without school-established guidelines. Chalifoux v. New Caney Indep. Sch. Dist., 976 F. Supp. 659 (S.D. Tex. 1997).

DRESS CODES TEND TO FOCUS DISCRIMINATORILY ON AFRICAN-AMERICAN STUDENTS

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	Moreover, dress codes may contain an inherent racial bias because they tend to focus on clothing associated with African-American gangs while ignoring other groups such as white supremacist gangs.... 

SCHOOL UNIFORM POLICY MAY VIOLATE STATE CONSTITUTIONS` PROTECTION OF FREE SPEECH RIGHTS

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	In addition to First Amendment constraints, school officials should be aware that local laws may grant greater rights to students than the U.S. Constitution. A state statute that grants broader protection to student expression may effectively curtail a uniform program that is otherwise constitutional. n185 For example, a Massachusetts statute protects student expression ``through speech and symbols`` and may therefore prohibit any uniform policy.

SCHOOL UNIFORMS THREATEN THE FIRST AMENDMENT RIGHTS OF STUDENTS

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Moreover, uniforms are controversial because they threaten students` First Amendment rights to freedom of expression.

EXPRESSIVE CONDUCT CAN BE JUDGED AS A PROTECTED SPEECH ACTIVITY

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Though the First Amendment refers specifically to the freedom of speech, n21 courts broadly construe the Amendment to protect other forms of expressive conduct. n22 The test used to determine whether conduct is actually expressive was laid out in Spence v. Washington. n23 To constitute expression, the conduct must be such that the actor ``intend[s] to convey a particularized message,`` and there must be a high probability ``that the message would be understood by those who viewed it.`` n24

UNIFORMS: SCHOOLS CAN REGULATE CLOTHING THROUGH UNIFORMS

COURTS WILL GRANT SCHOOL UNIFORM POWERS TO SCHOOLS THROUGH THE BALANCING TEST

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	Advocates believe that uniforms are necessary to provide safe public schools and that in a balancing test, the governmental interest outweighs the incidental burden placed on students. n84 Based on how the courts have ruled previously on related issues, it is unlikely that the court would find students` clothing to be a protected form of speech. However, even if the court did find clothing to be expressive speech, the governmental interest is so great in having safe schools with an environment conducive to learning, that the courts would most likely continue to grant this discretion to school authorities.

SCHOOL UNIFORM POLICY DOES NOT VIOLATE THE FIRST AMENDMENT IF IT REDUCES PROBLEMS IN SCHOOLS

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	In summary, a uniform requirement may be a permissible regulation of students` First Amendment rights. School officials must prove, however, that the school`s educative function is threatened by a foreseeable and perhaps even imminent threat of disruption. Additionally, the officials must show that the threat of violence or other disturbances are at least in part attributable to the students` clothing. Finally, the uniform program must be as narrowly tailored as possible to achieve its legitimate ends. School districts must also keep in mind that their state`s laws may further restrict their authority to promulgate a uniform program. 

CLOTHING IS NOT RECOGNIZED AS A TRUE SPEECH EXPRESSION WORTHY OF BEING COVERED BY THE FIRST AMENDMENT

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Another important issue addressed by the lower courts is whether student dress constitutes true expression worthy of First Amendment protection.  [*162]  Some courts have justified upholding dress restrictions in public schools by deeming the conduct in question nonexpressive. n77 Under Spence, in order to be considered expressive, communication must be intentionally imparted with a high likelihood of being understood. See, e.g., Bivens v. Albuquerque Pub. Sch., 899 F. Supp. 556, 560-61 (D.N.M. 1995) (explaining that clothing style of baggy pants does not express an ``objectively recognizable message``); Olesen v. Board of Educ., 676 F. Supp. 820, 822 (N.D. Ill. 1987) (holding that although a male student`s earring expressed individuality, it was not a specific message deserving of First Amendment protection). 

CLOTHING DOES NOT SEND A PARTICULARLIZED MESSAGE, AND SO IS NOT A PART OF FREE SPEECH RIGHTS

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	In Bivens v. Albuquerque Public Schools, n79 the court applied the Spence test to find that the clothing style of baggy pants did not constitute expressive speech. n80 The plaintiff argued that wearing baggy pants expressed his urban black identity. n81 The court, however, found that wearing baggy pants could be interpreted several ways. n82 Baggy pants could signify gang affiliation or could simply represent a growing trend among adolescents across the nation. n83 Therefore, the plaintiff did not send a particularized message that would be clearly understood by others.

REGULATIONS REGARDING DRESS ARE MORE CONSTITUTIONAL THAN REGULATIONS REGARDING HAIR STYLES

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	Further, the court observed that clothing regulations may not require as much justification as hair regulations because clothing can be changed after school hours. Regulations governing dress do not require the student to alter his or her physical being, while a hair style regulation affects a student at all times, both during and after school.

SHELL -- AFFIRMATIVE VIOLATES ACADEMIC FREEDOM

A. AFFIRMATIVE SPECIFIES HOW THEIR PLAN WILL BE IMPLEMTNED BY TEACHERS

B. THIS VIOLATES ACADEMIC FREEDOM

DEFINITION OF ACADEMIC FREEDOM

W. Stuart Stuller, Nebraska Law Review , 1998; ARTICLE: High School Academic Freedom: The Evolution of a Fish out of Water acs-VT2000
	In its 1915 Declaration of Principles, the AAUP defined academic freedom as ``a right claimed by the accredited educator, as teacher and investigator, to interpret his findings and to communicate his conclusions without being subjected to any interference, molestation, or penalization because the conclusions are unacceptable to some constituted authority within or beyond the institution.`` 

C. ACADEMIC FREEDOM IS IMPORTANT AND SHOULD BE PROTECTED

W. Stuart Stuller, Nebraska Law Review , 1998; ARTICLE: High School Academic Freedom: The Evolution of a Fish out of Water acs-VT2000
	Academic freedom is of unquestioned importance and it comes in many forms. The Supreme Court`s decision in Reno v. American Civil Liberties Union n257 was an important victory for the freedom of citizens to exchange information on topics of their choosing. While some would still like to exercise a religious veto over scientific inquiry, the Constitution prevents the government from protecting religious beliefs from the results of scientific inquiry. n258 Similarly, the freedom of public employees to speak out on matters of public concern, while no longer limited to the academy, unquestionably exists. n259 Academic freedom ought to protect the work of publicly-employed scholars from sanctions imposed for reasons unrelated to the scholarly merit of their  [*343]  work, and public concern jurisprudence probably does so. In this sense, academic freedom indeed is ``a special concern of the First Amendment.`` n260 

TEACHERS HAVE THE RIGHT TO DETERMINE HOW THEY TEACH

TEACHERS HAVE THE RIGHT TO CHOOSE PEDOGOGICAL METHODS FOR TEACHING A COURSE IN THE CURRICULUM

W. Stuart Stuller, Nebraska Law Review , 1998; ARTICLE: High School Academic Freedom: The Evolution of a Fish out of Water acs-VT2000
	Various courts, in the wake of Keyishian, have recognized that a teacher in a public educational institution has a constitutionally protected First Amendment interest in choosing a particular pedagogical method for presenting the idea-content of a course, as long as the course is part of the official curriculum of the educational institution and the teaching method serves a demonstrable educational purpose. n147 

ACADEMIC FREEDOM GIVES TEACHERS THE RIGHT TO IMPLEMENT A COURSE AS THEY WISH

W. Stuart Stuller, Nebraska Law Review , 1998; ARTICLE: High School Academic Freedom: The Evolution of a Fish out of Water acs-VT2000
	Some courts have articulated an abbreviated substantive right of academic freedom authorizing teachers not to set, but to implement,  [*339]  the curriculum in a manner of their own choosing. State Bd. for Community Colleges and Occupational Educ. v. Olson, 687 P.2d 429, 437 (Colo. 1984).
 
TEACHERS HAVE THE RIGHT TO IMPLEMENT CURRICULUM AS THEY CHOOSE

W. Stuart Stuller, Nebraska Law Review , 1998; ARTICLE: High School Academic Freedom: The Evolution of a Fish out of Water acs-VT2000
	A high school teacher has a right of academic freedom ``in choosing a particular pedagogical method for a course, so long as the course is part of the school`s official curriculum and the teaching method serves a demonstrable educational purpose.``

BULK OF ACADEMIC FREEDOM CONCERNS ARE AT THE HIGH SCHOOL LEVEL

W. Stuart Stuller, Nebraska Law Review , 1998; ARTICLE: High School Academic Freedom: The Evolution of a Fish out of Water acs-VT2000
	A number of factors contribute to this state of affairs. Courts have failed to examine or define the parameters of academic freedom. Courts also have failed to inquire into the nature and theoretical origins of academic freedom. While academic freedom had its genesis in the evoluton of the modern university, n32 the bulk of academic freedom cases have arisen in the context of secondary schools. n33 There is much salience in the observation that the justification for academic freedom must be found in the character and function of the institution and the scholar`s role within that institution. n34 

ACADEMIC FREEDOM MUST BE PROTECTED

FREEDOM MUST BE GIVEN TO TEACHERS BECAUSE OF THE ROLE OF EDUCATION IN OUR SOCIETY

W. Stuart Stuller, Nebraska Law Review , 1998; ARTICLE: High School Academic Freedom: The Evolution of a Fish out of Water acs-VT2000
	Justice Frankfurter: The process of education has naturally enough been the basis of hope for the endurance of our democracy on the part of all our great leaders, from Thomas Jefferson onwards. 
To regard teachers - in our entire educational system, from the primary grades to the university - as the priests of our democracy is therefore not to indulge in hyperbole. n73 

ACADEMIC FREEDOM MUST BE SAFEGUARDED

W. Stuart Stuller, Nebraska Law Review , 1998; ARTICLE: High School Academic Freedom: The Evolution of a Fish out of Water acs-VT2000
	Within the broad arena of education law, a rhetoric of academic freedom has developed, much of it springing from Justice Brennan`s memorable passage in Keyishian v. Board of Regents. 
``Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom. `The vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools.` The classroom is peculiarly the `marketplace of ideas.` The Nation`s future depends upon leaders trained through wide exposure to that robust exchange of ideas which discovers truth `out of a multitude of tongues, [rather] than through any kind of authoritative selection.` ``

CLASSROOM AS MARKETPLACE OF IDEAS MUST BE DEFENDED AS A FORUM FOR FREE SPEECH

Justice Mary Muehlen Maring, North Dakota Supreme Court, 1998; North Dakota Law Review ARTICLE; ``CHILDREN SHOULD BE SEEN AND NOT HEARD``: DO CHILDREN SHED THEIR RIGHT TO FREE SPEECH AT THE SCHOOLHOUSE GATE?* // acs-VT2000
	Justice Fortas found that ``the vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools. The classroom is peculiarly the market place of ideas.`` 

ANSWERS TO AVADEMIC FREEDOM DISADVANTAGE

COURTS HAVE RULED THAT HIGH SCHOOL TEACHERS DO NOT HAVE ACADEMIC FREEDOM

W. Stuart Stuller, Nebraska Law Review , 1998; ARTICLE: High School Academic Freedom: The Evolution of a Fish out of Water acs-VT2000
	The Court of Appeals stated that academic freedom embodies the principle that individual instructors are at liberty to teach that which they deem to be appropriate in the exercise of their professional judgment. But, in the State of Louisiana, courses in public schools are prescribed by the State Board of Education and teachers are not free, absent permission, to teach courses different from what is required. `Academic freedom,` at least as it is commonly understood, is not a relevant concept in this context. n27 n27. Edwards v. Aguillard, 482 U.S. 578 586 n.6 (1987)(citations omitted); see also Minnesota State Bd. for Community Colleges v. Knight, 465 U.S. 271, 287 (1984)(stating that the Court has never recognized that the faculty has a constitutional right to participate in the policymaking of academic institutions). 

ACADEMIC FREEDOM IS A VERY VAGUE TERM

W. Stuart Stuller, Nebraska Law Review , 1998; ARTICLE: High School Academic Freedom: The Evolution of a Fish out of Water acs-VT2000
	Notwithstanding the clarity of these images, the term ``academic freedom`` itself is hardly self-defining. It is indicative of the malleability of the term that Laurence Tribe can observe that the Supreme Court has never recognized academic freedom as an independent constitutional doctrine, n38 while William Van Alstyne can write that the Court has incorporated academic freedom into the Constitution, n39 and both can be right. n40 

TEACHERS ARE REQUIRED TO TEACH THINGS THEY DO NOT AGREE WITH AS A COMMON EXPERIENCE IN SCHOOLS

W. Stuart Stuller, Nebraska Law Review , 1998; ARTICLE: High School Academic Freedom: The Evolution of a Fish out of Water acs-VT2000
	Teaching is an occupation effected through speech. Indeed, the normal operations of schools would be rife with First Amendment horror shows if only the First Amendment applied. n254 Teachers are routinely required to have their lesson plans approved in advance: prior restraints. They are often called upon to teach from a text with which they have a measure of disagreement: coerced speech. And, of course, viewpoint discrimination is rampant: humans evolved from lower species; the Holocaust did occur, and racial stereotyping is bad. 

SCHOOL BOARDS HAVE THE RIGHT TO INFRINGE ON ACADEMIC FREEDOM

W. Stuart Stuller, Nebraska Law Review , 1998; ARTICLE: High School Academic Freedom: The Evolution of a Fish out of Water acs-VT2000
	The most important difference, however, is the educational model applicable to each setting. Academic freedom arose not to mandate ideological diversity in proprietary institutions - which, after all, would interfere with the ideological freedom of those institutions - but to protect the ability of scholars at true universities to challenge existing knowledge without fear of sanction from those outside the academic community. The production of scholarship does not fall within the job description of high school teachers. Instead, the Supreme Court has described public schools in terms that are reminiscent of the AAUP`s description of ``proprietary institutions``: 
We have ... acknowledged that public schools are vitally important `in the preparation of individuals for participation as citizens,` and as vehicles for `inculcating fundamental values necessary to the maintenance of a democratic political system.` We are therefore in full agreement with petitioners that local school boards must be permitted `to establish and apply their curriculum in such a way as to transmit community values,` and that `there is a legitimate and substantial community interest in promoting respect for authority and traditional values be they social, moral, or political.` Board of Educ. v. Pico, 457 U.S. 853, 864 (1982)(Brennan, J., plurality)(

OTHER RIGHTS ISSUES RELATED TO SCHOOLS

COURTS RULED THAT ALL-MALE ACADEMIES WERE DISCRIMINATORY AGAINST WOMEN

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	The district court enjoined the opening of the Academies, agreeing with the plaintiffs that the schools were likely to be found unconstitutional and otherwise contrary to law. The judge added: ``this Court views the purpose for which the Academies came into being as an important one. It acknowledges the status of urban males as an `endangered species.` The purpose, however, is insufficient to override the rights of females to equal opportunities.`` n38    Garrett v. Board of Educ., 775 F. Supp. 1004, 1014 (E.D. Mich. 1991).

SCHOOLS HAVE A LESS RESTRICTIVE STANDARD FOR SEARCHES AND SEIZURES THAN POLICE DO

Jacqueline A. Stefkovich, Prof. Temple Univ. & Judith A. Miller, North Penn School District, Winter, 1999; Brigham Young University Education and Law Journal ARTICLE: Law Enforcement Officers in Public Schools: Student Citizens in Safe Havens? // acs-VT2000
	Police involvement in school searches has become a controversial issue since the Supreme Court, in New Jersey v. T.L.O., n1 refused to express an opinion on what constitutes a legal search when school officials act ``in conjunction with or at the behest of law enforcement agencies.`` n2 The T.L.O. Court classified school personnel as state officials for Fourth Amendment purposes, but allowed them broad authority to conduct searches under the ``reasonable suspicion`` standard, a less restrictive standard than the ``probable cause`` standard generally required of police officers.

SCHOOLS ARE NOT EXEMPT FROM FOURTH AMENDMENT PROTECTIONS AGAINST UNREASONABLE SEARCHES & SEIZURES

Jacqueline A. Stefkovich, Prof. Temple Univ. & Judith A. Miller, North Penn School District, Winter, 1999; Brigham Young University Education and Law Journal ARTICLE: Law Enforcement Officers in Public Schools: Student Citizens in Safe Havens? // acs-VT2000
	As a result, the Supreme Court handed down the landmark case of New Jersey v. T.L.O. in 1985. n14 The Court found that the Fourth Amendment prohibition of unreasonable searches and seizures applied to public school officials under the Fourteenth Amendment. n15 New Jersey v. T.L.O. laid to rest the concept of in loco parentis as the basis for a school`s authority: ``In carrying out searches and other disciplinary functions pursuant to such policies, school officials act as representatives of the State, not merely as surrogates for the parents, and they cannot claim the parents` immunity from the strictures of the Fourth Amendment.``

SHARING STUDENT RECORDS, AS IN MISSOURI, THREATENS STUDENT PRIVACY RIGHTS

Stanley Matthew Burgess, Spring, 1998;  University of Missouri at Kansas City Law Review, COMMENT: MISSOURI`S SAFE SCHOOLS ACT: AN ATTEMPT TO ENSURE A SAFE EDUCATION OPPORTUNITY // acs-VT2000
	The [Missouri] Act was instituted to ensure that Missouri`s public schools are a safe place for students to learn and achieve. However, the Act potentially jeopardizes the privacy expectations of many students by unlawfully disclosing the contents of the pupil`s discipline files to individuals who do not need the information to secure a safe educational environment. Missouri`s legislature anticipated that it could prevent future violent student actions by releasing the contents of a pupil`s dis- cipline file. However, this action substantially compromises every student`s privacy expectations while at school. Therefore, while the Act seeks to protect innocent students, like Christine Smetzer from the violent behavior of other children, it potentially violates the pupil`s fundamental rights through the disclosure of permanent discipline files to individuals who do not need the information to maintain safety within a school. 

CRITIQUES

page		Argument

298			Critique of Credentialism
			Based on the writings of Labaree & Illich, this position argues that when the focus for education is on personal advancement (job, income, degree, status) it detracts from the value of the learning itself. Thus education is seen as an exchange value, not a use value. This commodifies knowledge, and the student is just selfishly seeking a credential to open doors to personal promotion. This harms education and individuals. It is the reason our school system is in trouble, and most affirmatives just feed this process.

308			Critique of Work
			A somewhat anarchistic musing, this position argues that education and high school especially prepare us for a world of work. The problem is that work is BAD, and unemployment would be BETTER. Don't scoff at this, read the evidence then make up your mind. Thanks to Bob Black and the Leisure Party.

CRITIQUE OF CREDENTIALISM

page	Argument

299		Shell
300		Social mobility credentialism theory 					explained
301		Link: focus on getting ahead and getting a 			degree
302		Makes learning a commodity
303		Impact: damages the entire educational 				system
304		Impact: increases social inequality
305		Impact: destroys learning
306		Impact: damages student motivation
307		Labaree is correct

 SHELL -- FOCUS ON DEGREES AND PERSONAL ADVANCEMENT DESTROYS THE EDUCATION SYSTEM

A. WE MUST REDUCE OUR DEPENDENCE ON HIGH SCHOOL CREDENTIALS

Sherman Dorn, Assistant Professor of Special Education at Peabody College of Vanderbilt University, 1996; CREATING THE DROPOUT: AN INSTITUTIONAL AND SOCIAL HISTORY OF SCHOOL FAILURE, EE2000-hxm p. 133
	The history of dropout policies does have some implications for school policy. First is the urgent need to reduce our dependence on high school credentials for adult education. The dynamics of credentials has fostered an artificial demand for alternative credentials that has supplanted, instead of advancing, adult education. In addition, the limits of 1960s and later programs suggest the need for broad programs to assist students rather than limited, ``pilot`` projects that will never become permanent features of schools. Finally, these programs need to rely on permanent constituencies and rationales beyond the prevention of dropping out. The shallowness of the social construction of dropping out has served school programs poorly over more than three decades.

B. AMERICAN EDUCATION HAS FOCUSED TOO MUCH ON THE ``SOCIAL MOBILITY`` FACTOR OF EDUCATION

Theodore R. Mitchell. Vice Chancellor, University of California-Los Angeles, March 1, 1998; Change; Pg. 56; HEADLINE: How to Succeed in the School Without Really Learning: The Credentials Race in American Education // acs-VT2000
	Important as these are, Labaree sees social mobility - the idea that education should serve as a mechanism for maintaining or improving one`s position in an unequal society - as the dominant and distorting force in the evolution of educational institutions. According to Labaree, ``the social mobility goal has emerged as the most influential factor in American education. Increasingly, it provides us with the language we use to talk about schools, the ideas we use to justify their existence, and the practices we mandate in promoting their reform.`` 

C. THE PURSUIT OF EDUCATIONAL ADVANTAGE PROMOTES A CREDENTIALIST SYSTEM AT THE EXPENSE OF AN EDUCATED CITIZENRY

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 12-13
	The answer, I suggest, is that the pursuit of educational advantage has inadvertently threatened to transform the public educational system into a mechanism for  per sonal advancement. In the process, the generous public

goals that have been so important in defining the larger societal interest in education - to produce politically capable and socially productive citizens - have lost significant ground to the narrow pursuit of private advantage at public expense. The result is that the common school has become increasingly uncommon, with a growing emphasis on producing selective symbolic distinctions rather than shared substantive accomplishments, and the community interest in education as a public good has increasingly lost ground to the individual interest in education as private property. The cost of this transformation is shared by all of us, for we cannot escape the collective conscquences of our own self-interested uses of the public school. The relentless pursuit of educational credentials in the name of social mobility is gradually consuming our system of education, and we are already living with the unlovely consequences.

SOCIAL MOBILITY CREDENTIALISM THEORY EXPLAINED

SOCIAL MOBILITY-CREDENTIALISM THEORY EXPLAINED

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 261-262
	My point is simply this: by constructing a system of education so heavily around the goal of promoting individual social mobility, we have placed public education in service to private interests. The result, as we have seen, is to undercut other goals for education that serve the interests of the public as a whole, such as the production of competent citizens a nd productive workers.
	Social mobility, I conclude, needs to be balanced by democratic equality and social efficiency, or else we will continue to reproduce an educational system that is mired in consumerism and credentialism. Too often this system, in its eagerness to provide individual consumers with the credentials they demand, undercuts learning, overproduces credentials, and reinforces social advantage. Ironically, an educational system dedicated to promoting upward mobility frequently interferes not only with getting an education but also with getting ahead. The system, it seems, is all too effective at allowing individuals to gain a social advantage by climbing the educational ladder, and the result is a structure of selection and attrition that promotes opportunity for some by preserving disadvantage for others.

THE CREDENTIALS MARKET OPERATES AUTONOMOUSLY FROM THE EDUCATIONAL SYSTEM

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 49-50
	The credentials market exists in a state of partial autonomy. Constrained by the institutions that bracket it, this market also exerts an independent impact on both of these institutions. Understanding the nature of the latter impact is crucial to an understanding of the relation between school and society in the United States. As Collins and Boudon show, the inner logic of the credentials market is quite simple and rational: educational opportunities grow faster than social opportunities, the ability of a particular diploma to buy a good job declines, so the value of educational credentials becomes inflated. This outcome, the natural result of contradictory tendencies woven into the fabric of American life, shapes both schools and the economy.

IT IS RATIONAL UNDER THE CURRENT SYSTEM FOR STUDENTS TO FOCUS ON GAINING CREDENTIALS, NOT KNOWLEDGE

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 251-252
	(In) an argument that is similar to the one I make in this book, Steinberg shows that students adapt themselves to this situation in a manner that is quite rational in light of the incentives and disincentives built into the system, but that undermines the process of acquiring an education:
Do students believe in the benefits of schooling? Yes and no. Students believe in the benefits associated with getting a diploma or a degree, but they are skeptical about the benefits associated with either learning or doing well in class. In other words, students . . . correctly believe that college graduates stand a better chance of getting good jobs than high school graduates, who, in turn, stand a better chance of occupational success than dropouts. At the same time, however, they do not associate later success either with doing well in school (in terms of their grades or the evaluations of their teachers) or with learning what schools have to teach. In students` eyes, then, what matters is only whether one graduates - not how well one does or what one learns along the way.
	If this is the prevailing belief among contemporary students -and our study suggests that it is - it is easy to understand why so many students coast through school without devoting much energy to their schoolwork.
	Within a belief system in which all that counts is graduation - in which earning good grades is seen as equivalent to earning mediocre ones, or worse yet, in which learning something from school is seen as unimportant -students choose the path of least resistance .

``SCHOOL`` IS NO LONGER A SCARCE COMMODITY, BUT A CREDENTIAL IS -- THIS CONCEPT CHARACTERIZES THE SHIFT FROM TRADITIONAL TO MODERN EDUCATION

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 5-6
	 My argument throughout these chapters is that the educational conditions that supported intense meritocratic competition, high academic standards, and social exclusivity in nineteenthcentury schooling are no longer present. Secondary education was once a scarce commodity that could be doled out selectively and treasured as a form of social distinction, but this is no longer the case. Universal compulsory attendance has transformed the conditions under which schools can operate, and the result is a system that has become increasingly inclusive and egalitarian. Ironically, the success of efforts to extend educational opportunity to the whole population has undermined the elite status that education once conferred on the graduate and that served as a major impetus for the pursuit of educational opportunity in the first place. Under these irrevocably altered conditions, attempts to recapture the ``glory days`` of public education -when schools set high standards and only a few made the grade - are certain to be in vain. The consequences of this quixotic quest are predictably disastrous for both students and schools.

LINKS: FOCUS ON ``GETTING AHEAD`` AND ``GETTING A DEGREE``

TOO MUCH ATTENTION ON USING SCHOOLS TO ``GET AHEAD`` DAMAGES THE ABILITY TO ``GET AN EDUCATION``

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 250
	In U.S. schools the relentless urge to get ahead has undermined the opportunity to get an education. The preceding chapters have shown some of the ways that the private pursuit of personal advantage has reshaped the structure of public schooling. Market pressures have elevated private interests over the public interest in education, with the result that schooling has come to serve the competitive needs of the most ambitious and culturally advantaged educational consumers (for a leg up on the opposition) more than the substantive needs of society as a whole (for capable citizenship and competent workmanship). Consumer demand for credentials -and the economic leverage they bring -has compelled the educational system to assume a highly stratified form. The system has become better at creating invidious distinctions among students than at providing them with the political and social capacities required for a healthy society. In such a system, educational placement - in the right school, the right college, the right program -is more important than educational performance, and learning to work the system well is more important than learning to do the curriculum well. This is a system, in short, that puts a premium on the acquisition of educational credentials over the mastery of educational content.

SOCIAL MOBILITY FOCUS FOR EDUCATION LEADS TOCREDENTIALISM IDEOLOGY, AND IS THEREFORE COUNTER PRODUCTIVE

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p.32
	Consider the effects of all this on education. When students at all levels see education through the lens of social mobility, they quickly conclude that what matters most is not the knowledge they attain in school but the credentials they acquire there. Grades, credits, and degrees -these become the objects to be pursued. The end result is to reify the formal markers of education and displace the substantive content. Students learn to do what it takes to acquire the necessary credentials, a process that may involve learning some of the subject matter (at least whatever is likely to be on the next test) but also may not. After all, if exchange value is key, then it makes sense to work at acquiring the maximum number of markers for the minimum investment of time, money, and intellectual energy. The payoff for a particular credential is the same no matter how it was acquired, so it is rational behavior to try to strike a good bargain, to work at gaining a diploma, like a car, at a substantial discount. The effect on education is to emphasize form over content-to promote an educational system that is willing to reward students for formal compliance with modest performance requirements rather than for demonstrating operational mastery of skills deemed politically and socially useful .

FOCUSING ON EDUCATION AS A WAY FOR INDIVIDUALS TO GET AHEAD CREATES CREDENTIALS AS THE GOAL, NOT EDUCATION

DAVID LABAREE, Prof. Education Michigan State Univ., 1997 HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 2
	What I mean to show Is that the pursuit of individual advantage has come to exert an increasingly powerful effect on education in the United States, and that in the process private purposes have undermined the ability of the public schools to serve the public interest. When education is seen primarily as a private consumer good -a mechanism for getting ahead or for preserving existing advantage - a series of consequences naturally follow. Formal characteristics of schooling - such as grades, credits, and degrees - come to assume greater weight than substantive characteristics, as pursuing these badges of merit becomes more important than actually learning anything along the way The educational system begins to assume a sharply hierarchical shape in order to provide some students with ways to raise themselves above the crowd and others with ways to fall and exit the system early. Teaching takes a back seat to the more socially salient task of sorting, and grading becomes more important for its social consequences than for its pedagogical uses. Educational institutions find themselves located in a hierarchy of their own, forced to compete with other institutions for position in order to enhance the marketability of their credentials to socially mobile consumers. Under these conditions schooling takes precedence over education, and the private benefits of this schooling take precedence over the public benefits.

VIEWING EDUCATION AS A COMMODITY GUARANTEES THAT SOCIAL MOBILITY GOALS WILL PREDOMINATE

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 252
	By redefining education as a commodity whose acquisition can help individuals get ahead of the pack, market pressures have led to the reconstruction of the educational system in the service of a private pursuit of individual advantage. This reconstruction around the goal of social mobility is far from complete, and it has been hotly contested over the years by supporters of competing educational goals, who argue for an educational system that serves to promote social efficiency and/or democratic equality. But as I have tried to show, in one context after another the influence of this private perspective on U.S. education has been profound.

CREDENTIALISM CREATES THE HARMFUL CONCEPTION OF KNOWLEDGE AND LEARNING AS A COMMODITY

EDUCATION AS PRIVATE ADVANTAGE APPROACH FUELS EMPTY CONSUMERIST APPROACH TO KNOWLEDGE

Theodore R. Mitchell. Vice Chancellor, University of California-Los Angeles, March 1, 1998; Change; Pg. 56; HEADLINE: How to Succeed in the School Without Really Learning: The Credentials Race in American Education // acs-VT2000
	The negative impacts of the pursuit of education for private advantage are twofold. First, as Labaree points out, it has supported the development of consumerism among parents and students who shop for (and push for) vehicles of mobility within the educational sector. Labaree returns to Central High to demonstrate in fine-grained detail the consumer-driven shift from the rigid meritocratic system that dominated the school`s early years to a more open curriculum in which students found multiple pathways to their diplomas. In the process, ``the exchange value of credentials began to diverge from the learning that went into acquiring them.`` 

MOVES TOWARDS TEACHER PROFESSIONALIZATION WILL BE COUNTERPRODUCTIVE BECAUSE OF CREDENTIALISM`S IMPACT ON THE SYSTEM

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 P. 9
	In Chapter 6, I argue that the teacher professionalization movement - launched in 1986 with reports from the Carnegie Task Force on Teaching as a Profession and the Holmes Group -is likely to have a negative impact on American education and on the teachers, students, and citizens who have a stake in having this institution carry out its goals effectively. I suggest that the movement will inadvertently promote two effects that are not in the best interests of democratic education - augmenting the influence of the university over primary and secondary schooling (by reinforcing the authority of those who teach teachers), and accelerating the rationalization of classroom instruction (by reinforcing a research-based model of teaching practice). This conclusion is based in part on the movement`s appeal to the cultural ideal of professionalism, whose historical baggage weighs in on the side of expert authority and technical rationality. But in larger part it rests on an analysis of the historical roots of this particular professionalization movement. According to this analysis, the movement derives its character and direction from the professional interests of the group of people leading the movement (researchoriented teacher educators) and the intellectual constructs that guide their thinking about schools (formal rationality and the scientific method). This combination of factors produces a university-centered and research-based movement likely to produce two undesirable outcomes: to promote the rationalization of teaching and to reduce the influence of teachers and citizens on schools.

THE PROBLEM WITH EDUCATION IS NOT STUDENTS, PARENTS, OR STANDARDS, BUT OUR WILLINGNESS TO ACCEPT THE EDUCATION AS COMMODITY CONCEPT

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 252-253
	 This analysis suggests that the primary problem with education in the United States is not unmotivated students, uncaring parents, and undemanding standards (as Steinberg would have it) but something more fundamental -our unwillingness as a society to defend the public interest in education against the encroachments of individual consumers who seek to exploit the system for private benefit. The market forces that so powerfully shape the nation`s economic and social life -encouraging the individual pursuit of competitive advantage -have been working to turn education, too, into a form of private property, thereby making credentials the object rather than the byproduct of educational achievement.

SOCIAL MOBILITY AS A GOAL OF EDUCATION WRONGLY UNDERSTANDS EDUCATION AS AN EXCHANGE VALUE (CREDENTIALS) AS OPPOSED TO A USE VALUE (KNOWLEDGE)

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 31
	Another major impact of the social mobility goal on education derives from the way it treats education as a form of exchange value. For the other two goals, education is a form of use value: the citizen and the taxpayer (or employer) place value on education because they consider the content of what is learned there to be intrinsically useful. Both look on education as providing students with a useful array of competencies that are required either for constructive citizenship in a democratic society (democratic equality) or for productive work in a market society (social efficiency). From the perspective of social mobility, however, the value of education is not intrinsic but extrinsic. The primary aim is to exchange one`s education for something more substantial - namely a job, which will provide the holder with a comfortable standard of living, financial security, social power, and cultural prestige.

CREDENTIALISM DAMAGES THE ENTIRE EDUCATION SYSTEM

SOCIAL MOBILITY FOCUS IS THE REAL CAUSE OF THE FAILURE OF AMERICAN SCHOOLS

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 45
	A large number of recent reports and studies point to the relatively low level of academic achievement registered by contemporary students in the United States. These writers explicitly or implicitly blame a wide variety of factors for this problem: undereducated and underskilled teachers; distracted, spoiled, and unmotivated students; an educational organization clogged with politics, bureaucracy, and unionism; and an unchallenging, watered-down curriculum. But it is more valid to point the finger at a powerful purpose for schooling that is at core antieducational. By structuring schooling around the goal of social mobility, Americans have succeeded in producing students who are well schooled and poorly educated. The system teaches them to master the forms and not the content.

CREDENTIALISM IS COUNTER-PRODUCTIVE FOR BOTH EDUCATION AND SOCIETY

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 50
	Conflicting goals for education can produce a contradictory and compromised structure for educational institutions that sharply impairs their effectiveness. These goals can also-through the medium of the consumerdriven mobility goal that plays such a key role in this compromised structure - lead to a kind of credentialism that is strikingly counterproductive for both education and society. The fact that educational goals are in conflict, however, is not in itself an unmanageable problem, but we cannot realistically escape it by simply choosing one goal and ditching the others. Any healthy society needs an educational system that helps to produce good citizens, good workers, and good social opportunities. Preparing young people to enter into full involvement in a complex society is itself a complex task that necessarily requires educators to balance a variety of competing concerns, and the educational institutions that result from this effort necessarily are going to embody these tensions.

THE BIGGEST THREAT TO THE EDUCATIONAL SYSTEM IS THE DOMINANCE OF THE SOCIAL MOBILITY GOAL AND RESULTANT CREDENTIALISM

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 D. 51
	But the biggest problem facing U.S. schools is not the conflict, contradiction, and compromise that arise from trying to keep a balance among educational goals. Instead, the main threat comes from the growing dominance of the social mobility goal over the others. Although this goal (in coalition with the democratic equality goal) has been a major factor in motivating a progressive politics of education over the years, the increasing hegemony of the mobility goal and its narrowly consumer-based approach to education has led to the reconceptualization of education as a purely private good.

THE MYTH OF EXPANDING EDUCATIONAL ACCESS AT HIGHER LEVELS HAS ONLY RESULTED IN LOSS OF BOTH EFFICIENCY AND MOBILITY GOALS OF EDUCATION

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 46
	The mobility and efficiency goals for education have pushed the common school goal of democratic equality into a corner of the American schoolroom. Citizenship has largely given way to self-interest and economic necessity, and equal treatment has succumbed to the powerful pressure (from both consumers and employers) for educational stratification. The only component of the political purposes of schooling that still exerts an undiminished influence on the schools is the ideal of equal access. The expansive political hopes of the common schoolmen over the years have become lodged in this part of the original dream. Yet the influence of this remaining hope on the schools has proven to be substantial, and this influence is perhaps most visible in the way it has undermined the effectiveness of schools in promoting either mobility or efficiency.

FOCUS ON SOCIAL MOBILITY IS DOING MORE HARM THAN GOOD TO AMERICAN EDUCATION

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 P. 1
	In this book, however, I argue that it is time to consider whether the connection between schooling and social mobility is doing more harm than good. I show that the process of getting ahead often interferes with getting an education, and that the process of getting an education frequently makes it harder to get ahead. My aim is not to make the familiar - and generally valid point that education grants its benefits disproportionately to those who are socially privileged. That argument naturally leads to the conclusion that we need to remake the educational system around a purer model of individual competitive achievement. My approach leads in quite a different direction. Instead of arguing that we need to make education into a more equitable mechanism for getting ahead, I argue that we need to back away from the whole idea that getting ahead should be the central goal of education.

CREDENTIALISM LEADS TO INCREASED SOCIAL INEQUALITY

CREDENTIALIST RACE IS NOT FAIR, AS THOSE IN A HIGHER CLASS INEVITABLY WIN OUT

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 260
	In both of these market competitions, however, one for acquiring the credential and the other for cashing it in, higher class position provid es a significant competitive edge. The economic, cultural, and social capital that comes with higher class standing gives the bearer an advantage in getting into college, in doing well at college, and in translating college credentials into desirable social outcomes. The market-based competition that characterizes the acquisition and disposition of educational credentials gives the process a meritocratic set of possibilities, but the influence of class on this competition gives it a socially reproductive set of probabilities as well. The danger is that, as a result, a credential- driven system of education can provide meritocratic cover for socially reproductive outcomes. In the single-minded pursuit of educational credentials, both student consumers and the society that supports them can lose sight of an all-too-predIctable pattern of outcomes that is masked by the headlong rush for the academic gold.

CONSUMER-DRIVEN CREDENTIALISM REINFORCES SOCIAL INEQUALITIES

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 259-260 
	A third problem  posed by consumer-driven credentialism is the way it  reinforces social inequality under the guise of expanding educational oppor tunity. The opportunity is real enough, as far as it goes, for the connection between social class and education is neither as direct nor as automatic as social reproduction theory suggests. Market forces mediate between the class position of students and their access to and success within the educational system. That is, there is a general competition for admission to institutions of higher education and for levels of achievement within these institutions. Class advantage is no guarantee of success in this competition because such factors as individual ability, motivation, and luck all play a part in determining the result. Market forces also mediate between educational attainment (the ac quisition of credentials) and social attainment (the acquisition of a social position). Some college degrees are worth more in the credentials market than others, and they provide privileged access to higher-level positions indepen dent of the class origins of the credential holder.

SCHOOLING DOES NOT CREATE SOCIAL MOBILITY

Ian Lister, Department of Education at the University of York (England), 1974; DESCHOOLING, ``The Challenge of Deschooling,`` EE2000-hxm p. 8
	The reality is that only a small minority escape`: whereas some escaped before by becoming priests, several now escape by becoming schoolmasters. Some of these reinforce the system, believing it to be good because they succeeded through it, and believing it to be a significant instrument of social mobility  because of their own mobility. Sometimes they are even more conservative than schoolmasters from the middle or upper strata of society.

CLASS RANKS CREATE ELITISM AMONG STUDENTSAND HURTS THE ARTS

Diane Brockett, Staff Writer, 1996, SCHOOL BOARD NEWS ``Should we Drop Class Rankings``Hee2000-Sj pg. 37
	Officials at Northern Highlands Regional High School, in Allendale, New Jersey, found that student ranking created a ``frenzy`` and a sense of ``elitism`` among students. Course selection, too often, was guided by class ranking, not student interest. As a result, the fine arts and performing arts were de-emphasized.

THE MARKET FOR DISTRIBUTING CREDENTIALS TO STUDENTS IS REMARKABLY INEFFICIENT - IT IS A PUBLIC SUBSIDY FOR PRIVATE AMBITION

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 258
	One major problem is that focusing on selling credentials to consumers is astonishingly inefficient. Education is the largest single public investment made by most modern societies, and this investment is justified on the grounds that it provides a critically important contribution to the collective welfare. The public value of education is usually calculated as some combination of two types of benefits, the preparation of capable citizens (the political benefit) and the training of productive workers (the economic benefit). However the argument I have advanced in this book suggests that these public benefits are not necessarily being met and that the primary beneficiaries are in fact private individuals. From this perspective, higher education (and the educational system more generally) exists largely as a mechanism for providing individuals with a cultural commodity that will give them a competitive advantage in the pursuit of social position, In short, education becomes little but a vast public subsidy for private ambition.

CREDENTIALISM DESTROYS LEARNING

DEFINING THE DIPLOMA IN ECONOMIC TERMS ONLY EDUCATION WILL DETERIORATE

Peter Schrag, Sacramento Bee May 19, 1999, Pg. B7 HEADLINE: COMMENCEMENT: WHAT DOES THE DIPLOMA MEAN? // acs-VT2000
	The cliche-emblem of school failure -- that the schools are graduating students who can`t read, write or do math -- has evolved into the ultimate school standard and the accepted criterion for graduation. It`s not enough. 
The defenders of such criteria argue passionately that the three R`s are the least one should be able to expect. But if the repeated emphasis on that expectation implies that we`re asking for nothing more, the battle will be lost once again. If the diploma is defined only in economic terms, or only in terms of reading and math, education will get thinner and thinner. 

CREDENTIALISM PROMOTES DEGREES OVER KNOWLEDGE, REAL LEARNING BECOMES SECONDARY

Theodore R. Mitchell. Vice Chancellor, University of California-Los Angeles, March 1, 1998; Change; Pg. 56; HEADLINE: How to Succeed in the School Without Really Learning: The Credentials Race in American Education // acs-VT2000
	This, then, Labaree notes, is the crux of the credentialing phenomenon: ``When students at all levels see education through the lens of social mobility, they quickly conclude that what matters most is not the knowledge they attain in school but the credentials they acquire there.`` For their teachers, the need to set and hold to high standards is swamped by a market in which there is enormous pressure, downward pressure, for the production of credentials. 

CREDENTIALISM DAMAGES LEARNING AND CREATES ANTI INTELLECTUALISM

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 259
	A second major problem is that credentialism undercuts learning. In both college and high school, students are all too well aware that their mission is to do whatever it takes to acquire a diploma, which they can cash in on what really matters-a good job. This assumption has the effect of reifying the formal markers of academic progress -grades, credits, and degrees -and encouraging students to focus their attention on accumulating these badges of merit for the exchange value they offer. That strategy means directing attention away from the substance of education, reducing student motivation to learn the knowledge and skills that constitute the core of the educational curriculum. Under such conditions, it is quite rational, even if educationally destructive, for students to seek to acquire their badges of merit at a minimum academic cost, to gain the highest grade with the minimum amount of learning. This perspective is almost perfectly captured by a common student question, one that sends chills down the back of the learningcentered teacher but that makes perfect sense for the credential -oriented student: ``Is this going to be on the test? `` We have credentialism to thank for the aversion to learning that, to a great extent, lies at the heart of our educational system. This aversion is further exacerbated by the problem of credential inflation, which continually undercuts the exchange value of a given level of credentials and therefore reinforces the consumer`s sense that these credentials are not worth a substantial investment of time and effort.

CREDENTIAL INFLATION (ASKING FOR HIGHER AND HIGHER LEVELS OF DEGREES) DAMAGES STUDENT LEARNING

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 P. 50
	Credential inflation affects schools by undermining the incentive for students to learn. The social mobility purpose has already reduced this incentive by making credentials a more important acquisition for students than knowledge and skills. But the devaluation of these credentials then makes it seem like a waste to expend even the minimal effort required to pursue surrogate learning and the acquisition of grades, credits, and diplomas. Credential inflation also affects the larger society. It promotes a futile scramble for higher-level credentials, which is very costly in terms of time and money and which produces little economic benefit. Yet because the effect of putting a lid on this inflation would be to stifle opportunities for social mobility, the political will to implement this ultimate solution to the problem is unlikely to emerge. Instead, the credentials market continues to carry on in a manner that is individually rational and collectively irrational, faithfully reflecting the contradictory purposes that Americans have loaded onto schools and society alike.

CREDENTIALISM DAMAGES STUDENT MOTIVATION TO LEARN

STUDENT ARE MOTIVATED TO DO WHAT HELPS THEIR CAREERS, NOT MOTIVATED BY A GENUINE DESIRE TO LEARN

Theodore R. Mitchell. Vice Chancellor, University of California-Los Angeles, March 1, 1998; Change; Pg. 56; HEADLINE: How to Succeed in the School Without Really Learning: The Credentials Race in American Education // acs-VT2000
	Apathy implies general disregard, yet students do care about things, especially their own futures. The survey found that while students may be less motivated by a ``love of learning,`` they remain motivated to pursue ``academic credentials.`` According to Sax, ``(w)hile students` level of involvement in their studies is down, they realize they need to be successful in college in order to remain competitive for graduate school admissions.`` The same students who sleep through classes know they need to keep a ``B`` average or better to get into graduate or professional school or in line for a good job. The same students who report doing no more than six hours of homework a week are the very ones who know precisely which majors are recruited most heavily and at what salary level. 

SEEING EDUCATION AS AN EXCHANGE VALUE AS OPPOSED TO SEEING IT AS A USE VALUE CAUSES LACK OF STUDENT MOTIVATION TO LEARN

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 251
	What Steinberg is saying, in effect, is that the key determinant of student engagement in schooling is the exchange value of education rather than its usevalue, because the primary goal of pursuing an education has become the acquisition of educational credentials -symbolic goods, such as grades, credits, and degrees - rather than the acquisition of useful skills and knowledge. 

STUDENTS ARE DISENGAGED FROM EDUCATION NOW BECAUSE THEY ARE MOTIVATED BY SOCIAL MOBILITY FACTORS, NOT AN INTRINSIC INTEREST IN KNOWLEDGE

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 251
	Under these circumstances, it is hardly surprising that so many observers find that American students are remarkably disengaged from the educational process.` In a recent book Laurence Steinberg identifies student disengagement as the central problem facing education in the United States. Drawing on a study of twenty thousand high school students, he concludes: ``An extremely high proportion of American high school students do not take school, or their studies, seriously.  The root of the problem, he says, is in the kind of rewards that schools have available to them to motivate academic effort:
Most of the time, what keeps students going in school is not intrinsic motivation - motivation derived from the process of learning itself - but extrinsic motivation -motivation that comes from the real or perceived consequences associated with success or failure, whether these consequences are immediate (in the form of grades, the reactions of parents, or the responses of friends) or delayed (in the form of anticipated impact in other educational settings or in the adult world of work).
	Over the course of their educational careers, students are increasingly exposed to extrinsic rewards for schoolwork.

LABAREE`S ANALYSIS OF CREDENTIALISM IS CORRECT

LABAREE`S CRITIQUE OF CREDENTIALISM IS VERY PERSUASIVE AND WELL MADE

Theodore R. Mitchell. Vice Chancellor, University of California-Los Angeles, March 1, 1998; Change; Pg. 56; HEADLINE: How to Succeed in the School Without Really Learning: The Credentials Race in American Education // acs-VT2000
	Labaree`s argument is well made and persuasive; his historical examples are especially telling. Labaree is a good guide, nuanced and careful, through the thicket of alternative sociological theories that would explain the rise of credentialism. He resists temptations to dismiss ideas different from his own and instead builds off of their strengths. 

LABAREE`S ANALYSIS OF SOCIAL MOBILITY VS. OTHER GOALS OF EDUCATION IS A VALUABLE PUBLIC SERVICE

Theodore R. Mitchell. Vice Chancellor, University of California-Los Angeles, March 1, 1998; Change; Pg. 56; HEADLINE: How to Succeed in the School Without Really Learning: The Credentials Race in American Education // acs-VT2000
	Labaree has done a wonderful service. He has unpacked the multiple goal structure of American education and allowed us to see one of the most positive attributes of our schools, their ability to sponsor social mobility, as a problem. His explication of the paradox of social mobility sets this book apart and makes it required reading for all of us concerned not only with the rising tide of apathy among our students but with the public purposes of education itself.

CRITIQUE OF WORK

page		Argument

309		Shell
310		Work definition and history
311		Links
312		Impacts: work kills millions
313		Impact: work is slavery
314		Impact: destroys freedom
315		Impact: degrades all social 						relations
316		Impact: ecological disasters and 				loss of creativity
317		Solvency: we can transition to a 				world without work
322		Answers

 SHELL - WORK CRITIQUE

A. SUCCESSFUL SCHOOLS FEED THE AMERICAN WORK MACHINE

LORETTA BRUNIOUS, 1998; HOW BLACK ADOLSCENTS SOCIALLY CONSTRUCT REALITY, p. 26 // acs-VT2000
	(School`s) clandestine role in capitalist America is to reproduce the social order which includes a hierarchical working genre. In their view (Bowles & Gintis) books written on education are also about politics and schools relfect the limits and promise of society. They charge that ``the people production process in the workplace and in schools is dominated by the imperatives of profit and domination rather than by human need.``

B. WE SHOULD END EMPLOYMENT

Bob Black, the abolition of work, 1992, FringeWare Review,  01:25 Bob Black, PO Box 2159, Albany, NY 12220; http://www-personal.usyd.edu.au/~sfraser/cat/dwu/ // acs
	Liberals say we should end employment discrimination. I say we should end employment. Conservatives support right-to-work laws. Following Karl Marx`s wayward son-in-law Paul Lafargue, I support the right to be lazy. Leftists favor full employment. Like the surrealists -- except that I`m not kidding -- I favor full unemployment. Trotskyists agitate for permanent revolution. I agitate for permanent revelry.

C. HARMS OF WORK

1. THE DISCIPLINE OF THE WORKPLACE IS AS OPPRESSIVE AS THE DISCIPLINE OF THE PRISON AND MENTAL HOSPITAL -- AND REINFORCES OPPRESSION IN ALL OF SOCIETY

Bob Black, the abolition of work, 1992, FringeWare Review,  01:25 Bob Black, PO Box 2159, Albany, NY 12220; http://www-personal.usyd.edu.au/~sfraser/cat/dwu/ // acs
	The degradation which most workers experience on the job is the sum of assorted indignities which can be denominated as ``discipline.`` Foucault has complexified this phenomenon but it is simple enough. Discipline consists of the totality of totalitarian controls at the workplace -- surveillance, rote-work, imposed work tempos, production quotas, punching-in and -out, etc. Discipline is what the factory and the office and the store share with the prison and the school and the mental hospital. It is something historically original and horrible. It was beyond the capacities of such demonic dictators of yore as Nero and Genghis Khan and Ivan the terrible. For all their bad intentions, they just didn`t have the machinery to control their subjects as thoroughly as modern despots do. Discipline is the distinctively diabolical modern mode of control, it is an innovative intrusion which must be interdicted at the earliest opportunity. 

2. ENDING WORK WOULD UNLEASH CREATIVITY AND CRUSH THE LINCHPIN OF MODERN SEXISM

L. Susan Brown, Ph.D. from the University of Toronto, 1993; Does Work Really Work? Kick It Over #35 // acs
	Bob Black has it right when he proclaims that ``no one should ever work.``(6) Who knows what kinds of creative activity would be unleashed if only we were free to do what we desired? What sorts of social organizations would we fashion if we were not stifled day in and day out by drudgery? For example, what would a woman`s day look like if we abolished the wage system and replaced it with free and voluntary activity? Bob Black argues that ``by abolishing wage-labor and achieving full unemployment we undermine the sexual division of labor,``(7) which is the linchpin of modern sexism. What would a world look like that encouraged people to be creative and self-directed, that celebrated enjoyment and fulfillment? What would be the consequences of living in a world where, if you met someone new and were asked what you did, you could joyfully reply ``this, that and the other thing`` instead of ``nothing?`` Such is the world we deserve. 

3. END OF WORK WOULD END MILITARISM, AS WELL AS THE ENVIRONMENTAL AND ENERGY CRISES

Bob Black, the abolition of work, 1992, FringeWare Review,  01:25 Bob Black, PO Box 2159, Albany, NY 12220; http://www-personal.usyd.edu.au/~sfraser/cat/dwu/ // acs
	Next we can take a meat-cleaver to production work itself. No more war production, nuclear power, junk food, feminine hygiene deodorant -- and above all, no more auto industry to speak of. An occasional Stanley Steamer or Model T might be alright, but the auto-eroticism on which such pest-holes as Detroit and Los Angeles depend is out of the question. Already, without even trying, we`ve virtually solved the energy crisis, the environmental crisis and assorted other insoluble social problems. 

D. TRANSITION TO A NON-WORK ALTERNATIVE IS FEASIBLE -- WORK AS AN INSTITUTION CAN FALL JUST LIKE COMMUNISM DID

Bob Black, 1992; No Future for the workplace, From Friendly Fire, 1992 (Autonomedia, POB 568 Williamsburgh Station, Brooklyn, New York 1211-0568).  // acs
	The democracy movements worldwide have swept away the small fry. The only enemy is the common enemy. The workplace is the last bastion of authoritarian coercion. Disenchantment with work runs as deeply here as disenchantment with Communism: in the East. Indeed many were not all that enchanted to begin with. Why did they submit? Why do we?

WORK: DEFINITION AND HISTORY

DEFINITION OF WORK

Bob Black, the abolition of work, 1992, FringeWare Review,  01:25 Bob Black, PO Box 2159, Albany, NY 12220; http://www-personal.usyd.edu.au/~sfraser/cat/dwu/ // acs
	I am not playing definitional games with anybody. When I say I want to abolish work, I mean just what I say, but I want to say what I mean by defining my terms in non-idiosyncratic ways. My minimum definition of work is forced labor, that is, compulsory production. Both elements are essential. Work is production enforced by economic or political means, by the carrot or the stick. (The carrot is just the stick by other means.) But not all creation is work. Work is never done for its own sake, it`s done on account of some product or output that the worker (or, more often, somebody else) gets out of it. This is what work necessarily is. To define it is to despise it. But work is usually even worse than its definition decrees. The dynamic of domination intrinsic to work tends over time toward elaboration. In advanced work-riddled societies, including all industrial societies whether capitalist or ``communist,`` work invariably acquires other attributes which accentuate its obnoxiousness. 

THE INSTITUTION OF WORK IS A RECENT INVENTION, MOST OF HISTORY INVOLVED PRAISE OF LEISURE

Leisure Party, 1999; Beyond the Work Ethic http://freespace.virgin.net/sarah.peter.nelson/menu3a.html // acs
	This obsession with work is a very recent phenomenon in our history, and dates from the post war period. In the past people worked because they had to not because they wanted to and the ideal was to be a gentleman of leisure, a word taken from the Middle English `leisour` meaning freedom or opportunity. Aristotle believed the main purpose of life was the proper use of leisure by self-development through education, contemplation, philosophy, music and sport. In his Utopia Thomas More set aside several hours a day of leisure to be spent reading, playing games like chess, attending lectures, holding conversations and listening to music. Thackeray in the nineteenth century wrote of the ``leisure, independence and high ideals`` that propelled Britain to its cultural heights. Bertrand Russel wrote in The Conquest of Happiness ``To be able to fill leisure intelligently is the last product of civilisation``. 

LINKS TO WORK

HIGH SCHOOL GRADUATION IS THE KEY TO THE WORLD OF WORK

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING, p. 259 // acs-VT2000
	(S)tudents are all too well aware that their mission is to do whatevcer it takes to acquire a diploma, which they cash in on what really matters -- a good job.

CREDENTIALISM IS THE MECHANISM THROUGH WHICH INDIVIDUALS ARE FUNNELED INTO REPRESSIVE SYSTEMS OF WORK

DAVID LABAREE, Prof. Education Michigan State Univ., 1997; HOW TO SUCCEED IN SCHOOL WITHOUT REALLY LEARNING: the credentials race in American education // acs-VT2000 p. 49
	If the social mobility goal holds the crucial middle ground between two opposing purposes for schools, then the credentials market holds the middle ground between two institutions (school and work) that reflect these crosspurposes. In spite of its involvement in the reproduction of inequality, education still represents the political hopes of Americans who see a higher purpose to social life than the achievement of social efficiency. As Carnoy and Levin have pointed out, schools continue to provide Americans with a social experience that is markedly more egalitarian and more open to free choice and Possibilities of self-realization than anything that is available to them in the realm of work. The credentials market, then, necessarily becomes the place where the aspirations raised by education meet the cold reality of socioeconomic limits, where high educational attainment confronts the modest possibilities for status attainment.

BETTER RELATIONSHIP BETWEEN EMPLOYER AND EMPLOYEE SOLIDIFIES WAGE SLAVERY

L. Susan Brown, Ph.D. from the University of Toronto, 1993; Does Work Really Work? Kick It Over #35 // acs
	Terms like ``master`` and ``slave`` are not often used when describing the employment contract within capitalist market relations; however, this does not mean that such terms don`t apply. By avoiding such terms and instead insisting that the employment contract is fair, equitable and based on the worker`s freedom to sell his or her labour power, the system itself appears fair, equitable and free. One problem with misidentifying the true nature of the employee/employer relationship is that workers experience work as slavery at the same time that they buy into it ideologically. 

IMPACT: WORK IS THE GREATEST SOURCE OF HUMAN MISERY

WORK IS THE WORLD`S GREATEST SOURCE OF MISERY

Bob Black, the abolition of work, 1992, FringeWare Review,  01:25 Bob Black, PO Box 2159, Albany, NY 12220; http://www-personal.usyd.edu.au/~sfraser/cat/dwu/ // acs
	Work is the source of nearly all misery in the world. Almost any evil you`d care to mention comes from working or from living in a world designed for work. In order to stop suffering, we have to stop working. 

IMPACT: END OF SEXUAL OPPRESSION LINKED TO WORK

END OF WORK WILL LIBERATE HOUSEWIVES AND END SEXUAL DISCRIMINATION IN LABOR

Bob Black, the abolition of work, 1992, FringeWare Review,  01:25 Bob Black, PO Box 2159, Albany, NY 12220; http://www-personal.usyd.edu.au/~sfraser/cat/dwu/ // acs
	Finally, we must do away with far and away the largest occupation, the one with the longest hours, the lowest pay and some of the most tedious tasks. I refer to housewives doing housework and child-rearing. By abolishing wage-labor and achieving full unemployment we undermine the sexual division of labor. The nuclear family as we know it is an inevitable adaptation to the division of labor imposed by modern wage-work. Like it or not, as things have been for the last century or two, it is economically rational for the man to bring home the bacon, for the woman to do the shitwork and provide him with a haven in a heartless world, and for the children to be marched off to youth concentration camps called ``schools,`` primarily to keep them out of mom`s hair but still under control, and incidentally to acquire the habits of obedience and punctuality so necessary for workers. If you would be rid of patriarchy, be rid of the nuclear family whose unpaid ``shadow work,`` as Ivan Illich says, makes possible the work system that makes it necessary.

IMPACT: WORK KILLS MILLIONS -- IT IS MURDER & GENOCIDE

WORK AND THE LIFE PATTERNS IT DEMANDS CREATE MURDER AND GENOCIDE

Bob Black, the abolition of work, 1992, FringeWare Review,  01:25 Bob Black, PO Box 2159, Albany, NY 12220; http://www-personal.usyd.edu.au/~sfraser/cat/dwu/ // acs
	If these objections, informed by a love of liberty, fail to persuade humanists of a utilitarian or even paternalist turn, there are others which they cannot disregard. Work is hazardous to your health, to borrow a book title. In fact, work is mass murder or genocide. Directly or indirectly, work will kill most of the people who read these words. Between 14,000 and 25,000 workers are killed annually in this country on the job. Over two million are disabled. Twenty to 25 million are injured every year. And these figures are based on a very conservative estimation of what constitutes a work-related injury. Thus they don`t count the half-million cases of occupational disease every year. I looked at one medical textbook on occupational diseases which was 1,200 pages long. Even this barely scratches the surface. The available statistics count the obvious cases like the 100,000 miners who have black lung disease, of whom 4,000 die every year. What the statistics don`t show is that tens of millions of people have their lifespans shortened by work -- which is all that homicide means, after all. Consider the doctors who work themselves to death in their late 50`s. Consider all the other workaholics. 
Even if you aren`t killed or crippled while actually working, you very well might be while going to work, coming from work, looking for work, or trying to forget about work. The vast majority of victims of the automobile are either doing one of these two work-obligatory activities or else fall afoul of those who do them. To this augmented body-count must be added the victims of auto-industrial pollution and work-induced alcoholism and drug addiction. Both cancer and heart disease are modern afflictions normally traceable, directly or indirectly, to work. 

WORK KILLS AMERICANS -- WE EXTERMINATE OURSELVES MORE EFFECTIVELY THAN THE CAMBODIANS DID IN THE KILLING FIELDS

Bob Black, the abolition of work, 1992, FringeWare Review,  01:25 Bob Black, PO Box 2159, Albany, NY 12220; http://www-personal.usyd.edu.au/~sfraser/cat/dwu/ // acs
	Work, then, institutionalizes homicide as a way of life. People think the Cambodians were crazy for exterminating themselves, but are we any different? The Pol Pot regime at least had a vision, however blurred, of an egalitarian society. We kill people in the six-figure range (at least) in order to sell Big Mac and Cadillacs to the survivors. Our forty or fifty thousand annual hiway fatalities are victims, not martyrs. They died for nothing -- or rather, they died for work. But work is nothing to die for. 

IMPACT: WORK IS PART-TIME SLAVERY

THE DIFFERENCE BETWEEN SLAVERY AND WAGE WORK IS THE DIFFERENCE BETWEEN FULL AND PART TIME SLAVERY

L. Susan Brown, Ph.D. from the University of Toronto, 1993; Does Work Really Work? Kick It Over #35 // acs
	What is a slave? A slave is commonly regarded as a person who is the legal property of another and is bound to absolute obedience. The legal lie that is created when we speak of a worker`s capacity to sell property in the person without alienating her or his will allows us to maintain the false distinction between a worker and a slave. A worker must work according to the will of another. A worker must obey the boss, or ultimately lose the job. The control the employer has over the employee at work is absolute, There is in the end no negotiation -- you do it the boss` way or you hit the highway. It is ludicrous to believe that it is possible to separate out and sell ``property in the person`` while maintaining human integrity. To sell one`s labour power on the market is to enter into a relationship of subordination with one`s employer -- it is to become a slave to the employer/master. The only major differences between a slave and a worker is that a worker is only a slave at work while a slave is a slave twenty-four hours a day, and slaves know that they are slaves, while most workers do not think of themselves in such terms.

THE WORK ETHIC IS THE ETHIC OF THE SERF AND SLAVE

Leisure Party, 1999; Beyond the Work Ethic http://freespace.virgin.net/sarah.peter.nelson/menu3a.html // acs
	The work ethic is the ethic of the slave, the drudge, the drone, the serf, the helot, the peasant, invented by his master to keep his nose to the grindstone. Having been born and bred for centuries to be a beast of burden, the working man is at a loss to know what else to do with his time. Even his leisure hours he has to fill with work, thus perversely making the leisure industry the biggest in the world. The superior man seeks a life of leisure and freedom from the tedium of work which he leaves to donkeys who have nothing better to do with their time. 

WORKERS ARE PART-TIME SLAVES, AND THEN RAISE THEIR CHILDREN TO BE THE SAME

Bob Black, the abolition of work, 1992, FringeWare Review,  01:25 Bob Black, PO Box 2159, Albany, NY 12220; http://www-personal.usyd.edu.au/~sfraser/cat/dwu/ // acs
	A worker is a part-time slave. The boss says when to show up, when to leave and what to do in the meantime. He tells you how much work to do and how fast. He is free to carry his control to humiliating extremes, regulating, if he feels like it, the clothes you wear or how often you go to the bathroom. With a few exceptions he can fire you for any reason, or no reason. He has you spied on by snitches and supervisors, he amasses a dossier on every employee. Talking back is called ``insubordination,`` just as if a worker is a naughty child, and it not only gets you fired, it disqualifies you for unemployment compensation. Without necessarily endorsing it for them either, it is noteworthy that children at home and in school receive much the same treatment, justified in their case by their supposed immaturity. What does this say about their parents and teachers who work? 

THE EMPLOYMENT RELATIONSHIP ENSLAVES AND EVENTUALLY DESTROYS THE WORKER

L. Susan Brown, Ph.D. from the University of Toronto, 1993; Does Work Really Work? Kick It Over #35 // acs
	No matter what kind of job a worker does, whether manual or mental, well paid or poorly paid, the nature of the employment contract is that the worker must, in the end, obey the employer. The employer is always right. The worker is told how to work, where to work, when to work, and what to work on. This applies to university professors and machinists, to lawyers and carpet cleaners: when you are an employee, you lose your right to self-determination. This loss of freedom is felt keenly, which is why many workers dream of starting their own businesses, being their own bosses, being self-employed. Most will never realize their dreams, however, and instead are condemned to sell their souls for money. The dream doesn`t disappear, however, and the uneasiness, unhappiness, and meaninglessness of their jobs gnaws away at them even as they defend the system under which they exploitedly toil. 

IMPACT: OUR WORK SOCIETY MAKES A MOCKERY OF FREEDOM AND DEMOCRACY

THE OPPRESSION OF THE WORKPLACE MAKES ALL TALK OF FREEDOM AND DEMOCRACY A MOCKERY

Bob Black, the abolition of work, 1992, FringeWare Review,  01:25 Bob Black, PO Box 2159, Albany, NY 12220; http://www-personal.usyd.edu.au/~sfraser/cat/dwu/ // acs
	Work makes a mockery of freedom. The official line is that we all have rights and live in a democracy. Other unfortunates who aren`t free like we are have to live in police states. These victims obey orders or else, no matter how arbitrary. The authorities keep them under regular surveillance. State bureaucrats control even the smaller details of everyday life. The officials who push them around are answerable only to higher-ups, public or private. Either way, dissent and disobedience are punished. Informers report regularly to the authorities. All this is supposed to be a very bad thing. 

THE ORDINARY AMERICAN WORKPLACE IS MORE OPPRESSIVE THAN MOST DICTATORSHIPS, AND HAS MORE IN COMMON WITH THE PRISON THAN ANYWHERE ELSE

Bob Black, the abolition of work, 1992, FringeWare Review,  01:25 Bob Black, PO Box 2159, Albany, NY 12220; http://www-personal.usyd.edu.au/~sfraser/cat/dwu/ // acs
	And so it is, although it is nothing but a description of the modern workplace. The liberals and conservatives and libertarians who lament totalitarianism are phonies and hypocrites. There is more freedom in any moderately de-Stalinized dictatorship than there is in the ordinary American workplace. You find the same sort of hierarchy and discipline in an office or factory as you do in a prison or a monastery. In fact, as Foucault and others have shown, prisons and factories came in at about the same time, and their operators consciously borrowed from each other`s control techniques. 

THE OPPRESSIVE WORK SYSTEM IS FACTORY FASCISM AND OFFICE OLIGARCHY, AND DRAINS ALL AUTONOMY OUT OF THE PEOPLE

Bob Black, the abolition of work, 1992, FringeWare Review,  01:25 Bob Black, PO Box 2159, Albany, NY 12220; http://www-personal.usyd.edu.au/~sfraser/cat/dwu/ // acs
	The demeaning system of domination I`ve described rules over half the waking hours of a majority of women and the vast majority of men for decades, for most of their lifespans. For certain purposes it`s not too misleading to call our system democracy or capitalism or -- better still -- industrialism, but its real names are factory fascism and office oligarchy. Anybody who says these people are ``free`` is lying or stupid. You are what you do. If you do boring, stupid, monotonous work, chances are you`ll end up boring, stupid, and monotonous. work is a much better explanation for the creeping cretinization all around us than even such significant moronizing mechanisms as television and education. People who are regimented all their lives, handed to work from school and bracketed by the family in the beginning and the nursing home in the end, are habituated to hierarchy and psychologically enslaved. Their aptitude for autonomy is so atrophied that their fear of freedom is among their few rationally grounded phobias. Their obedience training at work carries over into the families they start, thus reproducing the system in more ways than one, and into politics, culture and everything else. Once you drain the vitality from the people at work, they`ll likely submit to hierarchy and expertise in everything. They`re used to it. 

IMPACT: WORK DEGRADES ALL SOCIAL RELATIONS

WORK PSYCHOLOGY DESTROYS NON-WORK SOCIAL RELATIONS

L. Susan Brown, Ph.D. from the University of Toronto, 1993; Does Work Really Work? Kick It Over #35 // acs
	We must increase the amount of free work in our lives by doing what we want, alone and with others, whether high art or mundane maintenance. We need to tear ourselves away from drinking in strict exchange terms: I will do this for you if you will do that for me. Even outside our formal work hours, the philosophy of contract and exchange permeates our ways of interacting with others. This is evident when we do a favour for someone -- more often than not, people feel uncomfortable unless they can return the favour in some way, give tit for tat. We must resist this sense of having to exchange favours. Instead, we need to be and act in ways that affirm our own desires and inclinations. This does not mean being lazy or slothful (although at times we may need to be so), but rather calls for self-discipline. Free work actually demands a great deal of self-discipline, as there is no external force making us work, but only our own internal desire to partake in an activity that motivates our participation. 

WORK DESTROYS FAMILIES AND CREATES ILLNESS

Leisure Party, 1999; Beyond the Work Ethic 
http://freespace.virgin.net/sarah.peter.nelson/menu3a.html // acs
	In a recent survey by the charity Parents at Work in Britain, which not only works the longest hours in Europe but also has the highest divorce rate, 70 per cent of employees said that work keeps them from their loved ones and almost 80 per cent said pressures at work have led to illness. More than 70 per cent said they wanted to change their work hours, and 10 per cent said they were considering giving up their jobs. 

WORK CREATES FOR US FALSE IDENTITIES, AND RISE IN TEMP WORK MAKES IT WORSE

L. Susan Brown, Ph.D. from the University of Toronto, 1993; Does Work Really Work? Kick It Over #35 // acs
	And destroy it we must. If one`s identity is based on work, and work is based on the employment contract, and the employment contract is a falsehood, then our very identities have at their foundation a lie. In addition, the labour market is moving towards an ever-increasing exploitative form of work: it is predicted that by the year 2000, fifty percent of the labour force will be engaged in temp work -- work which is even less selfdirected than permanent full-time jobs. 

IMPACT: WORK CAUSES ECOLOGICAL DISASTERS

WORK FATIGUE CAUSES HUGE ECOLOGICAL DISASTERS -- EXXON VALDEZ & BHOPAL EXAMPLES

Leisure Party, 1999; Beyond the Work Ethic http://freespace.virgin.net/sarah.peter.nelson/menu3a.html // acs
	According to a survey of British and Australian accountants published to coincide with the first National Go Home on Time Day eight out of ten British accountants said they never left the office on time for fear of being seen to be shirking - even though most of them recognise that long hours are bad for productivity. 
Among the catastrophes in which human fatigue has played a part are the Exxon Valdez oil spillage, the Challenger crash, the Bhopal disaster, and the Clapham Junction railway crash. 

IMPACT: END OF WORK SPARKS NEW HUMAN CREATIVITY

THE FUTURE WITHOUT WORK IS A BEAUTIFUL ONE, SPAWNING NEW HUMAN CREATIVITY THROUGH ``FUCKING OFF``

Steven Rubio, 1997; In Defense of Fucking Off; Bad Subjects, Issue # 32, April 1997 http://freespace.virgin.net/sarah.peter.nelson/menu3a.html// acs
	This is what we know. In the future, we will always fuck off. No one will work. You won`t feel pain, you`ll revel with family and friends. There will be no labor; what the heck, since this is utopia, neither will there be death. No work will be freely chosen, because no work will be done. You will fuck off forever, you will make no sacrifices to the work ethic, you will fuck off in as many different ways as there are molecules in the universe. Fuck work. Fuck off! 
Who knows how many potential Jeffersons and Thoreaus are hiding out there, buried in their work? How many Debords, how many Ehrenreichs, how many Lennons? 

SOLVENCY: TRANSITION WILL BE EASED BY COOPERATION FROM MANY

THOSE WHO LOVE THEIR JOBS AND WANT TO WORK WILL MAKE THE TRANSITION TO A WORK FREE WORLD POSSIBLE

Bob Black, 1992; No Future for the workplace, From Friendly Fire, 1992 (Autonomedia, POB 568 Williamsburgh Station, Brooklyn, New York 1211-0568).  // acs
	You say you love yourjob? Fine. Keep doing it. Your sort will help to tide us over during the transition. We feel sorry for you, but we respect your choice as much as we suspect it`s rooted in refusal to admit your present prodigious efforts made life (especially yours) no better, they only made life seem to go by faster. You were coping in your own way: you were trying to get it over with. 

WORK CONSULTANTS WILL JOIN AND EMPOWER THE MOVEMENT AWAY FROM WORK

Bob Black, 1992; No Future for the workplace, From Friendly Fire, 1992 (Autonomedia, POB 568 Williamsburgh Station, Brooklyn, New York 1211-0568).  // acs
	Although the consultants are inept as reformists they might make magnificent revolutionaries. They rethink work, whereas workers want to think about anything but. But they must rethink their own jobs first. For them to transfer their loyalties to the workers might not be too difficult - it`s expedient to join the winning side - but they will find it harder to acknowledge that in the end the experts on work are the workers who do it. Especially the workers who refuse to. 

SOLVENCY: CHARGES OF UTOPIANISM ARE GROUNDLESS

NON-WORK FUTURE IS ONE WE SHOULD ASPIRE TO, A FUTURE WHICH IS POSSIBLE
 
Steven Rubio, 1997; In Defense of Fucking Off; Bad Subjects, Issue # 32, April 1997 http://freespace.virgin.net/sarah.peter.nelson/menu3a.html// acs
	At Bad Subjects we believe that having dreams and fantasies of a utopian future is integral to conceiving of an alternative radical politics.... we want to put utopia back in the future, where it belongs.... we can only see glimpses of it, because it`s impossible to imagine a world so completely unlike our own.... But this is what we know. In the future, we will always work in solidarity. No one will compete for jobs. And your work will not be painful, nor will it deprive you of family and friends.... Certainly, there will be death and there will be labor, but we will not see them as being in conflict with life and pleasure.... All work will be freely chosen. And to work at one thing will not be to sacrifice your life to it, for you will work at many different things. 

PRACTICAL FORECASTS OF THE FUTURE HAVE BEEN TOTALLY INCORRECT, WE SHOULD TAKE A UTOPIAN VIEW INSTEAD

Bob Black, 1992; No Future for the workplace, From Friendly Fire, 1992 (Autonomedia, POB 568 Williamsburgh Station, Brooklyn, New York 1211-0568).  // acs
	The future belongs to the zerowork movement, should one well up, unless its object is impossible because work is inevitable. Do not even the consultants and the techno-futurolo gists at their most fantastic take work for granted? Indeed they do, which is reason enough to be sceptical. They never yet foresaw a future that came to pass. They prophesied moving sidewalks and single family air-cars, not computers and recombinant DNA. Their American Century was Japanese before it was half over. Futurologists are always wrong because they are only extrapolators, the limit of their vision is more of the same - although history (the record of previous futures) is replete with discontinuities, with surprises like Eastern Europe. Attend to the utopians instead. Since they believe life could be different, what they say just might be true. 

SOLVENCY: REPLACEMENT OF WAGE SLAVERY IS FEASIBLE

WE COULD ALL SURVIVE JUST FINE ON 5% OF CURRENT WORK

Bob Black, the abolition of work, 1992, FringeWare Review,  01:25 Bob Black, PO Box 2159, Albany, NY 12220; http://www-personal.usyd.edu.au/~sfraser/cat/dwu/ // acs
	Only a small and diminishing fraction of work serves any purpose independent of the defense and reproduction of the work-system and its political and legal appendages. Twenty years ago, Paul and Percival Goodman estimated that just five percent of the work then being done -- presumably the figure, if accurate, is lower now -- would satisfy our minimal needs for food, clothing and shelter. Theirs was only an educated guess but the main point is quite clear: directly or indirectly, most work serves the unproductive purposes of commerce or social control. Right off the bat we can liberate tens of millions of salesmen, soldiers, managers, cops, stockbrokers, clergymen, bankers, lawyers, teachers, landlords, security guards, ad-men and everyone who works for them. There is a snowball effect since every time you idle some bigshot you liberate his flunkies and underlings also. Thus the economy implodes. 

THERE ARE FEASIBLE ALTERNATIVES TO THE WAGE SLAVERY SYSTEM

L. Susan Brown, Ph.D. from the University of Toronto, 1993; Does Work Really Work? Kick It Over #35 // acs
	It doesn`t have to be this way. There is nothing sacred about the employment contract that protects it from being challenged, that entrenches it eternally as a form of economic organization. We can understand our own unhappiness as workers not as a psychological problem that demands Prozac, but rather as a human response to domination. We can envision a better way of working, and we can do so now, today, in our own lives. By doing so we can chisel away at the wage slavery system; we can undermine it and replace it with freer ways of working. 

WORK IS RAPIDLY BECOMING REDUNDANT

Leisure Party, 1999; Beyond the Work Ethic http://freespace.virgin.net/sarah.peter.nelson/menu3a.html // acs
	Unemployment is rising all over the world. Even in Japan the lifetime employment system is under threat. Most governments have given up even the pretence that they can do anything about it, even though they acknowledge that it is one of the major problems facing society. Every year the unemployment total increases inexhorably. The reality is that work is rapidly becoming redundant. 

SOLVENCY: ``PLAY`` CAN REPLACE ``WORK``

PLAY CAN REPLACE WORK -- EMPIRICAL EXAMPLES PROVE IT EVERY DAY

L. Susan Brown, Ph.D. from the University of Toronto, 1993; Does Work Really Work? Kick It Over #35 // acs
	What would a better way of work look like? It would more resemble what we call play than work. That is not to say that it would be easy, as play can be difficult and challenging, like we often see in the spores we do for fun. It would be self-directed, self-desired, and freely chosen. This means that it would have to be disentangled from the wage system, for as soon as one is paid one becomes subservient to whoever is doing the paying. As Alexander Berkman noted: ``labour and its products must be exchanged without price, without profit, freely according to necessity,``(2) Work would be done because it was desired, not because it was forced. Sound impossible? Not at all. This kind of work is done now, already, by most of us on a daily basis. It is the sort of activity we choose to do after our eight or ten hours of slaving for someone else in the paid workplace. It is experienced every time we do something worthwhile for no pay, every time we change a diaper, umpire a kid`s baseball game, run a race, give blood, volunteer to sit on a committee, counsel a friend, write a newsletter, bake a meal, or do a favour. We take part in this underground free economy when we coach, tutor, teach, build, dance, baby-sit, write a poem, or program a computer without getting paid. We must endeavor to enlarge these areas of free work to encompass more and more of our time, while simultaneously trying to change the structures of domination in the paid work-place as much as we possibly can. 

SWITCH TO PLAY AS A SOLUTION ANSWERS THE TIRESOME DEBATER`S QUESTIONS

Bob Black, the abolition of work, 1992, FringeWare Review,  01:25 Bob Black, PO Box 2159, Albany, NY 12220; http://www-personal.usyd.edu.au/~sfraser/cat/dwu/ // acs
	So the abolitionists will be largely on their own. No one can say what would result from unleashing the creative power stultified by work. Anything can happen. The tiresome debater`s problem of freedom vs. necessity, with its theological overtones, resolves itself practically once the production of use-values is coextensive with the consumption of delightful play-activity. 

WORK CAN BE REPLACED BY NEW CONCEPT OF PLAY

Bob Black, the abolition of work, 1992, FringeWare Review,  01:25 Bob Black, PO Box 2159, Albany, NY 12220; http://www-personal.usyd.edu.au/~sfraser/cat/dwu/ // acs
	That doesn`t mean we have to stop doing things. It does mean creating a new way of life based on play; in other words, a ludic revolution. By ``play`` I mean also festivity, creativity, conviviality, commensality, and maybe even art. There is more to play than child`s play, as worthy as that is. I call for a collective adventure in generalized joy and freely interdependent exuberance. Play isn`t passive. Doubtless we all need a lot more time for sheer sloth and slack than we ever enjoy now, regardless of income or occupation, but once recovered from employment-induced exhaustion nearly all of us want to act. 

PLAY CAN BE VERY PRODUCTIVE AND CAN REPLACE FORCED LABOR

Bob Black, 1992; No Future for the workplace, From Friendly Fire, 1992 (Autonomedia, POB 568 Williamsburgh Station, Brooklyn, New York 1211-0568).  // acs
	Although it does not have to be, play can be productive, so forced labor may not be necessary. When we work we produce without pleasure so as to consume without creating - containers drained and filled, drained and filled, like the locks ofa canal. Job enrichment? The phrase implies a prior condition of job impoverishment which debunks the myth of work as a source of wealth. Work devalues life by appropriating something so priceless it cannot be bought back no matter how high the GNP is. 
Life enrichment, on the other hand, consists of the suppression of many jobs and the recreation, in every sense, of the others as activities intrinsically enjoyable - if not to every one for any length of time, then for some people, at some times, in some circumstances. Work standardizes people as it does products, but since people by nature strive to produce themselves, work wastes effort lost to conflict and stress. Play is pluralistic, bringing into play the full panoply of talents and passions submerged by work and anaesthetized by leisure. The work-world frowns on job-jumping, the play-oriented or ludic life encourages hobby-hopping. As their work-conditioning wears off, more and more people will feel more and more aptitudes and appetites unfolding like the colorful wings of a brand-new butterfly, and the mode of production will be the more firmly consolidated. 

THE LUDIC (OR PLAY) APPROACH WILL BE ACTIVE AND EMPOWERING

Bob Black, the abolition of work, 1992, FringeWare Review,  01:25 Bob Black, PO Box 2159, Albany, NY 12220; http://www-personal.usyd.edu.au/~sfraser/cat/dwu/ // acs
	To be ludic is not to be ludicrous. Play doesn`t have to be frivolous, although frivolity isn`t triviality; very often we ought to take frivolity seriously. I`d like life to be a game -- but a game with high stakes. I want to play for keeps. 
The alternative to work isn`t just idleness. To be ludic is not to be quaaludic. As much as I treasure the pleasure of torpor, it`s never more rewarding than when it punctuates other pleasures and pastimes. Nor am I promoting the managed, time-disciplined safety valve called ``leisure``; far from it. Leisure is non-work for the sake of work. Leisure is time spent recovering from work and in the frenzied but hopeless attempt to forget about work. Many people return from vacations so beat that they look forward to returning to work so they can rest up. The main difference between work and leisure is that at work at least you get paid for your alienation and enervation. 

SOLVENCY: CRITIQUE DOESN`T HAVE TO OVERTURN THE WORK SYSTEM TO BE WORTH VOTING FOR

WORK CRITIQUE CAN LEAD TO EFFECTIVE ACTION EVEN WITHIN THE EXISTING WORK CONTEXT AND THUS ACT TO ELIMINATE IT

L. Susan Brown, Ph.D. from the University of Toronto, 1993; Does Work Really Work? Kick It Over #35 // acs
	While we move towards a freer world by consciously affirming free work outside the marketplace, we can also make a difference during those hours when we are paid to work. Being conscious of the fact that when we are selling our labour we are actually selling ourselves gives us self-awareness. Such self-awareness is empowering, as the first step to changing one`s condition is understanding the true nature of that condition. Through this understanding, we can develop strategies for challenging the slave wage system. For instance, every time we ignore the boss and do what we want we create a mini-revolution in the workplace. Every time we sneak a moment of pleasure at work we damage the system of wage slavery. Every time we undermine the hierarchical structure of decision-making in the workplace we gain a taste of our own self-worth. These challenges can come from below or from above: those of us who achieve a measure of power in the workplace can institute structural changes that empower those below, drawing from principles like consensus decision-making and decentralization. For instance, as teachers we can introduce students to the idea of consensus by using such a method to make major class room decisions. Those of us who head up committees or task forces can advocate institutional structures, policies and constitutions that decentralize power. Of course, the wage system is inherently corrupt and unreformable; however, we can make it more bearable while at the same time trying to destroy it. 

SOLVENCY: WE WILL NOT HAVE TO OVER-RELY ON TECHNOLOGY

WE CAN LIVE WITHOUT WORK AND WITHOUT TECHNOLOGIZING IT. CREATIVE TECHNICIANS WOULD BE FREE TO DO WONDERFUL THINGS

Bob Black, the abolition of work, 1992, FringeWare Review,  01:25 Bob Black, PO Box 2159, Albany, NY 12220; http://www-personal.usyd.edu.au/~sfraser/cat/dwu/ // acs
	I haven`t as yet even mentioned the possibility of cutting way down on the little work that remains by automating and cybernizing it. All the scientists and engineers and technicians freed from bothering with war research and planned obsolescence should have a good time devising means to eliminate fatigue and tedium and danger from activities like mining. Undoubtedly they`ll find other projects to amuse themselves with. Perhaps they`ll set up world-wide all-inclusive multi-media communications systems or found space colonies.

SOLVENCY: PEOPLE DO NOT DESIRE TO WORK

HUMANS DO NOT NATURALLY DESIRE WORK

Leisure Party, 1999; Beyond the Work Ethic 
http://freespace.virgin.net/sarah.peter.nelson/menu3a.html // acs
	To like work is analagous to liking pain: it is unnatural. Humans are naturally idle. This is true of most animals and is a necessary survival mechanism for reducing the amount of unecessary energy the animal expends. A cat for instance will sleep as much as 16 hours a day and spend as little as 1/2 hour hunting. 

SOLVENCY: WORK DOES NOT CREATE HAPPINESS -- UNEMPLOYMENT IS GOOD

WORK MAKES PROMISES, BUT DOES NOT DELIVER HAPPINESS

S.L. Lowndes, [British] Sunday Times (8/8/1982) ``Why Work?``; 
http://www-personal.usyd.edu.au/~sfraser/cat/dwu/whywork.htm // acs
	I can only feel sorry for all those young school-leavers scouring the boards down at the jobcentre. They think a job will be the answer to all their problems. Someone has been misinforming them. Such dreams they have! The money, the friends, the clothes, a car, a flat! I would point out to them the drudgery of clerical work, the agony of labouring, and the unending grind of repitition. Work is not the answer to any problems, not even financial ones.

NO JOB IS GOOD ENOUGH FOR ANY OF US -- WE MUST DEMAND MORE

S.L. Lowndes, [British] Sunday Times (8/8/1982) ``Why Work?``; 
http://www-personal.usyd.edu.au/~sfraser/cat/dwu/whywork.htm // acs
	This may be only sour grapes because I am unemployable. there isn`t a job good enough for me. There isn`t a job good enough for anyone. It never fails to astound me that in this world where so much is possible, and where there is so much to take your breath away, so many are prepared to settle for so little.

UNEMPLOYMENT IS A SIGN OF PROGRESS -- A GOOD THING

Leisure Party, 1999; Beyond the Work Ethic 
http://freespace.virgin.net/sarah.peter.nelson/menu3a.html // acs
	Unemployment is here to stay and there is nothing we can do about it. Nor should we seek to do so. Unemployment is a sign of progress, it shows that humanity is at last being freed from the drudgery of work to have time for personal development. A life of leisure, once the exclusive preserve of the rich, is now open to all. We need to rediscover the pleasures of idleness and teach people the art of doing nothing. Doing nothing should not be considered a soft option but a lifestyle choice requiring determination and commitment. Time is the most precious thing on earth and to waste it working is a sin. Instead of trying to eliminate unemployment, which is neither achievable or desirable, we should be seeking instead to remove the stigma attached to it and to give back pride to those unable or unwilling to work.  

KEEPING PEOPLE UNEMPLOYED WOULD ACTUALLY SAVE MONEY -- U.K. EXAMPLE

Leisure Party, 1999; Beyond the Work Ethic http://freespace.virgin.net/sarah.peter.nelson/menu3a.html // acs
	Politicians repeatedly tell us that unemployment is expensive to the taxpayer, but this is because they think it is what people want to hear rather because it is true. The UK government budget is now £300 billion a year. There are around 1.8 million unemployed who receive £47 per week unemployment benefit giving a total of £84.6 million i.e. less than .03% of total government expenditure. It is a lot less than £1m it cost the taxpayer to keep one worker employed in 1979 at British Steel to produce steel nobody wanted. 
The truth is that keeping people unemployed is far cheaper for the government than subsiding them to do work no one needs, which is one of the main reasons governments abandoned Keynsian style pump priming in the 1980s and why they are reluctant to adopt workfare schemes today. Indeed, the taxpayer pays a high price to keep people economically active. It is true that the UK government continues to bribe foreign companies to set up chip factories and car plants in the UK, but this is for political not economic reasons. The cost, at around £30,000 per job is far greater than keeping them unemployed. 

UNEMPLOYMENT DOES NOT LEAD TO CIVIL UNREST - SPAIN EXAMPLE

Leisure Party, 1999; Beyond the Work Ethic http://freespace.virgin.net/sarah.peter.nelson/menu3a.html // acs
	In Europe Spain has the highest rate of unemployment which averages 23%. In regions such as Andalusia and Extremadura it is even higher with a third of the workforce out of work. Among young people too the rate is high: the latest estimates for the under-25s is over 40%. Half of the unemployed have been out of work for a year or more. At yet, if you travel around Spain people look happy and there are few protests. Politicians do not even make unemployment their top priority. 

ANSWERS: ANTI-WORK POSITION IS ILLOGICAL AND UNTENABLE

OPPOSING WORK IS UNREALISTIC AND SIMPLISTIC -- THE CRITIQUE MUST NOT JUST CRITICIZE THE EXISTING WORKPLACE, BUT PROPOSE A VALID ALTERNATIVE

Neala Schleuning, 1995; The Abolition of Work and Other Myths; This article originally appeared in issue #35 (Summer, 1995) of Kick It Over // acs
	The idea of not working is nice, but unrealistic and simplistic. If the critique of what we have come to call ``work`` is meant to encourage resistance to exploitation by the wage labour system, the objective is a good one. But along with the critique must come a responsible plan for getting the long term work of the society accomplished. 

ABOLISH WORK ARGUMENT IS MISGUIDED, SILLY, COUNTER-PRODUCTIVE, AND IRRESPONSIBLE

Neala Schleuning, 1995; The Abolition of Work and Other Myths; This article originally appeared in issue #35 (Summer, 1995) of Kick It Over // acs
	The abolition of work argument can take one of several tracks: a critique of the mind-numbing work created by the division of labour; a rejection of technology and a return to a simpler lifestyle free of the constraints of centralized control by capital and the machine; an appropriation of the ``boss`s`` time for personal work; or an outright refusal to work and the personal appropriation of the work of others through squatting, stealing, etc. There are serious problems with some of the arguments for the abolition of work. At best, they are misguided and silly. At their worst, they are counterproductive to the life of the community and just plain irresponsible. 

WORK IS ALWAYS A PART OF ALL SOCIETIES -- IT IS INEVITABLE

Neala Schleuning, 1995; The Abolition of Work and Other Myths; This article originally appeared in issue #35 (Summer, 1995) of Kick It Over // acs
	Despite these delightful fantasies of leisure, infinite pleasure and wealth, all cultures have also addressed the need for the individual to work. To live is to work and much of life is spent in economic activity. Whether work is seen as the means to achieving some spiritual height or individual salvation, or as a curse for previous transgressions, all the great religions of the world, for example, admonish the slacker, and some raise work to the level of a first principle. Most political thought also either assumes the value of work, or requires it, for the collective good. Basic survival is, of course, a given when we think about the necessity for work. 

ANSWER: ANTI-WORK POSITION IS IMPRACTICAL

IF WE REJECT WORK, WE MUST REJECT ALL OF MODERN INDUSTRIAL SOCIETY WE HAVE CONSTRUCTED -- NOT VERY PRACTICAL

Neala Schleuning, 1995; The Abolition of Work and Other Myths; This article originally appeared in issue #35 (Summer, 1995) of Kick It Over // acs
	Moreover, if we remain committed to our modern, centralized, urban/industrial societies, at minimum a vast infrastructure must be maintained and work must remain highly coordinated and specialized. Streets and sidewalks must be repaired, garbage must be removed, water must be brought to people, and waste must be carried away and processed in environmentally safe ways. The motors that lift the elevators have to work, the heat, water, electricity and telephone must be maintained. ``Someone`` must do all this work - co-operatively, individually, by lot, by coercion - the work must be done. 

CANNOT GO BACK TO NATURE AND HOPE TO LIVE WITHOUT WORK, ESPECIALLY IN NORTHERN CLIMATES

Neala Schleuning, 1995; The Abolition of Work and Other Myths; This article originally appeared in issue #35 (Summer, 1995) of Kick It Over // acs
	Going back to nature to live at survival levels might work, but only in a southern climate, with a controlled population in an ecologically balanced regional biosphere and an environment producing enough food for foraging. Those of us living in northern climates have to do a lot of work to survive. 

ANSWER: WORK IS NEEDED TO ACHIEVE SOCIAL RESPONSIBILITY AND MUTUAL CONCERN

BOB BLACK NOTWITHSTANDING, WORK REMAINS TO BE DONE BECAUSE WE CARE FOR AND ABOUT EACH OTHER

Neala Schleuning, 1995; The Abolition of Work and Other Myths; This article originally appeared in issue #35 (Summer, 1995) of Kick It Over // acs
	Paul LaFargue`s 19th century call for the right to be lazy and Bob Black`s recent exhortations notwithstanding, it seems that, work is with us, and shall be with us, even if we remain committed to a high level of technological development. By its very nature, work requires a long term, commitment. Much of the work to be done in any society is not a matter of choice. And much work will certainly not be exciting, or necessarily creative. The soiled diapers of the child must be changed; seeds must be planted and tended, the food gathered, stored in a variety of ways, prepared, and cooked (in northern climates moreso); fuel and shelter must be arranged for cooling and warmth; children must be tended, people must be healed, clothed. 

WE CANNOT ALLOW PEOPLE TO REFUSE TO DO THE ``SURVIVAL WORK`` THAT THE COMMUNITY MUST HAVE

Neala Schleuning, 1995; The Abolition of Work and Other Myths; This article originally appeared in issue #35 (Summer, 1995) of Kick It Over // acs
	As human beings, we have the obligation to contribute, at minimum, to collective survival work. No. one should have the luxury of refusing to work. To share in this collective survival work is not necessarily oppressive. Doing this for others, for their use, their satisfaction, and knowing and trusting that others will do the same for you is the essence of work. What is oppressive is forced labour, exploited labour, labour which creates goods and services not to enhance social connections, but to be commodified, to exchange. We need a radical restructuring of work, not its abolition. And we need to begin with the question, ``what do we do for each - other?`` ``what is our work?``, not just ask each other what we ``do,`` what our individual labour is, how we fit into the system that isolates us. When we are truly invested in our work, we will solve the problems of who will care for the children, feed and clothe us, build our shelters, plant our gardens. 

REFUSAL TO WORK IS ARROGANT AND CHILDISH, AND IGNORES SOCIAL RESPONSIBILITIES

Neala Schleuning, 1995; The Abolition of Work and Other Myths; This article originally appeared in issue #35 (Summer, 1995) of Kick It Over // acs
	The refusal to work is arrogant, and probably also a bit childlike. It is certainly individualistic and self-serving. May I risk an observation that this philosophy is probably especially appealing to the young and strong and healthy who have no responsibilities (or who think they have no responsibilities) for the care of others. Some abolition of work arguments are grounded in the ideology of a personal, individual work ethic rather than a social ethic, e.g., I have no responsibility to anyone but myself. 

ANSWER: TURN - NO JOBS MEAN MORE WORK

TURN: PEOPLE OUTSIDE OF THE WAGE SYSTEM WORK MUCH HARDER THAN THOSE IN IT

Neala Schleuning, 1995; The Abolition of Work and Other Myths; This article originally appeared in issue #35 (Summer, 1995) of Kick It Over // acs
	For peoples who live outside the wage system especially, work - hand work - is the norm for survival. In fact, the price of freedom from industrial wage slavery is most likely more work rather than less. 

ANSWER: WORK CREATES INTELLECTUAL GROWTH

WORK CREATES SELF-SATISFACTION, FIRES THE IMAGINATION, AND CREATES INTELLECTUAL WELL-BEING.

Neala Schleuning, 1995; The Abolition of Work and Other Myths; This article originally appeared in issue #35 (Summer, 1995) of Kick It Over // acs
	There are many aspects of good work that are important to nourishing the individual human spirit and the collective well-being: meaningful work gives us a sense of completion and contributes to self-satisfaction; it also serves to stir the imagination and create intellectual well-being. 

AFFIRMATIVES

page		Argument

326		General affirmative harms and significance
		Every case will need to establish that there are problems in American schools, especially related to academic achievement. You will find the evidence you need here.

340		General affirmative solvency evidence
		While neither specific nor exhaustive, this file contains evidence which indicates that schools can be changed and changed easily, and that we spend money we can solve problems. These are claims which will be useful for almost any affirmative to make.

345		General affirmative inherency evidence
		Reasons why problems in schools have not been solved. Also useful for almost any affirmative team.

347		Choice-Voucher affirmative case
		This case argues that each student should be given a voucher which they can then use to enroll in any school. This will create a market in education which will increase efficiency, productivity, and consumer choice. Schools will have to deliver on academic achievement or else lose their customers. Very much like deschooling, but school remains compulsory and credentials are still recognized.

372		School uniforms affirmative case
		This case argues that there is violence and lack of discipline in schools, and that much of it is clothing related. If all students had a required uniform discipline would improve, academic achievement would rise, and clothing would no longer divide the rich from the poor.

382		First affirmative speeches
		Outlines of first affirmative speeches for Choice-Voucher and Uniform cases. We suggest that you write your own. These can merely serve as models.

AFFIRMATIVE HARMS AND SIGNIFICANCE - GENERAL

page	Argument

327		American school system needs to be 				changed
328		Lots of money and few results
329		Academic achievement is low
330		Racial academic achievement gap is 					widening
331		High school graduates lack employment 				skills
331		Bad schools threaten USA international 				standing
332		Schools have become racially resegregated
333		Huge spending differences between districts
334		School violence is a serious problem
336		Atmosphere of violence makes it difficult to 			learn
338		Truancy
338		Drop outs
339		Bad academics leads to alcoholism

 AMERICAN SCHOOL SYSTEM NEEDS TO BE CHANGED

THE WORLD HAS CHANGED IN THE LAST 150 YEARS, SO THE SCHOOL SYSTEM NEEDS TO BE CHANGED AS WELL

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	It is important to recognize that the current school system was designed over 150 years ago and supported this nation`s extraordinarily successful industrial era very well. The problem is not the concept of mass public education, but the fact that in its current form mass public education no longer adequately prepares young people for a real world, one that has changed dramatically. What we teach, how we teach it, and what we expect from students must change if we are to succeed in the twenty-first century. 

THE AMERICAN HIGH SCHOOL IS OBSOLETE AND NEEDS TO BE ABOLISHED

RICHARD LEE COLVIN,  Los Angeles Times, December 23, 1998, Part B; Page 2; HEADLINE: EDUCATION / SMART RESOURCES FOR STUDENTS AND PARENTS  // acs-VT2000
	The American high school, serving a smorgasbord of undemanding, unrelated courses and turning out far too many graduates unprepared for either college or the workplace, is obsolete. 
That`s the view of the editors of a new book, who argue that it is time to abolish it and start over. 

SCHOOL IMPROVEMENT IS NECESSARY

CLARK ROBENSTINE, 1997. JOURNAL OF THOUGHT, ``CONFRONTING ASSUMPTIONS // EE2000 HT P 114
	Schooling does need to be improved. arid there are kernels of truth in the criticisms made in the dominant reform literature. But such criticisms have been made before and have led to actions that were obviously ineffective. In the end, the actual point fit is the  wide chasm between the rhetoric of education reform measures and the reality of their implementation in real schools. Dominant reform measures of the last fifteen years have become ``devices of art```` to deflect attention and analysis away from the essential task. And what is essential is the critical analysis of the axioms which justify and sustain contemporary schooling.

HUGE EXPENDITURES HAVE NOT PURCHASED ACADEMIC ACHIEVEMENT

AMERICAN SCHOOL SYSTEMS ARE HUGE FAILURES DESPITE HUGE EXPENDITURES

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	It`s remarkable how stable these assumptions have been despite 30-plus years of failure. America`s schools remain perilously weak. Whether one looks at worldwide math and science results, comparisons of ``value added`` over time, or other indices of achievement, America`s schools simply don`t measure up - except in spending, where U.S. outlays per-pupil are among the planer`s loftiest. Domestically, our National Assessment results are mediocre to dismal, and the achievement (and school-completion) levels for minority youngsters and inner-city residents are catastrophic. In Ohio, for example, the school districts of Cleveland, Youngstown, and Dayton are all posting drop-out rates of greater than 40 percent. Nationally, a staggering 77 percent of fourth-graders from high-poverty urban schools cannot read at a basic level. The achievement gap between the rich and poor, and between whites and minorities, has not closed; it may even be growing. After three decades, billions of dollars, and thousands of pages of statutes and regulations, we have astonishingly little to show for the effort. 

FAILURE TO GAIN ACADEMIC ACHIEVEMENT AFTER HUGE INVESTMENTS MUST MAKE US QUESTION OUR EXISTING GOVERNMENT SCHOOLS

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	Educators have long cited a lack of proper educational funding; nonetheless, with a dramatic infusion of capital over the past thirty years and with one of the highest per pupil spending averages of any industrialized nation, this defense has finally lost steam. Recently, economists, legislators and education experts alike have begun to reexamine the structural impediments posed by the government`s monopoly over education. This examination has resulted in a call for market-based reform of national education. 

ACADEMIC ACHIEVEMENT IS LOW IN AMERICA`S HIGH SCHOOLS

AMERICAN HIGH SCHOOL GRADUATES FAIL TO MEET BASIC INTELLECTUAL STANDARDS

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	 See, e.g., Office of Educ. Res. and Improvement, U.S. Dep`t of Educ., Youth Indicators, 1991: Trends in the Well-Being of American Youth (1991). The report found that ``among students in groups of advanced and developing countries, U.S. students had a mediocre performance on an international test of science proficiency`` despite the fact that ``comparatively few [United States students] were in the advanced science classes that qualified them to participate in the examinations.`` Id. at 75. The study additionally found that fewer than half of our high school graduates could locate information in a news article, balance a checkbook or follow travel directions. Id. 

POOR ACADEMIC PERFORMANCE INCREASES BECAUSE IT IS TOLERATED

Robert E. Frye, vice chairman of the Fairfax County School Board, September 13, 1998, The Washington Post SECTION: OP-ED; Pg. C08; HEADLINE: Top 10 List for Raising Student Achievement // acs-VT2000
	Hugh Price, president of the National Urban League, recently spoke to this same issue of expectations for minority students at his organization`s annual conference. He said that too many African American students are in serious trouble academically, including many who have put in their time in school and are graduating. Further, he noted that despite lip service given to the value of education, too many of us tolerate poor academic performance and poorly performing schools. 

AMERICAN STUDENTS ARE NOT BEING TAUGHT BASIC ANALYTICAL SKILLS

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	The  findings of the Educational Testing Service suggest that schools are not fostering students` development of analytical skills. 
Fewer than 4 in 10 young adults can summarize in writing the main argument from a lengthy news column . . . . Only 25 out of 100 young adults can use a bus schedule to select the appropriate bus for a given departure or arrival . . . . Only 10 percent of the total group can select the least costly product from a list of grocery items on the basis of unit-pricing information . . . . 

HARD DATA ABOUT MEDIOCRE PERFORMANCE OF AMERICAN STUDENTS IS THE BEST WAY TO MEASURE THE CURRENT SCHOOL FAILURE

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	Today, any crisis that has been attributed to the conduct of public education is premised on the competence and literacy of our students. Because few would argue that intellectual ability has been declining in recent generations, and because our public schools are the only American institutions charged solely with the responsibility of educating our society, lower academic achievement is attributed to less effective schools. If comprehension of essential concepts and the development of higher level reasoning can be measured by criteria other than student performance on standardized assessments, opponents of educational reform have declined to offer any suggestions. In the absence of any alternative method for assessment of public school achievement, educational comparisons continue to offer feedback on the development or stagnation of the public school system.  [*31]  

THE ACADEMIC ACHIEVEMENT GAP BETWEEN THE RACES IS WIDENING

EDUCATIONAL GAPS BETWEEN WHITE AND BLACK & LATINO/A STUDENTS IS WIDENING RAPIDLY

RICHARD LEE COLVIN,  Los Angeles Times, December 23, 1998, Part B; Page 2; HEADLINE: EDUCATION / SMART RESOURCES FOR STUDENTS AND PARENTS  // acs-VT2000
	There is ample evidence that American high schools are failing vast numbers of students. Fresh proof was provided last week in a ``report card`` on educational quality from the Education Trust, a highly regarded policy analysis group. 
	The report noted that the gap in educational achievement between white students and Latino and African American students grew nationally during the 1990s after shrinking in the 1970s and 1980s. 
	Two-thirds of Latino and African American students have no understanding of geometry or algebra when they graduate. In fact, the average Latino or African American 17-year-old is about as skilled mathematically as the average white 13-year-old. 

LOWER TEST SCORES FOR BLACKS ARE THE GREATEST SOURCE OF RACIAL INEQUALITY IN AMERICA

Tony Schwartz, author of ``What Really Matters``The New York Times January 10, 1999: Section 6; Page 30; HEADLINE: The Test Under Stress  // acs-VT2000
	Indeed, in another new book, ``The Black-White Test Score Gap,`` Christopher Jencks, a professor of social policy at Harvard, and Meredith Phillips, a professor of policy studies at the University of California, Los Angeles, argue that lower test scores by blacks are the single biggest barrier to racial equality in this country. 

AFRICAN AMERICAN MALES ARE HIGHLY AT RISK IN THIS SOCIETY

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	National and local statistics, research and curriculum information all support the need to take steps to improve the academic and behavioral performance of African American males. There are a number of problems afflicting males which cause them to suffer disproportionate rates of school incarceration sic, and even death. Unless innovative measures are taken within the educational community, the survival of young African American males residing in Detroit and around the country  [*76]  will be threatened.

AFRICAN AMERICAN STUDENTS ARE WORSE OFF NOW THAN IN 1968

Kelly C. Rozmus, UCLA Law School, Spring, 1998;  Brigham Young University Education and Law Journal, Article: Education Reform and Education Quality: Is Reconstitution the Answer? // acs-VT2000
	In 1993, the Harvard Project on School Desegregation reported that African American and Latina/o students attended schools with predominantly students of color at even greater rates than in 1968. Wendy Brown-Scott, Justice Thurgood Marshall and the Integrative Model, 26 Ariz. St. L.J. 535, 540 n. 26 (1994). One scholar explains that traditional desegregation efforts actually eroded ``indigenous institutional resources`` which African American communities developed when segregated. Quoting Roy Brooks, this article describes the ``equality myth`` as promoting integration into white society but ``ignor[ing] the exacerbation of the problems of subordination and lack of educational opportunity for most African Americans.`` 

SCHOOL FAILURE HAS REACHED EPIDEMIC PROPORTIONS FOR BLACK MALES

Jackie L. Boddie, 1997, HIGH SCHOOL MAGAZINE, ``African
American Urban Males``// ee2000- Sj pg. 52
	Urban African-American males confront complex barriers to learning and achievement. By early adolescence, they often stop trying to bond with school and to relate to teachers. Thus school failure for them has reached epidemic proportions, especially at the secondary level. Many of these young men lack a positive vision of their future and have been perceived of as alien and ineducable. There is a dearth of research about how to reach them and, in general, public education`s inability to meet their social and academic needs has been glaring.

DOMINANT SCHOOL SYSTEM `DE-EDUCATES` AFRICAN AMERICAN STUDENTS

Loretta J. Brunious, 1998, ``HOW BLACK ADOLESCENTS SOCIALLY CONSTRUCT REALITY`` EE-2000 // -GJL P. 28-29
	Do we as a society believe that `` a black child is a white child that happens to be painted black?`` (Wilson, 1978, p. 6). Do we assess the economical, political, and psycho-social development of impoverished black children prior to a judgement. Do we understand that many white children do not encounter these same ``struggles?`` Are we guilty of condemnation of the black impoverished child while the jury is still out? Are we ``blaming the victim?`` According to Woodson (1933) the problem is one of self hatred, created by the oppressor. He states that Negroes were taught to admire other cultures and to despise their own African roots. He contends that the history of blacks has been deemed to be of little consequences or a problem. In his terms, the education of blacks can be considered ``miseducation.``
	Jawanza Kunjufu (1984) and Richard Simmons (1985) concur with Woodson`s theory of ``miseducation.`` Taking Woodson`s work a Step, further, Kunjufu identifies a system of ``deeducation,`` a systemic attempt of exclusion of African-American youths and/or the process of their destruction within the system. He emphasizes the development of positive self-images and discipline as precursors to effective education for African American students. Simmons contends that the value system is the crucial element in children`s development and that for black children, the value system adversely effects their development.

HIGH SCHOOL GRADUATES LACK NEEDED EMPLOYMENT SKILLS

50% OF HIGH SCHOOL GRADUATES LACK THE SKILLS THEY NEED FOR JOBS

Richard J Murnane & Frank Levy, Federal Reserve Bank of New York Economic Policy Review , March, 1998; Pg. 117 HEADLINE: Standards, Information, and the demand for student achievement // acs-VT2000
	Over the last eighteen years, changes in the American economy have dramatically increased the skills workers need to earn a middle-class living. However, almost half of American students now leave high school without the requisite skills. The mismatch between the growing skill demands of employers and the skills of graduating students creates a need for dramatic school improvement. Yet improvements have been slow in coming.

NEW ENTRANTS TO THE AMERICAN WORKFORCE LACK NEEDED SKILLS

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	As Joseph Murphy has noted, even factory employees with relatively ``low-tech`` jobs are failing to enter the workforce with a requisite mastery of math and reading. n37 According to Murphy, ``U.S. corporations spend $ 25 billion a year teaching employees skills they should have learned at school. Motorola spends $ 50 million a year teaching seventh-grade math and English to 12,500 factory workers--half its hourly employees. Kodak is teaching 2,500 how to read and write.`` n38 This finding is further informed by  [*30]  a 1993 report of the United States Department of Education noting that many large employers, including Bell Laboratories, Texas Instruments and IBM, are being forced to fill research jobs with people educated outside the United States. n39 Ultimately, even if American economic prosperity could be said to be independent of the educational achievement of the nation`s citizens, there is little doubt that our economic progress is, nonetheless, retarded by the cost of remedial schooling and employee screening. 

POOR SCHOOLS THREATEN US INTERNATIONAL STANDING

BAD SCHOOLS THREATEN USA`S ECONOMIC COMPETITIVENESS

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	According to Jeffrey Henig,
The argument is based on a simple causal chain: poor education leads to less knowledge and innovation, less knowledge and innovation leads to faltering economic productivity, and faltering economic productivity leads directly to a decline in the quality of life. And this message is sharpened with direct references to the current and growing economic threat posed by Germany, Korea and Japan. 

EVEN THE BEST AND BRIGHTEST OF USA STUDENTS FALL BEHIND THOSE OF OTHER COUNTRIES

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	The obvious conclusion is that if top American students were compared to their foreign counterparts, the United States would compare favorably. Unfortunately, this conclusion lacks empirical support. According to a 1993 study conducted by the United States Department of Education, tests of the brightest students from thirteen countries ranked Americans ninth in physics, eleventh in chemistry and thirteenth in biology. n46 The American students chosen were high school seniors taking advanced placement courses. Author David Harmer commenting on this research noted, ``In short, America`s best science students are the industrialized world`s worst.`` n47 

AMERICAN SCHOOLS HAVE BECOME RESEGREGATED BY RACE

SOCIAL FORCES HAVE NOW CREATED RACIALLY SEGREGATED SCHOOLS

John M. Vickerstaff, January, 1998, Journal of Law & Education, CHALK TALK: Getting Off The Bus: Why Many Black Parents Oppose Busing // acs-VT2000
	Matters have taken their own course irrespective of judicial decisions, and the result has been further segregation. White families continue to live predominantly in the suburbs and blacks predominantly in the cities. After being freed from desegregation orders, many schools have come to reflect the homogenous populations of their neighborhoods, and the result is segregation. 

AMERICAN SCHOOLS ARE BECOMING PROFOUNDLY MORE SEGREGATED BY RACE

John M. Vickerstaff, January, 1998, Journal of Law & Education, CHALK TALK: Getting Off The Bus: Why Many Black Parents Oppose Busing // acs-VT2000
	The general consensus among statisticians seems to be that schools nationwide were almost entirely segregated before Brown v. Board of Education, became less so until the 1970`s, and then became more segregated again in the 1980`s and 1990`s as federal courts found that school districts had ``unified`` their separate black and white school systems and released them from desegregation orders. For example, in 1980, a typical black student in America attended a school that was 36.2% white. However, in 1997, that same student would likely attend a school that is only 33.9% white. n12 Another way to view segregation patterns is to assess how many black students are in schools where fewer than 50% of the students were white. In 1972, 63.6% of black students were in schools where people of color were in the majority, but by 1997 the number had grown to 67.1%.

SCHOOL DISTRICTS SUFFER HUGE DIFFERENTIALS IN BUDGETS

PROPERTY RICH SCHOOLS DISTRICTS CAN AFFORD GOOD SCHOOLS, PROPERTY POOR DISTRICTS CANNOT

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	In particular, the past quarter-century has  [*22]  seen an assault against funding disparities between individual school districts in a given state. n3 Such disparities arise because local school districts are required by state laws to raise nearly half the money necessary for operation through local property taxes. n4 Since ``property-rich`` n5 districts generate more money for education than school districts in ``property-poor`` n6 districts, students in the most impoverished areas attend the most poorly funded schools.

POORER DISTRICTS ARE FORCED TO TAX AT A HIGHER RATE

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	n7 See Jonathan Banks, Note, State Constitutional Analyses of Public School Finance Reform Cases: Myth or Methodology, 45 Vand. L. Rev. 129, 132 (1991). A variation in property values between districts leads both to disparities in available funding as well as disparities in the available tax burden levied upon district residents. Id. Poorer districts are often forced to tax at a higher rate than wealthier districts merely to collect a fraction of the per pupil funding which the wealthier districts receive. 

POOR DISTRICTS HAVE TO RAISE TAXES, WHICH SCARES OFF NEW DEVELOPMENT, WHICH MAKES DISTRICTS EVEN POORER

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	This point is highlighted by the Texas Supreme Court in Edgewood Independent School District v. Kirby, 777 S.W.2d 391 (Tex. 1989): 
Property-poor districts are trapped in a cycle of poverty from which there is no opportunity to free themselves. Because of their inadequate tax base, they must tax at significantly higher tax rates in order to meet minimum requirements for accreditation; yet their educational programs are typically inferior. The location of new industry and development is strongly influenced by tax rates and the quality of local schools. Thus, the property-poor districts with their high tax rates and inferior schools are unable to attract new industry or development and so have little opportunity to improve their tax base. 

CURRENT STRATEGIES TO SOLVE SCHOOL FUNDING INEQUITIES HAVE FAILED

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	Although many states apply one or a combination of these programs, they have not achieved their stated purpose. See generally Walter I. Garms et al., School Finance: The Economics and Politics of Public Education (1978) (discussing the failure of equalization strategies). 

SCHOOL VIOLENCE IS A SERIOUS PROBLEM

SCHOOL VIOLENCE IS A SERIOUS NATIONAL PROBLEM

 Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	The public school campuses of our nation are experiencing an unprecedented crisis of violence and a shocking decline in academic achievement. The National School Boards Association has estimated that approximately 135,000 guns are brought to the nation`s 85,000 public schools every day. n1 Gang related violence and crime in the public schools continues to grow and challenge school administrators and students. The problems faced by school officials and students have grown considerably in the past twenty years. Reports of the crisis in our public schools are staggering. Student attendance and dropout rates are alarming, as are the presence of drugs, weapons, and violence in many schools.

CRIME AND VIOLENCE ARE RAMPANT IN OUR SCHOOLS

Stanley Matthew Burgess, Spring, 1998;  University of Missouri at Kansas City Law Review, COMMENT: MISSOURI`S SAFE SCHOOLS ACT: AN ATTEMPT TO ENSURE A SAFE EDUCATION OPPORTUNITY // acs-VT2000
	A recent report by the U.S. Bureau of Justice noted that 7.9 percent of all rapes, 3.9 percent of all robberies and 14.1 percent of all assaults in the United States occur on school property. n23 The Center to Prevent Handgun Violence determined that seventy-one students were killed and 201 were severely wounded while they were at school between the years 1986 and 1989. n24 Furthermore, the National School Board Association indicated that pupils nationwide bring 135,000 guns to school daily. 

A WAVE OF VIOLENCE IS SWEEPING AMERICA`S SCHOOLS

Jacqueline A. Stefkovich, Prof. Temple Univ. & Judith A. Miller, North Penn School District, Winter, 1999; Brigham Young University Education and Law Journal ARTICLE: Law Enforcement Officers in Public Schools: Student Citizens in Safe Havens? // acs-VT2000
	n24. See CNN News: NSBA Study Shows Increased Violence within Schools (CNN television broadcast, Jan. 5, 1994) (transcript on file with author) (noting that in its survey of over 700 school districts representing thousands of schools, the National School Boards Association found that violence had increased 82 percent over the last five years, crippling students` ability to learn); How School Districts are Responding to Violence, Educ. USA, Jan. 17, 1994, at 6 (showing a large majority of school officials believed school violence had increased during the previous five years and that three-fourths of the 720 who responded to the NSBA poll reported that their schools had dealt with violent student-on-student incidents in 1993, and 13 percent reported a knifing or shooting); Back to School Survey, Atlanta J. & Const., Aug. 5, 1993 (noting that the National Rifle Association found that one-third of parents surveyed worried about gun violence in schools and that twenty percent of the parents reported that their children were concerned about the presence of guns in schools) Survey Finds School Violence Hits 1 in 4 Students, N.Y. Times, Dec.17, 1993, at 37 (reporting that in the Metropolitan Life Insurance Company (MetLife) survey, nearly one in four students and one in ten teachers said they had been victims of violence on or near school property). 

 VIOLENT TRENDS IN SOCIETY HAS COME TO REST IN SCHOOLS

SOCIETAL VIOLENCE PROBLEMS COME TO A HEAD IN OUR SCHOOLS

Stanley Matthew Burgess, Spring, 1998;  University of Missouri at Kansas City Law Review, COMMENT: MISSOURI`S SAFE SCHOOLS ACT: AN ATTEMPT TO ENSURE A SAFE EDUCATION OPPORTUNITY // acs-VT2000
	Traditionally, schools have been a place where students can not only learn the essential skills they will need to become productive members of our society, but they can also seek refuge from the violent elements of their communities. However, today`s schools have become ``battle zones`` for violent and often deadly activities. n15 Students learn their violent behavior from many areas, including their families, peers, television, music and movies. n16 These character traits place everyone in the school context in immediate fear for their well-being. ``Exacerbated by the ready availability of drugs and weapons, violence has become a public health issue of immediate concern.``

SCHOOL VIOLENCE A BIG ISSUE SINCE THE 1970`S

JACKSON TOBY, professor of sociology at Rutgers University, September 22, 1998, The Public Interest, HEADLINE: Getting serious about school discipline; School Report, part 2 // acs-VT2000
	During the 1970s, increasing media reports of school violence aroused so much public concern that Congressional hearings were held, further alarming the public. The 93rd Congress mandated, in 1974, an elaborate study to determine the extent and seriousness of school violence. In January 1978, the National Institute of Education published a 350-page report to Congress, Violent Schools - Safe Schools, detailing the findings of the study. 
Although the study is two decades old, it is worth revisiting, for it remains the most comprehensive national study of school crime and disorder ever done. Principals in 4,014 schools in large cities, smaller cities, suburban areas, and rural areas filled out questionnaires. Then 31,373 students and 23,895 teachers in 642 junior and senior high schools throughout the country were questioned about their experiences with school crime - in particular, whether they themselves were victimized and, if so, how. Unfortunately, the study could not definitively answer some basic questions, like whether school violence was really increasing, because no previous surveys existed with data comparable to the 1976 data from the Safe Schools study. Nevertheless, the authors of the report concluded, on the basis of fragmentary evidence, that disruption was ``considerably more serious than it was 15 years ago, and about the same as it was five years ago.`` 

GANGS AND WEAPONS ARE IN THE SCHOOLS

WEAPONS ARE A COMMON PRESENCE IN THE SCHOOL ENVIRONMENT

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	A recent National League of Cities survey found that 91% of responding urban school districts report weapons in school and 93% report student assaults; 81% of responding suburban school districts report weapons in school and 61% report student assaults; and 69% of responding rural school districts report weapons in school and 45% report student assaults. See Rossman & Morley, supra note 1, at 399-400.

GANG VIOLENCE IS A SERIOUS PROBLEM IN SCHOOLS

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	See C. Ronald Huff & Kenneth S. Trump, Youth Violence and Gangs, School Safety Initiatives in Urban and Suburban School Districts, 28 Educ. & Urban Soc`y 492, 492-93 (1996) (stating that in the United States there are over 16,000 gangs whose more than half-million members commit approximately 600,000 crimes per year, many of which are perpetrated in schools). 

ATMOSPHERE CREATED BY VIOLENCE MAKES IT IMPOSSIBLE FOR TEACHERS TO TEACH

LAX DISCIPLINE IN SCHOOLS DEMORALIZES TEACHERS

JACKSON TOBY, professor of sociology at Rutgers University, September 22, 1998, The Public Interest, HEADLINE: Getting serious about school discipline; School Report, part 2 // acs-VT2000
	Many small student infractions contribute to the sense of intimidation among teachers. But the main causes are found elsewhere: In a school where students wander the halls when they should be in class, where candy wrappers and empty soft-drink cans have been discarded randomly, and where graffiti can be seen on most walls, teachers don`t feel in control, and students don`t perceive them as being in control. This tempts youngsters to test further the limits of acceptable behavior. Among students with little interest in education, the prospect of breaking rules provides some distraction. When they succeed in littering or in writing on walls, they feel encouraged to challenge other, more sacred rules, like the prohibition against assaulting fellow students and teachers. 

TEACHERS ARE AFRAID AND INTIMIDATED IN THEIR SCHOOLS

JACKSON TOBY, professor of sociology at Rutgers University, September 22, 1998, The Public Interest, HEADLINE: Getting serious about school discipline; School Report, part 2 // acs-VT2000
	In contrast, the Safe Schools study included data that enabled readers to infer that teachers were being intimidated in some but not all schools. The study mentioned that substantial proportions of American junior-high-school and senior-high-school teachers reported being sworn at by their students or being the target of obscene gestures during the month preceding the survey. Crimes against teachers while they were at school were most serious in the central cities. Robberies of teachers were three times more common in inner-city schools than in rural schools, and assaults were nine times more common, although rare compared with the victimizations of students. Even in big-city secondary schools, less than 2 percent of the teachers surveyed reported assaults by students within the past month, but threats were more frequent. Some 36 percent of inner-city junior-high-school teachers reported that students threatened to hurt them, as did 24 percent of inner-city high-school teachers. Understandably, many teachers said they were afraid of their students, especially in inner-city schools. Even a small incidence of violence against teachers symbolized a new reality: Teachers were not in control of some schools. A December 1997 survey of 1,500 teachers and school staff in the Boston school system, conducted by the Teachers Union, showed that the intimidation of big-city high-school teachers is continuing. Some 43 percent affirmed that they ``felt their personal safety was in jeopardy in the past two years.`` 

UNRULY CLASSROOMS PREVENT EFFECTIVE TEACHING

JACKSON TOBY, professor of sociology at Rutgers University, September 22, 1998, The Public Interest, HEADLINE: Getting serious about school discipline; School Report, part 2 // acs-VT2000
	The public thinks of teachers primarily as educators, not as agents of control. Teachers themselves tend to downplay their disciplinary role. Some object to hall or cafeteria duty on the grounds that they are not policemen. If pressed, however, teachers will agree that control of the class is a prerequisite for education. Teachers who abdicate control cannot teach effectively. The Safe Schools study asked teachers, ``In May how many times did you hesitate to confront misbehaving students for fear of your own safety?`` The response categories were, ``Never,`` ``Once or twice,`` ``A few times,`` and ``Many times.`` For those who can remember the days when teachers were on a pedestal, the results of the survey were surprising: 28 percent of teachers in cities of half a million or more said that they hesitated to confront misbehaving students at least once in the month before the survey. Smaller percentages of teachers were afraid to confront misbehaving students in other locations: 18 percent in schools in smaller cities, 11 percent in suburban schools, and 7 percent in rural schools. Given that violence against teachers was found to be greatest in the big-city schools and least in the rural schools, teachers` fears would seem to have realistically reflected the actual threat. 

UNSAFE SCHOOLS INHIBIT TEACHERS` ABILITY TO TEACH

C. ELLNER, DEAN OF THE GRADUATE SCHOOL OF EDUCATION AT CALIFORNIA STATE UNIVERSITY, 1992, FROM ``HOW DO WE GET THE GRADUATES WE WANT`-ATTRACTING, PREPARING, AND RETAINING HIGH-QUALITY TEACHERS EE2000 FM PP66
	Teaching can, moreover, be restricting. In many cases teachers are virtual prisoners of the classroom, kept from interacting with other adults or from leaving the classroom for routine activities. Classrooms are often dingy, poorly lit, cold in winter, and hot in summer. Even more serious, violence toward teachers is more -common each year. The ``blackboard jungle`` of the 1950s cinema has become a way of life in many inner-city schools, and teachers and students must rely on police to maintain even a modicum of safety.

SAFETY IS A MORAL IMPERATIVE TO PROVIDE CIRCUMSTANCES PSYCHOLOGICALLY NEEDED FOR ACCOMPLISHMENT

Robbie jean Walker, Dean of liberal arts at auburn university in Montgomery, Alabama, and a member of the national faculty of the National Coalition for Equality in Learning, 1997. REACHING AND TEACHING ALL CHILDREN Grassroots efforts that work. ``Moral Imperatives of leadership,`` Edited by Robert L. Sinclair and Ward J. Ghory / / GJL p. 19
	Signs designating safe places`` will no doubt be applauded for years to come as an eloquent testimonial to the humane spirit of this generation. The concept acknowledges the psychological need for safety, a precondition  for accomplishment in a multitude of circumstances. Thus, another moral imperative informing efforts of the leadership we advocate is that all children should feel safe, protected, and affirmed. Educational leaders are morally obligated to establish and maintain a climate of trust in all learning communities. Children need to feel confident that they can engage in the joys and wonders of learning without ridicule or censure. Sometimes, evolving thought is so fragile and the risk to share it is so formidable that students often leave classes and grade levels without the confidence to test their ideas.

DISRUPTIVE ATMOSPHERE RUINS THE SCHOOL ENVIRONMENT AND HARMS STUDENTS

VIOLENCE IN SCHOOLS CAUSES MANY STUDENTS TO STAY AT HOME, AFRAID TO COME TO SCHOOL

Stanley Matthew Burgess, Spring, 1998;  University of Missouri at Kansas City Law Review, COMMENT: MISSOURI`S SAFE SCHOOLS ACT: AN ATTEMPT TO ENSURE A SAFE EDUCATION OPPORTUNITY // acs-VT2000
	The Department of Education, Justice, and Health and Human Services confirmed that more than 150,000 students refuse to attend school daily because they are ``sick of violence and afraid they might be stabbed, shot or beaten.`` n26 Additionally, the Children`s Defense Fund reported that a child is gunned down every ninety-two minutes. Statistics show there was a 94 percent increase in gunshot deaths among children between the years 1983 and 1993. n27 In 1992 alone, more than 100,000 children under the age of eighteen were charged with having committed violent crimes. 

BEHAVIOR AND DISCIPLINE PROBLEMS RESULT IN INEFFECTIVE SCHOOLS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.146-147
	In addition, roughly two-thirds of the schools with effective organizations have less trouble than average with various forms of misbehavior: students not attending school, cutting classes, talking back to teachers, disobeying instructions, and fighting. In schools with ineffective organizations the numbers are almost exactly reversed. Similarly, effective schools are less likely than ineffective schools to have more than minor problems with violent or illegal student behavior. For most such behavior-physical conflicts among students, robbery or theft, vandalism, alcohol or, drug usage, and verbal abuse of teachers-the incidence of moderate or serious problems is roughly 10 percent higher in ineffective schools than in effective ones. When all forms of misbehavior are combined into one index, moreover, organizational differences become even more pronounced. The number of schools with a below-average level of disciplinary problems is 50 percentage points higher-67.3 percent versus 18.6 percent-for effective schools than for ineffective ones.

DISRUPTIVE SCHOOL ENVIRONMENTS INCREASE TEEN PREGNANCIES

Nation`s Cities Weekly, March 1, 1999; Pg. 9; HEADLINE: Study Links Unsafe Schools, Teen Pregnancies. // acs-VT2000
Violent crime and drug abuse in schools threaten more than students` lives, behavior and academics, a recent study shows. Female students in unsafe schools are more likely to become teenage mothers before they finish high school. 
The new study by Child Trends in Washington, D.C. looks at female students over a four-year period, beginning in the eighth grade, and how family, individuals and schools affect the likelihood of teen pregnancies. An unsafe school environment is the biggest influence on girls becoming teen mothers. 

MORE AND MORE SCHOOLS ARE SPENDING PRECIOUS RESOURCES TO HIRE INDEPENDENT POLICE FORCES

Jacqueline A. Stefkovich, Prof. Temple Univ. & Judith A. Miller, North Penn School District, Winter, 1999; Brigham Young University Education and Law Journal ARTICLE: Law Enforcement Officers in Public Schools: Student Citizens in Safe Havens? // acs-VT2000
	As Jessica Portner noted:
Twenty years ago, most school officials would never have dreamed of allocating their precious resources to hire armed police to protect campuses. If increased security was required for a football game or a school dance, a district typically hired security officers for the night.... Today, more than 50 school districts have spent millions of dollars to set up professionally trained school police forces that operate around the clock. In the late 1970s, there were fewer than 100 school police officers in the United States. Today, there are more than 2,000. n27     

GOOD STUDENTS LEAVE UNRULY SCHOOLS, AND THEN EVERYTHING THERE GETS WORSE

JACKSON TOBY, professor of sociology at Rutgers University, September 22, 1998, The Public Interest, HEADLINE: Getting serious about school discipline; School Report, part 2 // acs-VT2000
	What happens next is this: Students, both black and white, who are committed to learning transfer out of troubled public institutions to private or parochial schools, or they find a friend or relative to live with in the catchment area of a better school. This siphoning out of the better-behaved, more industrious students creates particularly serious order problems in big-city schools where students with little stake in conformity pile up in a critical mass of difficult-to-control students. Class-cutting increases, and students wander the halls in increasing numbers. In the classrooms, teachers struggle for the attention of students. Students talk with one another; they engage in playful and not-so-playful fights; they leave repeatedly to visit the toilet or to get drinks of water. Some are inattentive because they are intoxicated, and they become defiant or abusive when the teacher tries to quiet them. 

 TRUANCY LEADS TO CRIME

SCHOOL TRUANCY CAUSES JUVENILE CRIME

JEROME PAUKER AND JACQUELINE DESNOYERS, Psychologists at the Clarke Institute of Psychiatry, 1988; ABANDONMENT OF DELINQUENT BEHAVIOR, ``Keeping Kids in School: Who, How, Why and So What?`` //am-VT2000 p. 177
Why should this topic appear in a book about juvenile crime and other delinquency? After all, even truancy has not been considered to be more than a status offense, and even as such is tending to disappear from the juvenile crime statutes. Studies of nonattendance and of delinquency, however, repeatedly have shown that the two are linked, that school nonattenders are more likely to commit crimes than are attenders (and vice versa), and that there is a correlation between the two in amount of the conditions. Whether the relationship is a casual one, and, if so, in which direction and to what extent, is not clear. However, at the very least, the fact that the presence of truancy signals the presence of delinquency, and the fact that school nonattendance may precede the appearance of juvenile crime (e.g., Sommer 1985), make an examination of intervention into school nonattendance pertinent to a consideration of turnaround in delinquency.

TRUANCY IS A DIRECT STEPPINGSTONE TO CRIMINALITY

JEFF KASS, Los Angeles Times, March 31, 1996, Part B; Page 1; HEADLINE: Curfew Mulled As Way To Stem Truancy, Crime // acs-VT2000
     However, truancy itself is seen as a steppingstone to criminal activity.
 Said Deputy Dist. Atty. Kim Menninger, who handles truancy cases: ``I`ve never seen a gang member in Santa Ana who wasn`t a truant first.``

KIDS NOT IN SCHOOL DURING THE DAY COMMIT CRIMES

RAY HUARD, Staff Writer, The San Diego Union-Tribune,April 23, 1996, Pg. A-1, HEADLINE: San Diego loitering law targets truants, parents // acs-VT2000
     Nearly 44 percent of violent crimes committed by juveniles occur between 8:30a.m. and 1:30 p.m., ``when those very same juveniles are supposed to be in school,`` Golding said.

SCHOOL TRUANCY LEADS TO MANY OTHER FAILURES

B.G. GREGG, The Cincinnati Enquirer, June 21, 1995, Pg. C01, HEADLINE: Truancy teaches parents lesson // acs-VT2000
     Truancy is closely linked to poor academic performance, high dropout rates and increased juvenile crime; so officials have cracked down on school- skipping in the past two years.

HIGH SCHOOL DROP OUTS OFTEN BECOME CRIMINALS

DROPPING OUT OF SCHOOL LEADS TO A LIFE OF CRIME

Los Angeles Times, April 21, 1996, Part B; Page 8; HEADLINE: GROWTH SPURT IN JUVENILE CRIME // acs-VT2000
     Parents and schools need to increase their efforts to stop youngsters from dropping out. Lack of an education too often closes so many doors that juvenilesfeel they have no alternatives to crime. 

85-90% OF PRISON INMATES ARE HIGH SCHOOL DROP OUTS

Joe Becvar, The Fresno Bee, December 8, 1995 , Pg. B4, HEADLINE: Get schools involved // acs-VT2000
     Considering that on a national scale, 85 percent to 90 percent of prison inmates are high school dropouts, there must be a connection. There is no question that a lack of education contributes to crime and juvenile delinquency. 

POOR ACADEMIC PERFORMANCE LEADS TO ALCOHOLISM

POOR PERFORMANCE ON HIGH SCHOOL LEADS TO ALCOHOLISM

Rosa M. Crum, May, 1998, Journal of Studies on Alcohol; Pg. 318; HEADLINE: The association of educational achievement and school dropout with risk of // acs-VT2000 
	In prior studies, educational level and school dropout have been found to be associated with the development of alcohol abuse and dependence in adulthood (Crum et al., 1992, 1993). These studies were based on prospective data gathered as part of the Epidemiologic Catchment Area (ECA) surveys, which included a baseline and 1-year follow-up interview. One of the limitations of these earlier investigations was the relatively short observation period. In order to more fully to address this association, the current report utilizes data from the Woodlawn study, a 25-year prospective study of individuals originally identified while in first grade, reassessed during adolescence, and then re-interviewed as adults using the Composite International Diagnostic Interview (CIDI) (Robins et al., 1988). 

MULTIPLE CAUSES PROPEL POORLY PERFORMING STUDENTS INTO ALCOHOLISM

Rosa M. Crum, May, 1998, Journal of Studies on Alcohol; Pg. 318; HEADLINE: The association of educational achievement and school dropout with risk of // acs-VT2000 
	There are several explanations for a possible association between school dropout and underachievement and the development of alcohol use disorders. For example, the association may be due to a general tendency towards problem behavior and deviance. On the other hand, abnormal drinking behavior may be a method for coping with poor feelings and the alienation associated with failure. 

STUDENTS WHO ARE PERFORMING POORLY IN SCHOOL TURN TO ALCOHOL AS A COPING MECHANISM

Rosa M. Crum, May, 1998, Journal of Studies on Alcohol; Pg. 318; HEADLINE: The association of educational achievement and school dropout with risk of // acs-VT2000 
	Second, abnormal drinking behavior may be a method for coping with bad feelings and the alienation associated with failure. In this case, failure would be the inability to meet expected social goals, such as doing well in school and achieving good grades. School failure may result in low self-esteem which in turn may result in drinking as a way of alleviating unpleasant feelings. Students who do poorly in school may develop feelings of low self-worth, or symptoms of depression and anxiety. For example, recent prospective analyses have examined the relationship of depressed mood with the initiation of alcohol use and the development of alcohol-related problems in an epidemiologic sample of urban youth (Crum and Anthony, 1994). In that report, students who expressed symptoms of depressed mood were at increased risk for earlier alcohol initiation and the earlier development of alcohol-related problems relative to those without depressive symptoms. There was also a tendency for a dose response relationship with respect to this association, in that students with the greatest number of depressive symptoms had the earliest development of alcohol-related problems (Crum and Anthony, 1994). In addition, in some cross-sectional analyses, dose response evidence has been found for the relationship of alcohol consumption with the frequency of poor grades and suicidal ideation (Pierce et al., 1991). Students who are doing poorly in school may use alcohol as well as other substances to diminish depressive or anxiety symptoms and reduce feelings of inadequacy, or to increase their social acceptability with alternative peer groups. 

STUDENTS ARE BEGINNING TO DRINK ALCOHOL AT YOUNGER AND YOUNGER AGES

Carolyn L. Williams & Cherryl L. Perry, Alcohol Health & Research, February 1, 1998; Pg. 107; HEADLINE: Lessons from project Northland: preventing alcohol problems during adolescence; program on the prevention of alcohol use among adolescents // acs-VT2000
	Despite overall lower alcohol consumption in the United States, American youth drink more at younger ages. One study found that only 9 percent of respondents born between 1919 and 1929 reported first using alcohol (i.e., ``you first had a glass of beer or wine, or a drink of liquor such as whiskey, gin, scotch, etc.``) at age 15 or younger, compared with 33 percent of those surveyed who were born between 1971 and 1975 (Johnson and Gerstein 1998). Many youth drink alcohol regularly. In a 1995 survey, 25 percent of 8th graders, 39 percent of 10th graders, 51 percent of 12th graders, and 68 percent of college students reported drinking at least once during the 30 days prior to being surveyed (Johnston et al. 1996). In addition, the survey results suggest that many young drinkers consume multiple drinks per drinking occasion. Fifteen percent of 8th graders, 24 percent of 10th graders, 30 percent of 12th graders, and 40 percent of college students reported consuming five or more drinks in a row at least once in the 2 weeks before the survey (Johnston et al. 1996). 

ALCOHOL RELATED MORBIDITY AND MORTALITY ARE HIGHEST FOR ADOLESCENTS

Carolyn L. Williams & Cherryl L. Perry, Alcohol Health & Research, February 1, 1998; Pg. 107; HEADLINE: Lessons from project Northland: preventing alcohol problems during adolescence; program on the prevention of alcohol use among adolescents // acs-VT2000
	The widespread and often heavy alcohol use by adolescents are associated with significant morbidity and mortality (e.g., Chassin and DeLucia 1996) that are not confined to the group of more extreme users. In fact, because the general population includes more light and moderate drinkers than heavy drinkers, the former experience more alcohol-related problems as a group, even though as individuals they are at less risk than heavier drinkers (National Institute on Alcohol Abuse and Alcoholism [NIAAA] 1994). This finding has tended to shift the focus of prevention efforts away from the identification of problem drinkers toward the prevention of alcohol use during adolescence (Wagenaar and Perry 1995). 

AFFIRMATIVE SOLVENCY -- GENERAL

page	Argument

341		Education system can be changed 				easily & quickly
342		More funding will solve problems
343		Students will use opportunities
343		Piecemeal change is acceptable
343		Discipline can be regained
344		Racial test score gap can be 					bridged

 EDUCATION SYSTEM CAN BE CHANGED PRODUCTIVELY

MAJOR CHANGE IN EDUCATION IS POSSIBLE

Clarence N. Stone, professor of government and politics at the University of Maryland, 1998, CHANGING URBAN EDUCATION ``Civic Capacity and Urban School Reform,`` edited by Clarence N. Stone, EE2000-hxm p.276
	It should be remembered that the now-faltering system of education run by autonomous and nonpartisan professionals came into being in a drawn-out process, spread unevenly over time and place. It is just possible that the piecemeal changes now cumulating may add up to a more profound alteration than we can grasp at this stage. Though systemic reform is an elusive goal, going back to the old ways seems unlikely. Change appears inevitable. Indeed it may be that experiences as diverse as reconstituted schools in San Francisco and EBC-designed schools in Brooklyn foretell a changed relationship between educators and community. Early signposts of change are not always clearly marked.

STUDIES SHOW THAT THE EDUCATIONAL CULTURE OF A SCHOOL CAN CHANGE QUICKLY

Charles A. Reavis, The Clearing House March 1, 1999; Pg. 199; HEADLINE: Importing a culture of success via a strong principal. // acs-VT2000
	Reavis (1986) and more recently Joyce and Calhoun (1996) have found that change can occur quickly. Joyce and Calhoun (1996) capture that phenomenon well: ``Children respond to improved learning environments right away`` (177, emphasis in the original). Not only did student performance improve as measured by the state-mandated test, but the improvement was broad-based, including improvements in interschool competitions, students` perceptions of personal efficacy, and students` recognition that the learning they were expected to do had utility beyond school, one of the standards of authentic teaching (Newman and Wehlage 1996). 

DEEP CHANGE IN SCHOOLS AND THE CULTURE SURROUNDING THEM CAN TAKE PLACE QUICKLY

Charles A. Reavis, The Clearing House March 1, 1999; Pg. 199; HEADLINE: Importing a culture of success via a strong principal. // acs-VT2000
	The message is clear. Schools and school leaders do not have to work for years to bring about deep change in schools. Cultures that hold the values of success, trying hard, believing in oneself, and never giving up until the job is done and done well can be imported into a school that has a very different culture. The importing of this culture is independent of the ethnicity of the students, their socioeconomic status, or the isolation and tradition that may be associated with a rural location. 

MORE FUNDING WILL IMPROVE ACADEMIC ACHIEVEMENT

THERE IS A LINK BETWEEN SPENDING AND STUDENT ACHIEVEMENT

KAREN ANDERSON, DIRECTOR OF ADVOCACY RESEARCH, NATIONAL SCHOOL BOARDS ASSOCIATION. 1997, THE EDUCATION DIGEST, PUBLIC SCHOOL SPENDING: THE TRUTHTEE2000 HT P 5
	Another myth Is that there Is no link between school expenditures and student achievement-that the money the public spends on education does not lead to higher test scores. But researchers reviewing several hundred studies looking at the relationship between spending and student achievement found a consistent and positive relationship: Spending does increase student achievement. In particular, there is a strong link between student achievement and both perpupil expenditures and teacher experience.

57
SAT SCORES SHOW LINK BETWEEN SPENDING AND STUDENT ACHIEVEMENT

KAREN ANDERSON, DIRECTOR OF ADVOCACY RESEARCH, NATIONAL SCHOOL BOARDS ASSOCIATION. 1997, THE EDUCATION DIGEST, PUBLIC SCHOOL SPENDING: THE TRUTHTEE2000 HT P 5
	When SAT exam scores are properly analyzed, there is a strong relationship between statewide test scores and state per-pupil expenditures. Likewise, both ACT scores and National Assessment of Educational Progress (NAEP) scores are positively related to state expenditures for public education.

SCHOOL DISTRICT TEST SCORES AND EXPENDITURES RISE TOGETHER AS LONG AS VARIABLES ARE TAKEN INTO ACCOUNT

KAREN ANDERSON, DIRECTOR OF ADVOCACY RESEARCH, NATIONAL SCHOOL BOARDS ASSOCIATION. 1997, THE EDUCATION DIGEST, PUBLIC SCHOOL SPENDING: THE TRUTH``HEE2000 HT P 5
	Particularly when looking at school district test scores, comparisons do not take into account other underlying factors that erode student achievement and place pressure on school districts to spend money they didn`t have to spend before (e.g., increases in special populations, the rise of drugs and violence in communities, the impact of ``latchkey`` families, rising numbers of single-parent families, etc.). 
	Researchers do find that SAT scores and expenditures rise together, as long as underlying variables such as class ranking and participation rates are taken into account. (Likewise, forACT exam scores, spending and ACT scores were positively related, independent of the participation rate and class rank variables.)

STUDENTS WILL TAKE ADVANTAGE OF OPPORTUNITIES

CHILDREN WANT TO ESCAPE THE DECAY AND DESPAIR OF THEIR ENVIRONMENT

Loretta J. Brunious, 1998, ``HOW BLACK ADOLESCENTS SOCIALLY CONSTRUCT REALITY`` EE-2000 //GJL p. 115
	Again, the students` remarks are insightful and rich. Their sense of need and want do not diverge: each of these children would escape the decay and degradation of their environment if they could. They would each design a place and a set of adults who could help them accomplish this extraordinary dream. The dream school stands in stark contrast to their environment: it is ``rebuilt,`` ``marble,`` ``walls that are redone,`` and ``tinted windows`` so that they can ``see out.`` This school has ``no graffitti;`` it has materials, equipment, ``a lunch lady who can cook,`` and ``somebody who can ``mop the floor every night.`` Here, the kids can come ``on the weekends to do extra work,`` but ``there would be rules.`` Mostly, cinew teachers would feel good about the students.`` When these children speak of their reality-the Omnipresent gangs, violence, and decay-they are tough in a world of constant conflict, a ``War zone`` populated by unfeeling and uncaring adults. But given the chance to dream, they know with certainty what kind of people and environment they need to realizwe themselves through education The pilot study (see appendix A), shows children who focus on curriculum and excelling-with no mention of gangs, physical plant or teacher behavior.

ACADEMIC SUCCESS IS A SOCIAL BENEFIT, SO THERE IS NO SOCIAL DISINCENTIVE

CHRISTOPHER JENCKS, Harvard, & MEREDITH PHILLIPS, UCLA, 1998; THE BLACK WHITE TEST SCORE GAP, ``Introduction`` H acs-VT2000 p. 34
	Getting As in math is almost unrelated to being threatened, feeling put down by other students, and feeling unpopular. Honor society members appear to feel less threatened and more popular than other students.
The social costs and benefits of academic success are about the same for blacks and whites. Where racial differences do arise, blacks usually benefit slightly more than whites from academic success.

PIECEMEAL CHANGE IS ACCEPTABLE

PIECEMEAL CHANGE IN LIEU OF SYSTEMIC CHANGE IS INEVITABLE

Michael N. Danielson, Professor of Public Affairs and politics at Princeton University, and Jennifer Hochschild, Professor of Public Affairs and politics at Princeton University, 1998, CHANGING URBAN EDUCATION, ``Changing Urban Education: Lessons, Cautions, Prospects,`` edited by Clarence N. Stone, EE2000-hxm p.294
	In this political world, no reform proposals-about either educational practices or processes-are so persuasive that they are likely to create broad-based coalitions committed to massive change. And without such a coalition or central direction, educational policyrnakers are unlikely to agree -even within a district, never mind across districts-on revolutionary new strategies or paths of action. Thus piecemeal incrementalism appears inevitable, with the pace and direction of change strongly influenced by the particular context. Many will continue to do a bit of this or that, or switch course before the previous reform has had much of a test-responses that will themselves be encouraged by the endless succession of reform proposals, most of which neither produce the promised results nor are persuasively evaluated. We are sorry to conclude, therefore, that the most powerful message emerging from these studies is that given the configuration of local political forces, there are no clear rules about how to create, sustain, or motivate either educational reform from below or the pursuit of national goals from above.

 DISCIPLINE CAN BE REGAINED IN AMERICAN PUBLIC SCHOOLS

JACKSON TOBY, professor of sociology at Rutgers University, September 22, 1998, The Public Interest, HEADLINE: Getting serious about school discipline; School Report, part 2 // acs-VT2000
	Order, though difficult to regain, is not irretrievable in public secondary schools. Regaining it requires a recognition that schools should not be recreation centers for teenagers; they should be places where teachers demand that serious learning take place, whether the learners are 13 or 43. No, American students are not scared of their teachers, but some teachers are scared of their students. Which is worse? 

RACIAL TEST SCORE GAP CAN BE BRIDGED

CHANGES IN EDUCATIONAL POLICY CAN NARROW THE BLACK-WHITE TEST SCORE GAP

CHRISTOPHER JENCKS, Harvard, & MEREDITH PHILLIPS, UCLA, 1998; THE BLACK WHITE TEST SCORE GAP, ``Introduction`` // acs-VT2000 p. 30
	A substantial number of randomized experiments suggest that smaller classes raise test scores. The largest of these studies is the Tennessee class-size experiment, which covered 6,572 children in 76 schools. It found that cutting class size by a third between kindergarten and third grade (from about 23 to about 15) raised both reading and math scores by about a third of a standard deviation for blacks and by a sixth of a standard deviation for whites. After children moved to larger classes in fourth grade, the benefits associated with having been in smaller classes began to diminish, especially for blacks. But the benefits were still sizable at the end of the seventh grade, which is the last year for which `we currently have data.

63
CUTTING CLASS SIZE AND IMPROVING TEACHER QUALITY WILL NARROW THE BLACK-WHITE TEST GAP

CHRISTOPHER JENCKS, Harvard, & MEREDITH PHILLIPS, UCLA, 1998; THE BLACK WHITE TEST SCORE GAP, ``Introduction`` // acs-VT2000 p. 44
	The two policies that seem to us most likely to combine effectiveness with ease of implementation are cutting class size and screening out teachers with weak academic skills. Cutting class size is clearly expensive, although we might be able to make some progress by moving existing teachers back into regular classes.`` Selecting teachers with higher test scores would not be expensive in districts that now have more applicants than openings, but it would require higher salaries in many big cities.

AFFIRMATIVE INHERENCY -- GENERAL

page	Argument

346		General inherencies 				to pick from

 POTENTIAL AFFIRMATIVE INHERENCIES

FEDERAL POLICYMAKERS KNOW THEY WILL NOT BE HELD ACCOUNTABLE, SO THEY ACT IRRESPONSIBLY.

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	Finally, because Washington plays, in the end, such a marginal role in education, it feels free to do as it pleases. Washington furnishes just 7 percent of the K-12 education budget. Federal officials know very well that nothing they do will have great impact. Since they`re not ultimately responsible for what happens in the schools, heedlessness comes easy to them. They rarely behave quite so immaturely in policy areas where Uncle Sam plays the lead role, such as national defense, Social Security, and international trade. 

CLAMOR TO ``DO SOMETHING`` LEADS TO COUNTLESS NON-PRODUCTIVE ATTEMPTED SOLUTIONS AT ALL LEVELS OF GOVERNMENT

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	To begin with, there is the ceaseless clamor for someone to do something. Education is clearly a problem that voters want solved. The simplest way to give at least the appearance of action is to propose another program. Of course, this impulse isn`t confined to Washington. Many governors, legislators, mayors, and aldermen have spent their way into citizens` hearts with pricey education programs. 

EDUCATION POLICIES ARE SHAPED BY ABSTRACT CONCEPTS DRAWN FROM FOCUS GROUPS

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	Another contributing factor is the political class`s devotion to focus groups and polls. The public is not sure how to reform education and rather naive about the real problems. The easiest, surest way to appeal to such voters is to offer instant solutions, like shrinking classes or refurbishing buildings, which won`t actually solve any real problems. But one does thereby avoid being called ``anti-education`` - a label slapped on those who would overhaul or scrap some dysfunctional program or disrupt an established interest. 

COURTS GIVE CONTROL OF CURRICULUM TO EDUCATORS

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	The courts have found that curriculum is an area in which educators retain substantial discretion. See Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260 (1988); Virgil v. School Bd., 862 F.2d 1517 (11th Cir. 1989). Nevertheless, in the curricular area public schools have conflicting pressures -some to expand the curricular offerings and others to contract them. An impetus to expand is expressed in Board of Educ. v. Pico, 457 U.S. 853 (1982). In a confusing array of seriatim opinions, the majority of the Supreme Court, in striking down the censoring of a school library, appeared to agree that students have a First Amendment right to some range of literature and information. Much of the recent litigation in respect to curriculum has been mostly unsuccessful suits by fundamentalist Christians to curtail the exposure of their children to certain doctrines. See, e.g., Smith v. Board of Sch. Comm`rs, 655 F. Supp. 939, rev`d, 827 F.2d 684 (11th Cir. 1987) (claiming that schools` curriculum constitutes secular religion); Mozert v. Hawkins County Bd. of Educ., 827 F.2d 1058 (6th Cir. 1987), cert. denied, 484 U.S. 1066 (1988) (challenging the content of readers as inconsistent with fundamentalist Christian beliefs).

CHOICE/VOUCHER AFFIRMATIVE CASE

page	Argument

348	Choice brings market forces to education
349	Choice requires government out and for-profit schools in
350	Must go all the way to a free market in education
351	Inherencies
357	Advantage: Choice produces a better school system
358	Advantage: Choice improves academic achievement
359	Advantage: Choice improves equal educational opportunity
360	Solvency: Market forces and competition solve
361	Solvency: Overcome bureaucracy
362	Solvency: Schools succeed because they have autonomy
363	Solvency: Improves teachers and teaching
364	Solvency: Very popular
365	Solvency: East Harlem example
366	Solvency: Cambridge example
367	Solvency: Affordable, legal, easy to implement
368	No crackpot schools will develop
369	Answers to choice counterplan

SCHOOL CHOICE PLAN OUTLINED

TRUE FREE MARKET SCHOOL CHOICE OUTLINED

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	The most promising school choice initiatives operate on the premise that nothing short of a free market for schools will create the proper incentives for improvements in education. n19 Proponents of school choice believe the availability of for-profit schools  [*26]  will infuse competition into primary and secondary education, thereby fostering improvement. In practice, school choice would entail the distribution of a tax ``voucher`` to parents which would be redeemable as tuition dollars for a student`s enrollment in the public, private or for-profit school of the parents` choice. n20 

SCHOOL CHOICE ALLOWS MARKET FORCES TO REGULATE EDUCATION

VOUCHERS GIVE THE FUNDS DIRECTLY TO PEOPLE IN NEED, NOT TO INSTITUTIONS

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	The argument for vouchers is that a program designed to help people in need should channel the resources directly to them, not to institutions, intermediaries, or experts. Giving families cash empowers them while also building incentives for providers to develop appealing, effective programs. Furthermore, they make disadvantaged children financially attractive to schools and other service providers. The question most often asked about vouchers is whether families can be trusted to do right by their own children. We think the answer is usually yes - and experience with publicly and privately funded voucher plans all over the country seems to confirm that intuition. 

MARKET FORCES REGULATE AGAINST HIERARCHICAL CONTROL

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.38
	The advantages of autonomy are weakened when school leaders have agendas of their own that schools are intended to further, regardless of what parents and students might want. In some orga nizations--churches, for instance-those in charge may prefer ``pure`` schools to growing, prosperous ones, and the obvious way to see that their schools toe the line is through bureaucratic subordination. In private sector education, however, just as in other market settings, the hierarchical imposition of such an agenda on schools involves a painful trade-off. if schools are constrained in their efforts to please clients, dissatisfied clients can leave. Superiors seeking purity in their schools may consider this an acceptable price to pay, but it is still a price-one that threatens organizational well-being, can be fatal if unchecked, and can be countered by granting the schools a greater measure of autonomy. Thus, even if there are higher-order values to be pursued, market forces still discourage tight hierarchical control in favor of more autonomy. They also tend to weed out, through natural selection, organizations that ignore these market signals.

ONLY BY FREEING THE SUPPLY AND GOVERNANCE OF SCHOOLS CAN CHOICE PLANS SUCCEED OTHERWISE THE PROBLEMS WILL CONTINUE

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.208
	Third, any choice plan that upsets the traditional structure of public education generates intense opposition from established groups. As a result, most of the choice plans that get put into effect (or, for that matter, even gain serious attention) are grafted onto the traditional system and make only marginal changes in it. Choice becomes part of a big compromise among contending political powers-no one loses jobs, no bad schools are closed down, vested interests remain securely vested the basic structure of the system stays the same. In a nutshell, this is why reforms always focus on giving parents and students choice, but never free up the supply and governance of schools. Parentstudent choice is popular, and it can be accomplished with minimal disruption to traditional structures, while real change on the supply side is fundamentally threatening to established interests and hence never gains political acceptance. The reality, therefore, is that choice plans fail to take advantage of what choice really has to offer-and they leave intact the crippling institutional causes of the schools` past problems.

SCHOOL CHOICE PLAN MUST HAVE GOVERNMENT OUT AND FOR-PROFIT SCHOOLS IN

NEW ENTITIES SHOULD BE ALLOWED TO ESTABLISH SCHOOLS IF THEY WISH, AND SHOULD RECEIVE GOVERNMENT SUPPORT

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	Finally, local public school monopolies need competitors. Entities besides local school boards and state bureaucracies should be allowed to create and run schools. Private and nonprofit managers should be encouraged to do so. Any school that is open to the public, paid for by the public, and accountable to public authorities for its performance should be deemed a ``public school`` and be found eligible for all forms of federal aid. 

GOVERNMENT WOULD HAVE A MINIMAL ROLE IN TRUE CHOICE PROPOSAL

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	Although educational choice does reserve a role for government participation and even regulation, the responsibility of government necessarily would be limited to the distribution of tax revenues and regulation of only the most essential aspects of education.

INCLUSION OF FOR-PROFIT SCHOOLS IN A VOUCHER SYSTEM WOULD MAKE SCHOOLS MORE EFFECTIVE AND MORE AFFORDABLE

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	By contrast, although any competitive voucher system will require parents to absorb the expense of tuition costs exceeding the value of the tax voucher, the inclusion of for-profit schools within the system will promote cost competition and efficiencies which have been lacking in our non-profit system. Ultimately, if the financial viability of every school depends on its cost efficiency and the achievement of its students, our educational system should become more affordable and more effective.

TRUE COMPETITION CAN ONLY EXIST WHEN FOR-PROFIT SCHOOLS ARE INCLUDED IN A SCHOOL CHOICE PROGRAM

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	  The inclusion of for-profit schools is, therefore, essential to the creation of true competition. Choice plans which exclude forprofit schools from participation fail to create a competitive market system.

SCHOOL CHOICE PLANS WHICH DO NOT GO ALL THE WAY TO A FREE MARKET ARE UNACCEPTABLE

DEMAND SIDE CHOICE FAILS BECAUSE OF ITS RELIANCE ON CURRENT STRUCTURES. ONLY SUPPLY SIDE LOOSENING OF REGULATIONS CAN SUCCEED

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.207-208
	The second is that virtually all choice plans --are entirely
demand focused: they offer parents and students a measure of choice among schools. Period. Rarely do these plans take any steps to free up the supply side by decontrolling-or, at least, encouraging and promoting through official actions-the emergence of new and different types of schools, so that people really have an attractive and dynamically responsive set of alternatives from which to choose. Instead, choice is usually restricted to a fixed set of existing schools, which reformers hope to improve through the ``competition`` that choice will presumably stimulate. All these schools, however, have their existence and financial support guaranteed; actions are inevitably taken to ensure that no schools are ``underenrolled`` (a bureaucratic euphemism for what happens when schools are so bad no one wants to attend them); schools that do the worst are implicitly rewarded, because they tend to be the first in line for bigger budgets and more staff; and all the usual formal rules and democratic controls continue to apply in constraining what the schools are able (and want) to do in changing their behavior. Under these conditions, giving parents and students choice among schools cannot in itself be expected to produce vigorous, healthy competition among schools. The supply side has to be freed up if that is to happen.

TUITION VOUCHERS IN THE ABSENCE OF FOR-PROFIT SCHOOLS THREATENS TO DIVIDE SYSTEM INTO HAVES & HAVE NOTS

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	Unlike the present system, in a competitive environment the cost of education should not be a barrier to a student`s attendance at the best regional school. In the absence of a true competitive system with for-profit participants, the effect of tuition vouchers could be negated by private schools increasing their tuition costs by the amount of the universally distributed voucher. Those wealthy enough to send their children to a private school would continue to do so, and the rest would be left to choose among various public school choices. 

MILWAUKEE CHOICE PLAN WAS NOT A TRUE CHOICE PLAN BECAUSE RELIGIOUS AND FOR-PROFIT SCHOOLS WERE EXCLUDED

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	Moreover, the report also mischaracterized the Milwaukee plan as a private choice initiative, despite the fact that religious and for-profit schools were excluded from participation while all Milwaukee public schools were  [*44]  included.

MILWAUKEE CHOICE PLAN WILL FAIL BECAUSE IT IS NOT REALLY TRUE CHOICE

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	Despite these limitations, few reformers oppose the Milwaukee plan. Instead, their concern is that it will be regarded as a true test of a market system of education. As Professor Myron Lieberman explains, ``The Milwaukee plan is likely to turn out poorly precisely because it is not a competitive market system of education.`` n112 Until a true competitive market experiment is implemented, conclusions regarding the efficacy of a market system of education are premature.

INHERENCY -- GOVERNMENT SCHOOLS CANNOT HANDLE STAFFING PROPERLY

TEACHERS BENEFIT FROM SENIORITY, NOT QUALITY, IN GOVERNMENT SCHOOL SYSTEM

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	With the growth in size of the education bureaucracy and the continued reliance on salary schedules influenced far more by seniority and the possession of degrees and teaching certificates than by merit, Professor Friedman`s comments have retained their validity more than a quarter-century after the publication of Capitalism and Freedom.

LACK OF COMPETITION IN EDUCATION ATTRACTS LOWER QUALITY EMPLOYEES INTO TEACHING

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	Moreover, the dearth of competition in the education marketplace attracts less qualified applicants to teaching. See Carnegie Forum on Educ. and the Econ., supra note 48, at 29 (1986) (comparing the dramatic difference in mathematics and verbal SAT scores for all college-bound seniors and intended education majors and concluding ``these rough measures of academic ability suggest that even with a modest improvement in performance during the past few years, those students contemplating teaching careers continue to lag behind the performance of the average college-bound student by a substantial margin``); see also Robert M. Hardaway, America Goes to School 163 (1995) (``The average SAT score for aspiring teachers is 389 out of a possible 800.``). 

THE LACK OF AUTONOMY OVER PERSONNEL RENDERS SCHOOLS UNABLE TO EFFECTIVELY EDUCATE

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.155
	To sum up personnel constraint, we have a comprehensive index that includes all of the indicators described in table 5-5. As measured by this index, personnel constraint is above average in fewer than 10 percent of the schools with effective organizations. It is above average in nearly half of the schools with ineffective organizations. Schools with organizational problems are simply much more likely than schools without such problems to be limited by external authorities in staffing their organizations. Schools with organizational problems are also more likely to be more constrained by external administrators in all regards. Bureaucratic influence is much stronger-and autonomy is much weaker-in ineffective schools than in effective ones.

INHERENCY -- GOVERNMENT SCHOOLS ARE TRAPPED BY RESTRICTIVE UNIONS

UNIONS CONSTRAIN SCHOOLS THAT HAVE THE MOST PROBLEMS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.171-172
	There is an alternative to this institutional explanation, however. And it too is supported by the profiles of constrained and unconstrained schools. It is possible that unions, the primary source of constraint in our index, work hardest to constrain school personnel decisions when schools cause teachers the most serious problems. Thus we find that constraint is much greater in schools where students are having difficulties than in schools where students are enjoying success. More than 60 percent of the schools that are low in personnel constraint have students above average in tenth grade achievement and achievement gains. Only 40 percent of the schools with high personnel constraint have students who are doing so well. The difference is even greater for student behavior. Discipline is an above-average problem in 84.7 percent of the schools that are strongly constrained. It is an above-average problem in only 23.8 percent of the schools that are weakly constrained.

BUREAUCRATIC SCHOOL SYSTEMS ARE MADE INEFFECTIVE BY UNIONS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.

	These pressures, arising from the most fundamental properties of democratic control, are compounded yet again by another special feature of the public sector. Its institutions provide a regulated, politically sensitive setting that is conducive to the power of unions, and unions protect the interests of their members through formal constraints on the governance and operation of schools-constraints that strike directly at the schools` capacity to build well-functioning teams based on informal cooperation.

UNIONS IMPOSE RESTRICTIONS ON SCHOOLS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.49
	Unions also make demands about the structure of teachers` right down to the number of minutes of preparation time, assignments to lunch or hall duty, tutoring students, participating in extracurricular activities, and anything else teachers might be asked to do (or want to avoid doing). And more generally still, unions make demands about the structure of the school as a whole, intended to carve out larger spheres of influence for teachers in the making of school policy-and intended, in particular, to ensure that teachers are protected from discretionary acts of authority by the principal./

INHERENCY -- GOVERNMENT SCHOOLS ARE PLAGUED BY BUREAUCRACY

STATUS QUO INSTITUTIONS PUSH PUBLIC SCHOOLS INTO INEFFECTIVE BUREAUCRACY

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.66
	It is worth noting, finally, that even the lucky public schools, the ones with nice environments, do not escape entirely from the bureaucratizing tendencies of democratic control. They are still creatures of public authority, and, for this very fundamental reason, can never really be ``like`` private schools. Their relative autonomy is tenuous: it can be chipped away or simply destroyed should problems arise that propel the authorities to respond. And even as they enjoy autonomy, they tend to have less real discretion than a market setting would grant them-for their personnel, goals, leadership, and practices are all constrained by formal rules, protections, and requirements that, although less restrictive and troublesome than those for urban schools, are still likely to go beyond what the typical school must endure in a market setting.
	This is why it is so important to understand the central tendencies of the two systems and their institutional foundations. The most basic causes of ineffective performance among the nation`s public schools are only partially reflected in the differences between urban and nonurban schools, and it is a bit misleading, as a result, to think that we can learn what we need to know by restricting ourselves to an analysis of public schools. In our view, it is really what these public schools have in common-their subordination to public authoritythat is at the root of the system`s problems, and that inexorably skews the entire distribution of public schools toward the bureaucracy end of the continuum. Only when we take the public system as a whole and compare it with something else-to a market system, in our casedo these fundamentals and their wideranging consequences strikingly stand Out. 

BUREAUCRACY DENIES THE DISCRETION NECESSARY TO EFFECTIVELY TEACH

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.36-37
	A second basic reason has to do with the purely administrative requirements of controlling education from above. Effective bureaucracy is commonly built around rules that specify appropriate behavior, rewards and sanctions that encourage such behavior, and monitoring to ascertain whether goals are being met, whether rules are being followed, when rewards and sanctions are called for, and whether rules and incentive systems need to be adjusted. All are rendered highly problematic in education, because good education and the behaviors conducive to it are inherently difficult to measure in an objective, quantifiable, formal manner. 15 The measurement problem makes it difficult or impossible for education administrators to know what they are doing-and their controls, as a result, threaten to be ill suited to the ends they want to achieve.
	While virtually everyone in a given school typically knows who the good teachers are, for instance, their assessments arise from actual experience and judgment, not from formal tests of teaching competence. As teachers are quick to point out, there are no formal tests that can adequately tap the intangible qualities that make someone good or bad at the job, it is impossible to hand down a set of rules from on high that will somehow transform bad teachers into good onesand it is organizationally counterproductive to reward and sanction teachers on these grounds. For the most part, the people at the bottom of the hierarchy do not have a serious measurement problem. They essentially solve it without really trying, just by taking part in the everyday life of the school. The people at the top are the ones with the measurement problem. The organization as a whole has a serious measurement problem only to the extent that there are people at the top who try to control the people at the bottom.

BUREAUCRACY PREVENTS EFFECTIVE SCHOOLS. HOWEVER IT IS THE ONLY THING REFORMERS CAN CHANGE

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.166
	Bureaucratic influence is quintessentially such a factor. Bureaucratic control is, after all, what reformers and others trying to make schools more effective use to implement their innovations. Bureaucratic control is therefore not only the strongest influence on school organization, it is the one influence that reformers have firmly within their grasp.
	Bureaucratic control is also probably more influential than our analysis has indicated. As our analysis stands, we estimate that bureaucratic influence is powerful enough to make the difference between effective and ineffective school organization. But the full strength of this influence is almost certainly being masked by estimates of student and parent influences that are too high. Because the quality of students and parents in a school is influenced by the quality of` school organization, our model, which gives the school no credit for this influence, will tend to overestimate the effects that students and parents have on schools. For the same reason, our model may underestimate the effects of external control. Unless bureaucratic control is caused indirectly by school organization, it may be an even more important influence on school effectiveness than our estimates have indicated. Let us take up that final issue, then, the causes of` bureaucratic control.

INHERENCY -- POLITICAL CONTROL OF SCHOOLS PREVENTS NEEDED CHANGES

SYSTEMS OF DEMOCRATIC CONTROL PRODUCE INEFFECTIVE SCHOOLS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.21
	In the chapters to follow, then, we will do more than simply assert that schools are destined to reflect their institutional settings. We will explain in concrete terms and at some length why this should be the case, paying special attention to the prevailing system of public education, to the kinds of decisions people are constrained to make within it, and to the consequences their decisions jointly have for the organization of schools.
	Our analysis shows that the system`s familiar arrangements for direct democratic control do indeed impose a distinctive structure on the educational choices of all the various participants-and that this structure tends to promote organizational characteristics that are illsuited to the effective performance of American public schools. This social outcome is the product of countless individual decisions, but it is not an outcome that any of the major players would want or intend if acting alone. It is truly a product of the system as a whole, an unintended consequence of the way the system works.

STATUS QUO INSTITUTIONS OF DEMOCRATIC CONTROL PREVENT SCHOOL AUTONOMY AND EFFECTIVENESS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLSEE2000-sae p.183-184
	Autonomy turns-out to be heavily dependent the institutional structure of school control. In the private sector, where schools are controlled by markets-indirectly and from the bottom up -- autonomy is generally high. In the public sector, where schools are controlled by politics-directly and from the top downautonomy is generally low. Under special circumstances-in nonurban systems with good students and able parents--autonomy can be high in the public sector too. But the fact remains, institutions of democratic control work systematically and powerfully to discourage school autonomy and, in turn, school effectiveness. If public schools are ever to become substantially more effective, the institutions that control them must first be changed.

DIRECT DEMOCRATIC CONTROL OF SCHOOLS LIMITS AUTONOMY. THIS IS THE SINGLE LARGEST FACTOR COMPRISING SCHOOL EFFECTIVENESS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.183
	We have a different theory than other observers, however, about why all of this has happened. Our reasoning is that much of it is an inevitable and logical consequence of the direct democratic control of schools. Except under special conditions, we believe, the existing institutions of democratic control are simply inconsistent with the autonomous operation and effective organization of schools.
	The data that we examined in this chapter are consistent with our expectations. Autonomy has the strongest influence on the overall quality of school organization of any factor that we examined. Bureaucracy is unambiguously bad for school organization. But bureaucracy is not the most fundamental impediment to more effective schools. That distinction belongs to direct democratic control.

DEMOCRATICALLY CONTROLLED SCHOOLS CANNOT PROVIDE AUTONOMY. THIS PREVENTS REFORMS WITHIN THE SYSTEM FROM SUCCESSFULLY INCREASING ACADEMIC ACHIEVEMENT.

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLSEE2000-sae p.194
	As we showed in chapter 5, the power of these institutional forces is graphically reflected in our sample of American high schools. Having cast our net widely to allow for a full range of noninstitutional factors that might reasonably be suspected of playing causal roles, we found that virtually all of them fall by the wayside. The extent to which schools are granted the autonomy they need to develop more effective organizations is overwhelmingly determined by their sector and the niceness of their institutional environments.
	Viewed as a whole, then, our effort to take institutions into account builds systematically on mainstream ideas and findings-but, in the end, puts a very different slant on things. We agree that effective organization is a major determinant of student achievement. We also agree that schools perform better the more autonomous they are and the less encumbered they are by bureaucracy. But we do not agree that this knowledge about the proximate causes of effective performance can be used to engineer better schools through democratic control. Reformers are right about where they want to go, but their institutions cannot get them there.

POLITICAL GOALS CAUSE HAVOC FOR SCHOOLS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICAS SCHOOLS EE2000-sae p.54
	Second, there is no necessary coherence to the overall structure of school goals. In politics, whoever gains public authority can impose almost anything they want on the schools, regardless of what has been imposed by others in the past or might be imposed in the future, Schools can therefore be asked to move in every direction at once, from sex education to psychological counseling to the socialization of immigrants to vocational training to desegregation to mainstreaming of the handicapped to bilingual education. Somewhere in all this, they are also expected to provide students with ``academic excellence.``

INHERENCY -- GOVERNMENT SCHOOLS STOP PRINCIPALS FROM MAKING SCHOOLS EFFECTIVE

STATUS QUO LIMITS THE LEADERSHIP OF PRINCIPALS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.83
	If successful schools are in fact schools that have a strong academic missions and other characteristics of effective organization, they may owe much of their success to their principals. Schools work in complex environments that impose all sorts of demands. Parents have countless ideas about what schools should do, and all schools must take parents into account. All schools have governing boards whose demands schools are obligated to meet. Most schools, and certainly all public schools, are surrounded by some sort of administrative apparatus that sees to it that the demands of local, and increasingly, federal and state authorities, are carried out. The problem for schools, and for the principals who must run them, is that there is no guarantee that this welter of demands will be consistent in any way, shape, or form with effective school organization. Indeed, as we argued earlier, the demands on public schools, the accumulated products of several levels of political decisionmaking, are likely to be inconsistent with effective organization.

STRONG PRINCIPALS LEAD EFFECTIVE SCHOOLS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLSEE2000-sae p.83-84
	Whether schools are public or private, however, principals are likely to shape their organizations. Principals must decide how schools should respond to the barrage of demands from authorities and interests on the outside. They must decide which demands to deflect and which ones to accommodate. Research has shown that it is often difficult for principals to manage these demands very effectively: the external pressures on today`s principals are sometimes simply overwhelming. But research has also shown that successful schools are more strongly led. Effective schools seem to be headed by principals who have a clear vision of where they are going, who are knowledgeable enough about teaching and education to help teachers and students work toward desired ends, and who are able to protect schools from the kinds of demands that make it difficult for schools to operate on a professional basis. 

EFFECTIVE SCHOOLS HAVE PRINCIPALS WHO VALUE CONTROL OVER THE SCHOOL

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.84-85
	We used these responses to create a composite measure of the principal`s motivation. Principals who were more interested in gaining control over their schools-in one way or another-were less interested in advancing their careers. Accordingly, we decided to gauge a principal`s motivation by taking the difference between the two (where motivation for control is measured by the highest ranked of the three control dimensions). Principals who score high on this composite measure are motivated more by concerns for career than by desires for control. In table 3-6 we report on the negative of this measure, the propensity of principals to be motivated by control. A clear majority of the principals in high performance -schools are highly motivated by control, whereas only a fifth of the principals in low performance schools are so highly motivated.

INHERENCY -- SPECIAL INTEREST GROUPS PREVENT REFORM IN GOVERNMENT SCHOOLS

SPECIAL INTEREST GROUPS PREVENT ANY MEANINGFUL REFORM IN THE STATUS QUO

John E. Chub & Terry M. Moe, Brookings Institution 1990; POLITICS, MARKETS, & AMERICAS SCHOOLS EE2000-sae p.11-12
	There are two basic reasons why institutional issues have consistently been ignored. The first is political. When it comes to educational decisionmaking, particularly at the state and local levels where effective authority resides, the most powerful political groups by far are those with vested interests in the current institutional system: teachers` unions and myriad associations of principals, school boards, superintendents, administrators, and professionals-not to mention education schools, book publishers, testing services, and many other beneficiaries of the institutional status quo.
	These groups are opposed to institutional change, or at least any such change that is truly fundamental. Current arrangements put them in charge of the system, and their jobs, revenues, and economic security depend on keeping the basic governance structure pretty much as it is. They do struggle among themselves for power. Most obviously, teachers, as the perennial bureaucratic underlings, are constantly striving to enhance their authority and status. Yet these are intrasystem squabbles among the established players, none of whom ever seriously suggests that, to promote more effective schooling, the system as a whole might possibly require an overhaul. They have a common interest in institutional stability. The vast majority of politicians-in state legislatures and on school boards, especially therefore have no incentive to take up the cause of institutional reform. Indeed, there would be heavy political costs to pay for even giving the issue serious public consideration. The practical effect is that it never really comes up at all. It is a nonissue.

ESTABLISHED EDUCATIONAL INTERESTS WILL PREVENT ANY STATUS QUO REFORMS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLSEE2000-sae p.12-13
	The educational system is hardly unusual in this regard. All social institutions are protected and stabilized in much the same way. Through their structures and the normal course of their operations, they generate all manner of benefits-for their leaders and members, the recipients of their services, and the suppliers of their inputs, among others-and these beneficiaries naturally resist any fundamental change in the structural arrangements that are the source of their benefits. There is nothing sinister or conspiratorial about this, nor is it something peculiar to politics. It is a normal and unavoidable byproduct of social organization.
	Something would be strangely amiss, then, if educational administrators, school board members, professionals, teachers, and other established players in the educational system did not strongly oppose institutional reform. If anything is especially interesting about the politics of all this, it is that these defenders of the status quo have faced so little in the way of concerted opposition over the years. Despite all the grumbling, no powerful political groups with a stake in public education-business groups, civil rights groups, civic groups, institutions of educational governance.

INHERENCY -- GOVERNMENT SCHOOLS ARE ISOLATED FROM PARENTS AND THE COMMUNITY

CENTRALIZATION OF GOVERNMENT SCHOOL ADMINISTRATIONS HAVE ISOLATED IT FROM THE COMMUNITY

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	The result of this centralization is the further insulation of schools from the demands of their customers. David Harmer observed, ``Protected from competition, government school personnel face no meaningful consequences for success or failure.`` n75 Furthermore, as long as parents lack meaningful and affordable alternatives to the public school system, there is no reason for public schools to change. Ultimately, whether it is the growth of non-core curricula or the ever-diminishing access to public school administrators, today`s American public education bureaucracy impedes the responsiveness of schools to their consumers, and perpetuates a curriculum shaped largely by special interests.  

GOVERNMENT SCHOOL SYSTEM ALLOWS POOR CURRICULUM DEVELOPMENT WITHOUT PARENTAL PARTICIPATION

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	One complement to the anti-competitive nature of the public school monopoly is the political process by which standard curriculum is developed. Because public schools function as part of a command economy, parents have very little influence over the development of curriculum. n59 The mechanism for consumer influence over a command economy is legislation, and for the latter part of this century, the focus of legislative efforts with respect to education have centered on racial and social equality. According to advocates of school reform, the result has been a de-emphasis on core subjects and a politically unassailable growth of special programs.

CURRENT GOVERNMENT SCHOOL SYSTEM PROMOTES MEDIOCRITY AND LACK OF CREATIVITY

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	In Milton Friedman, Capitalism and Freedom (1962), Friedman notes, 
If one were to seek deliberately to devise a system of recruiting and paying teachers calculated to repel the imaginative and daring and self-confident and to attract the dull and mediocre and uninspiring, he could hardly do better than imitate the system of requiring teaching certificates and enforcing standard salary structures that has developed in the larger city and state-wide systems. It is perhaps surprising that the level of ability in elementary and secondary school teaching is as high as it is under these circumstances. The alternative system would resolve these problems and permit competition to be effective in rewarding merit and attracting ability to teaching. 

THE STATUS QUO LEAVES STUDENTS AND PARENTS OUT OF THE SCHOOL CHOICE PROCESS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICAS SCHOOLS EE2000-sae p.33-34
It might prompt them to consider a private option that would help drain off the disgruntled and improve the average satisfaction of those who are left in the public sector. But here parents confront a major disincentive: public schools are free, private schools are not. Because of this cost differential, the perceived value of private schools must far outweigh that of public schools it` they are to win students. To put it the other way around: public schools, because they are relatively inexpensive, can attract and hold .students without being particularly good at educating them.
	Lacking feasible exit options, then, whether through residential mobility or escape into the private sector, many parents and students will ``choose`` a public school despite dissatisfaction with its goals, methods, personnel, and performance. Having done so, they have a right to try to remedy the situation through the democratic control structure. But everyone else has the same right, and the determinant,,, of political power are stacked against them. Democracy cannot remedy the mismatch between what parents and students want and what the public schools provide. Conflict and disharmony are built into the system.

ADVANTAGE -- SCHOOL CHOICE PRODUCES A BETTER EDUCATION SYSTEM

SCHOOL CHOICE PRODUCES BETTER EDUCATION FOR STUDENTS, PARENTS AND TEACHERS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.209
	These choice plans are disappointing because they are too limited in scope to achieve significant reform. We should emphasize, however, that there is strong and mounting evidence that the introduction of choice through alternative and magnet schools does indeed have positive consequences for those who are lucky enough to be direct participants. Broadly speaking, schools of choice tend to be more informal, professional, and unified around a common mission than regular schools of assignment are. Their teachers are more autonomous, more excited about their work, more influential in decisionmaking, and happier with their overall situations. Students are more satisfied with their chosen schools; dropout and absenteeism rates are down; achievement scores are up. Parents are better informed, more supportive, and participate more actively.

MARKETS EMPOWER EDUCATORS TO TEACH TO THE BEST OF THEIR ABILITY

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLSEE2000-sae p.47
	Were the same people picked up and placed in a different system, they would behave differently. Were they placed in a market system, in particular, they would find that decisions about the structure of education were no longer the province of public authority, no longer the product of a struggle to gain legitimate governing status, no longer built around the imposition of higher-order values, and no longer driven by the need for protection against the political uncertainties of the democratic process. Emancipated from the hierarchical imperatives of the democratic ``organization,`` and with property rights-and therefore governing rights-guaranteed, they would be free to adopt structures well suited to the goals they want schools to pursue: structures that, given the technology of education, the difficulties of hierarchical control, and the market requirement of pleasing clients, would tend to grant substantial autonomy to schools and their personnel.

THE MARKET GIVES SCHOOLS THE AUTONOMY NECESSARY TO EFFECTIVELY EDUCATE

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.51-52
	In a market setting, things are likely to be very different. The most general reason is that market forces give the owners of schools strong incentives not to organize bureaucratically but to grant their schools substantial autonomy instead. Now that we have considered in more explicit terms just how serious and far-reaching the consequences of bureaucratization may be, it is easier to appreciate why these incentives are as strong as they are. In the marketplace, where other schools compete for support and clients are free to go where they want, the bureaucratization of personnel is a good way to create an organization fraught with disabling problems, incapable of effective performance, and destined to fail.
	Consider how different the organization of schooling is likely to be when personnel decisions are decentralized to the school and left to the discretion of the principal. Under these conditions, the principal can systematically recruit the kinds of teachers he wants and weed out those he does not, giving weight to whatever qualifications have a direct bearing on organizational performance, regardless of how intangible or resistant to formalization they might be. Through this selection process, principals are in a position to create and maintain what can meaningfully be called a team-a group of teachers whose values, talents, backgrounds, and personalities mesh well together and promote the cooperative pursuit of organizational objectives.
	All this can be systematically reinforced through the incentive structure: when the principal is able to make jobs, job assignments, and the rewards associated with them contingent on performance (in all its aspects, however intangible), teachers have strong incentives to be ``good team players`` on a continuing basis. This applies to all teachers, whatever their true qualifications. Teachers who initially lack expertise, finesse, or sensitivity in the classroom will be motivated to improve. Their motivation, moreover, will focus on actual performance and its determinants-not on ``paper qualifications`` such as formal degrees and tests. These will tend to be seen for what they are: largely meaningless. 

MARKET FORCES WILL IMPROVE EDUCATION

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.57 
	While the hallmarks of effective leadership can be expected to vary, the technology of education and its market setting should tend to impose an important uniformity. Principals, like their own superiors, will have incentives to exercise leadership by decentralizing-which means, as we have discussed, building a team based on professionalism, high interaction, and shared influence. Another way of putting this is that effective leadership in a market setting should be heavily oriented toward teaching. Team-building requires that principals know their teachers well, know what happens in the classrooms, understand what good teaching is all about, and employ the substantial-but largely intangible-human capital of teachers to the school`s best advantage. Success does not call for a power struggle. Nor does it call for a supreme administrator. It calls for effective leadership-which, in turn, calls for a firm anchoring in the profession, culture, and everyday experience of teaching.

ADVANTAGE -- SCHOOL CHOICE WILL IMPROVE ACADEMIC ACHIEVEMENT

NON-GOVERNMENT SCHOOLS PROVIDE FAR MORE IN TERMS OF ACADEMIC ACHIEVEMENT

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	 See Harmer, supra note 2, at 71-73. Harmer cites a University of Maryland study showing that merely attending a Catholic rather than public school raises the disadvantaged student`s probability of completing high school and entering a four-year college by twenty percent. Harmer also notes that the government school dropout rate is twice that of independent schools, and that six years after high school graduation, only thirteen percent of government school students have bachelors` degrees, compared with thirty-one percent of independent school graduates. 

NEW SCHOOLS WILL BE HIGHLY DIVERSE, BUT CONCERNS FOR ACADEMIC ACHIEVEMENT BY CUSTOMERS WILL PROMOTE THE BEST EDUCATIONAL METHODS

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	While such observations carry historical importance they are not readily applicable to discussions of a competitive market for education because a competitive market naturally allows for competing views of the substance and structure of the ideal school. Under a free market system, some schools would undoubtedly resist change. Others however would embrace reform, allowing for the success or failure of individual reforms to be determined. Further, the related concern that a competitive market for education could place profit and perception of academic excellence ahead of actual improvements in academic achievement ignores the fact that the free market responds to public demand for information about the success or failure of educational programs. With independent organizations rendering opinions on the quality of individual institutions, and the corresponding possibility of losing students to more competitive schools, administrators would have the proper incentive to pursue better methods of education. 

SUPERIOR PERFORMANCE IN PAROCHIAL SCHOOLS IS DUE TO THE SCHOOLS, NOT SELECTION BIAS

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	 Hanushek, supra note 83, at 1167; see also James S. Coleman et al., High School Achievement: Public, Catholic, and Private Schools Compared (1982) (concluding that the superior academic performance of students in Catholic schools is due to effects of the schools themselves and not to selection bias).

EFFECTIVE SCHOOL ORGANIZATION SIGNIFICANTLY IMPROVES ACADEMIC ACHIEVEMENT

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.186
	Our perspective on organization and student achievement is in agreement with the most basic claims and findings of the effective schools literature, which, throughout the 1980s, served as the analytical base of the education reform movement. We believe, as most others do, that how much students learn is not simply determined by their aptitude or family background-although, as we show, these are certainly influential-but that school organization has a significant impact all its own. By our own estimates, the typical high school student tends to learn considerably more, comparable to an extra year`s worth of study, when he or she attends a high school that is effectively organized rather than one that is not.

FREEDOM FROM BUREAUCRATIC CONTROL ALLOWS BETTER ACADEMIC ACHIEVEMENT

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.169-170
	In table 5-9 we profile schools that are in the upper and the lower quartiles of the distribution of our general index of administrative constraint. These profiles reveal that schools subject to different levels of administrative constraint contain students who clearly differ as predicted. In schools with low levels of outside administrative influence, solid majorities of the student bodies are above average in tenth grade achievement and achievement gains and below average in behavior problems. In schools with high levels of outside administrative influence, only about a third of the student bodies exhibit these favorable qualities. Evidently, external control depends on school performance. Schools in which students are doing well seem to be granted the freedom to continue doing what they are doing. Schools in which students are performing poorly seem to be forced by external administrators to change.

ADVANTAGE -- SCHOOL CHOICE WILL IMPROVE EQUAL EDUCATIONAL OPPORTUNITY

VOUCHERS ARE A BETTER APPROACH TO HELPING THE DISADVANTAGED THAN IS TITLE ONE

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	The same thing could be done with federal programs meant to aid needy elementary and secondary students. The Title I program, for example, spends almost $ 8 billion annually to provide ``compensatory`` education to some 6.5 million low-income youngsters. That`s about $ 1,250 apiece. What if the money went straight to those families to purchase their compensatory education wherever they like, from their public or private school, to be sure, but also from a commercial tutoring service, a software company, or the local public library? Title I would turn into millions of mini-scholarships. A similar approach could be taken to any program where individual students` eligibility is based on specific conditions, such as limited English proficiency, disability, etc. 

MARKETS ALLOW SCHOOLS TO BE DIVERSE AND EFFECTIVE

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.55
	As a population, schools in a market setting should tend to reflect full, heterogeneous range of educational concerns. The goals of individual schools, however, are likely to be far simpler, clearer, and more homogeneous than those of the typical public school. They are intended to appeal only to a portion of the market, and perhaps a very small and highly specialized portion. Their goals are also more likely to have true intellectual coherence-for they are not ad hoc collections of value-impositions, but packages that are consciously designed to constitute an integrated whole. The market allows and encourages its schools to have distinctive, well-defined ``missions. `` 
	This vastly simplifies the job of organizing an effective school. Schools know what they want to accomplish, and they can consciously design their organizations in ways that appear best suited to accomplishing it. They can match organizational means to organizational ends. They may make mistakes in the process, but they have strong incentives to try to correct these over time by moving toward structures better suited to their goals-and if they falter, the marketplace will penalize them and ultimately put them out of business.

CHOICE INCREASES THE QUALITY OF PUBLIC SCHOOLS WHILE CONTINUING THE EFFORT TO DESEGREGATE THE SCHOOLS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.206
	The most innovative and promising reforms to have gained momentum during the late eighties fall under the heading of ``choice.`` In the past, educators tended to associate this concept with the privatization of public education, aid to religious schools, and racial segregation, portraying it as a subversive notion that threatened the common school ideal and virtually everything else the public system had traditionally stood for. In recent years, however, choice has come to be viewed very differently, even by many in the educational establishment.
	This new movement puts choice to use as part of a larger set of strategies for reform within the public sector. It is not about privatizing the public schools, nor is it a surreptitious way of giving aid to religious schools. Choice is being embraced by liberals and conservatives alike as a powerful means of transforming the structure and performance of public education-while keeping the public schools public. In the process, it is being used to combat racial segregation; indeed, it has become the preferred approach to desegregation in districts throughout the country-in Rochester and Buffalo (New York), Cambridge (Massachusetts), and Prince George`s County (Maryland), to name a few. 

VOUCHER SCHOOLS IN MILWAUKEE & CLEVELAND SHOW SUCCESS & DIVERSITY

Sol Stern, staff writer, Winter, 1999; City Journal; Pg. 14-25 HEADLINE: ``The Schools That Vouchers Built`` // acs-VT2000
 [Voucher schools in Milwaukee & Cleveland]
	What I saw was exhilarating. No one who has spent any time at these schools could fail to be impressed by their orderly, energetic atmosphere and solid academic achievement--all the more impressive when compared with the violent, dysfunctional inner-city public schools that were the alternative for these children. Moreover, the schools I saw couldn`t have been more different from one another: they ran the gamut from an evangelical Christian academy and an independent Catholic high school to a secular elementary school with a Hispanic cultural theme and a secular school with a strong focus on computer technology. 

SOLVENCY -- MARKET FORCES AND COMPETITION PRODUCE EFFECTIVE SCHOOLS UNDER A CHOICE SYSTEM

VOUCHERS CAN EMPOWER FAMILIES, AND IT HAS ALREADY WORKED WELL IN HIGHER EDUCATION

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	While block grants hand money and power back to the states, vouchers empower families directly. Instead of writing 50 checks, Washington would send millions of them straight to children and their parents, thus helping them meet their education needs as they see fit. 
This is already standard practice in federal higher education policy, where an historic choice was made in 1972: Students rather than colleges became the main recipients of federal aid. A low-income college student establishes his own eligibility for a Pell Grant (or Stafford Loan, etc.) and then carries it with him to the college of his choice. That might mean Stanford or Michigan State, Assumption College or the Acme Truck Driving School. The institution only gets its hands on the cash if it attracts and retains the student. 

FREE MARKET SCHOOL CHOICE WILL END ``DISASTER`` SCHOOLS IN RESPONSE TO THE DEMAND OF PARENTS FOR A GOOD EDUCATION

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	Additionally, while there is no guarantee that all districts will experience improvements in academic outcomes as a result of school choice, the process of true free market competition does make one guarantee: those schools that fail to perform in the educational marketplace will be eliminated or absorbed by the schools which do succeed. As such, the change of process which reform opponents bemoan as ``antidemocratic`` n42 should provide faster and more effective response to the demands of citizens than our current educational bureaucracy.

WITHOUT MARKET FORCES, SCHOOLS HAVE VERY LITTLE INCENTIVE TO IMPROVE QUALITY AND REDUCE COSTS

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	 Without the pressure to react to market share, non-profit schools--both public and private--lack the incentives to keep pace with the changing needs of the free market their graduates will enter. Moreover, because public and private schools cannot retain excess tuition as profits they lack the incentives to lower costs while increasing student achievement. n18

COMPETITION AND NATURAL MARKET SELECTION PRODUCE EFFECTIVE SCHOOLS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.190
	While schools controlled only by the market -are- free to organize way they want, then, an environment of competition and choice gives them strong incentives to move toward the kinds of ``effectiveschool`` organizations that academies and reformers would like to impose on the public schools. Of course, not all schools in the market will respond equally well to these incentives. But those that falter will find it more difficult to attract support, and they will tend to be weeded out in favor of schools that are better organized. This process of natural selection, based on ease of entry and performance- based attrition, complements the incentives of the marketplace in propelling and supporting a population of autonomous, effectively organized schools.

MARKET BASED SCHOOLS GIVE CONTROL TO PARENTS, STUDENTS AND SCHOOLS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.29-30
	The kind of-authority that market participants exercise, while public in origin, is extremely limited in scope. The owners of a school have the legal authority to create whatever kind of school they please, but they cannot require anyone to attend or finance it. They have authority over their own property, not over the property of others. Similarly, parents and students have the right to seek out whatever kinds of schools they like. But they cannot force schools to adopt specific courses, hire certain teachers, or pursue certain values. Nor can they force schools to grant them admission. They make decisions for themselves, not for the schools.
	The key elements that supply the motivational foundation of democratic Politics-the tremendous value, wide availability, and coercive power of public authority-are essentially absent from the marketplace. Individuals and groups do not struggle to capture something that is not there. In markets, their focus is much more myopic. They try to achieve their ends through voluntary exchange with others, and the benefits they receive arise from these transactions. The key to success-for schools, parents, and students alike-is having something to offer that other people want.

SOLVENCY -- SCHOOL CHOICE PROGRAM SOLVES THE PROBLEMS OF BUREAUCRACY

MARKET FORCES WOULD REGULATE BUREAUCRACY IF SCHOOLS WHERE GIVEN AUTONOMY

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLSEE2000-sae p.35-36
	While markets decentralize effective decisionmaking authority to the suppliers and consumers of services, they do not automatically give rise to organizational structures that are themselves decentralized. The economic system obviously boasts all sorts of organizational forms, some of them highly centralized bureaucracies in which subordinate levels of organization have little discretion. Presumably, an educational market system might do the same if centralized organization were an efficient way to supply educational services that satisfy parents and students.
	As a rule, however, this is unlikely to be so. One very basic reason has to do with the technical requirements of producing educational services. Because education is based on personal relationships and interactions, on continual feedback, and on the knowledge, skills, and experience of teachers, most of the necessary technology and resources are inherently present in the school itself, and thus are at the bottom of the organizational hierarchy (if there is one). Higherlevel administrative units have little to contribute that is not already there.

MARKETS PRODUCE EFFECTIVE SCHOOLS. BUREAUCRACY LIMITS EFFECTIVE SCHOOLS.

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLSEE2000-sae p.181-183
	The structure of school control is critical, then, not only for the autonomy of schools but for the development within schools of the requisites for school success. Clear academic goals, strong educational leadership, professionalized teaching, ambitious academic programs, teamlike organizations-these effective school characteristics are promoted much more successfully by market control than by direct democratic control. The kinds of qualities that contemporary school reformers would like public schools to develop, private schools have developed without external reform at all. Bureaucratic autonomy and effective school organization are natural products of the basic institutional forces at work on schools in a marketplace. They are products of school competition and parental choice. Success is built into theinstitutional structure of private education. As public education is now structured, institutions make success almost unnatural.

MARKET BASED SCHOOLS ORGANIZE EFFECTIVELY WITHOUT INEFFECTIVE BUREAUCRACY

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.189-190
	Our analysis suggests that the difference is considerable, and that it arises from the most fundamental properties that distinguish the two systems. A market system is not built to enable the imposition of higher-order values on the schools, nor is it driven by a democratic struggle to exercise public authority. Instead, the authority to make educational choices is radically decentralized to those most immediately involved. Schools compete for the support of parents and students, and parents and students are free to choose among schools. The system is built around decentralization, competition, and choice.
	Although schools are free to organize any way they want, bureaucratization tends to be an unattractive way to go. Part of the reason is that virtually everything about good education-from the knowledge and talents necessary to produce it to what it looks like when it is produced--defies formal measurement through the standardized categories of bureaucracy. The more fundamental point, however, is that bureaucratic control and its clumsy efforts to measure the unmeasurable are simply unnecessary for schools whose primary concern is to please their clients. To do this, they need to perform as effectively as possible-which induces them, given the bottom-heavy technology of education, to favor decentralized forms of organization that take full advantage of professionalism, discretionary judgment, informal cooperation, and teams. They also need to ensure that they are providing the kinds of services parents and students want, and that they have the capacity to cater and adjust to their clients` specialized needs and interests-which this same syndrome of organization allows them to do exceedingly well.

MARKET DRIVEN SCHOOLS ARE LESS SUBJECT TO THE BUREAUCRATIC INEFFECTIVENESS OF THE PUBLIC SECTOR

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLSEE2000-sae p.180-181
	There is no ambiguity, moreover, about the more basic influence of institutions. When all else is equal-when schools are serving the same kinds of students and dealing with the same kinds of families, when schools are situated in the same locations, including urban locations where large educational institutions are conducive to bureaucratization-schools in the private sector are likely to experience far less administrative and personnel constraint than schools in the public sector. When all of the conditions that promote bureaucracy are average, private schools rank well into the bottom quartile of bureaucratic influence-or well into the top quartile of bureaucratic autonomy, if we want to view it the other way around. Under average conditions, public schools experience above-average levels of bureaucratic influence-below-average levels of bureaucratic autonomy. Indeed, the only way a public school enjoys the kind of autonomy routinely enjoyed by private schools is if the public school is lucky enough to be located outside an urban area and serving able students and parents.
	Through the several steps of our analysis, then, this is what we have found. School organization alone is capable of shifting student achievement gains by more than one full year during four years of high school. By itself, autonomy from bureaucracy is capable of making the difference between effective and ineffective organizations-organizations that would differ by a year in their contributions to student achievement. The institutions of school control, without the assistance of any other influences, are capable of raising bureaucratic autonomy to the level necessary for effective school organization. Market control tends to promote autonomy through its natural operation, while democratic control tends to allow for it only under the most favorable circumstances--outside of urban areas with able and interested students and parents. Under any comparable set of circumstances, autonomy will be far greater under markets.

SOLVENCY -- SCHOOL CHOICE PROVIDES FOR A BETTER EDUCATION BECAUSE IT GIVES SCHOOLS AUTONOMY, WHICH ALLOW THEM TO SUCCEED

MARKET BASED SCHOOLS ARE MORE AUTONOMOUS AND THUS MORE EFFECTIVE THAN PUBLIC SECTOR SCHOOLS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLSEE2000-sae p.24
	The second use of sectoral comparison is in chapter 5, which puts the finishing touches on our empirical analysis. There, after demonstrating the importance of autonomy for effective organization in all schools, we show that private schools are organized more effectively than public schools are and that this is a reflection of their far greater autonomy from external (bureaucratic) control. Some public schools are able to achieve comparable levels of autonomy and organizational effectiveness-but these are the lucky ones (in relatively problemfree suburbs) whose unusually ``nice`` environments happen to be conducive to weak bureaucratic control. The more typical public schools cannot count on such good fortune. The institutional deck is heavily stacked against them, putting them at a serious disadvantage.

AUTONOMY ALLOWS SCHOOLS TO BE MORE EFFECTIVE

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.151-152
	Since this influence is measured relative to the influence of the principal, the results in table 5-4 can also be interpreted as measures of administrative autonomy. Overall, more than 60 percent of the effectively organized schools have above average levels of administrative autonomy; less than a third of the ineffectively organized schools have such freedom. These general differences are consistent with our view of school control. High levels of autonomy from external authority tend to be associated with high levels of organizational effectiveness, and vice versa.

AUTONOMY IS KEY TO EFFECTIVE SCHOOLS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, &AMERICA`S SCHOOLS EE2000-sae p.183
	We had strong expectations that effective school organization cannot flourish without substantial school autonomy from direct external control. Like many observers of contemporary American education, we believe that the bureaucratization of educational governance and administration has simply gone too far. Many public school systems seem to have become so bureaucratized that their schools cannot possibly develop clear objectives and high academic expectations or attract and keep the kinds of principals and teachers that are required for. effective performance.

AUTONOMY IS KEY TO TEACHER PROFESSIONALISM AND EFFECTIVE TEACHING

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.36
	It  is no accident, for example, that so much attention in both the academic literature and the policymaking process has focused on teacher professionalism. True professionalism requires not simply that teachers be experts in their subject matters and the methodology of learning, but also that they have the autonomy to exercise discretion in applying it to the infinitely varying individuals and circumstances that make up their jobs. The widely accepted notion that education would be better if teachers were treated as professionals is but another way of saying that the schools already have (or should already have) what it takes to provide quality education-they just have to be allowed to use it. 

EFFECTIVE SCHOOLS HAVE AUTONOMY OVER CURRICULUM

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.153
	Effective schools are also much freer to design their own curricula and to choose their own  methods of instruction. This is no surprise either, given the logic of school control and  organization. As we and many others argue, education is an inherently difficult enterprise to  regulate. Indeed, this is the most common basis for objections to the bureaucratization of public  education. If curricula and instructional methods are prescribed too rigidly or extensively, teachers  and students, who are diverse in their strengths and weaknesses, may have trouble performing  successfully. The experiences of the ATS schools support such criticism. Administrative  constraints on curriculum and instruction differ sharply in effective and ineffective schools.  Schools that are effectively organized have much greater autonomy from bureaucratic influence on  these vital matters of educational practice than schools that are ineffectively organized.

SOLVENCY -- SCHOOL CHOICE PLAN IMPROVES TEACHERS AND TEACHING

UNIVERSAL CHOICE PLANS WILL DRAW THE BEST AND BRIGHTEST INTO TEACHING AND EDUCATION

Sol Stern, staff writer, Winter, 1999; City Journal; Pg. 14-25 HEADLINE: ``The Schools That Vouchers Built`` // acs-VT2000
 [Voucher schools in Milwaukee & Cleveland]
	David Brennan, the man who hired Vysnionis and brought Hope Central into existence, is probably the most optimistic and visionary voucher advocate in the country. He sees his two Cleveland schools as prototypes for a revolutionary approach to education. He has already surveyed his hometown, Akron, and discovered that the city has enough room in existing churches and community centers to create new schools for all the city`s public school students if, as is highly unlikely, a voucher program should impel them to abandon the existing public schools en masse. And he is certain that more school choice will bring more, and more creative, Americans into education. `` I know that when choice becomes universal, there are 1 million people out there who are smarter than we are, who are going to solve all these problems of inner-city education,`` he says, with infectious enthusiasm. ``There is nothing more impressive than American innovation. Let`s give it a chance.`` 

TEACHER PROFESSIONALISM PRODUCES MORE EFFECTIVE SCHOOLS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.90
	This is not to say that high levels of efficacy and low levels of absenteeism are products of teacher influence alone. They are almost certainly conditioned by the kinds of students being taught-as teacher influence may be also. But all three of these traits-influence, efficacy, and absenteeism-are likely to represent a force of some independent importance in the educational process. Together they describe what is usually meant by teacher professionalism. Truly professional teachers are ones who are sufficiently knowledgeable, wise, and dedicated that they can be trusted to work effectively without extensive direction and supervision and to contribute constructively to the overall operation of an effective school. Truly professional teachers are also the kinds of teachers that reformers now strongly believe schools must recruit and develop. Because several of the teacher qualities that we measured-influence, efficacy, and absenteeism-are dimensions of professionalism, it is no surprise that they are correlated with one another and can be combined in an index of teacher professionalism, That index, employed in table 3-7, reveals that low performance schools strongly tend to be staffed by teachers who are below average in professionalism while high performance schools tend to be staffed by teachers who are above average.

MARKET BASED SCHOOLS DEVELOP THE EFFECTIVE MEANS OF TEACHING THAT THE BUREAUCRATIC STATUS QUO DENIES

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICAS SCHOOLS EE2000-sae p.167
	If we are correct, the institutions that govern America`s public schools bear substantial responsibility for the bureaucratization of schools and the debilitation of their organization. Direct democratic control stimulates a political struggle over the right to impose higherorder values on the schools through public authority, and this in turn promotes bureaucracy-which is both a crucial means of ensuring that these higher-order values are actually implemented at the school level (by personnel who may not agree with them) and a crucial means of insulating them from subversion by opposing groups and officials who may gain hold of public authority in the future.
	Markets offer an institutional alternative to direct democratic, control. They are not built around the exercise of public authority, but rather around school competition and parent-student choicewhich, for all the reasons explored in chapter 2, tend through their natural operation to discourage bureaucratic forms of organization and to promote the development of autonomy, professionalism, and other traits associated with effective schooling.

MARKETS PREVENT STATUS QUO BUREAUCRATIC PERSONNEL RESTRICTIONS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.171
	Institutions may also be crucial to the development of a specific and especially important form of bureaucratic influence: constraints on school personnel. In table 5-10 we profile schools that are in the lowest and the highest quartiles of our index of personnel constraint. The profiles show that schools that are subject to different levels of personnel constraint are similar in all relevant respects to schools that are subject to different levels of administrative constraint more generally. This is what we would expect given our observations in chapter 2 about the compatibility of traditional democratic institutions and the major sources of personnel constraint: civil-service protections (notably, tenure) and public sector unions. These sources of constraint are simply far less compatible with institutions of market control.

MARKETS ALLOW MORE DISCRETION IN PERSONNEL CHOICE

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.53
	The exent to which personnel decisions are bureaucraticized  then, is largely a reflection of the  institutional settings in which schools find themselves. Because institutions of democratic control  prevail in the public sector, personnel decisions for the public schools should tend to be heavily  bureaucratized. Because market forces are so important in the private sector, personnel decisions  for private schools should tend to be more informal and discretionary. These institutional  differences, in turn, have enormous consequences for schools-consequences that shape and  pervade almost every important aspect of their organizations and combine to generate distinctly  different organizational forms across sectors.

 SOLVENCY -- SCHOOL CHOICE PLANS ARE VERY POPULAR

SCHOOL CHOICE IS WIDELY POPULAR

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.207
	They have many allies. Maverick legislators`` have played leading roles in public debate and coalition building. Respected groups of academics and reformers, less satisfied than before with the intellectual mainstream, are increasingly arguing the advantages of choice. So are business groups, which have been disappointed in past reforms and are increasingly calling for more innovative approaches that take greater advantage of market-based incentives. And many groups speaking for minorities and the poor have become supporters as well, embracing choice as a crucial means of escaping from the intolerably bad urban schools that the traditional system of fixed boundaries and assignments forces on them. Despite the opposition that unions have offered to choice proposals generally, some aspects of choice have been endorsed, at least provisionally, by a few key union leaders, including Albert Shanker, president of the American Federation of Teachers, and Adam Urbanski, president of the Rochester Teachers Association. 

PUBLIC SECTOR CHOICE IS POPULAR WITH PARENTS AND POLITICIANS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.206
	Support for public sector choice is widespread. Surveys reveal that the vast majority of public school parents want to choose the schools their children attend-and that, when choice plans are implemented and people have a chance to exercise their newfound freedom, popular support for choice grows. Not surprisingly, many public officials are also singing the praises of choice, with support running particularly strong among political executives. Their broad, heterogeneous constituencies, their uniquely central role in policymaking, and the public`s inclination to hold them singularly responsible for effective government all make them more willing (than legislators) to take bold, unconventional actions that provoke opposition from the established interests.

PARENTS HAVE BEEN VERY HAPPY WITH CHOICE PROGRAMS IN MILWAUKEE, CLEVELAND, AND NYC

Richard J Murnane & Frank Levy, Federal Reserve Bank of New York Economic Policy Review , March, 1998; Pg. 117 HEADLINE: Standards, Information, and the demand for student achievement // acs-VT2000
	To see why, consider the recent choice programs in Milwaukee, Cleveland, and New York City that provide low-income minority group families with opportunities to send their children to private schools. These programs demonstrate that many low-income parents want alternatives to existing urban public schools for their children. Evaluations show that many parents are more satisfied with the private schools their children now attend under the choice programs than they were with urban public schools. 

SOLVENCY -- EXAMPLE OF EAST HARLEM SCHOOL CHOICE SUCCESS

EAST HARLEM PROVIDED AN EFFECTIVE MODEL OF CHOICE

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.212-213
	The most radical and most promising-exercise in public sector choice is to be found in Manhattan`s District No. 4 in East Harlem, New York, which serves some 14,000 students from prekindergarten through the ninth grade .43 Here, as in many other districts, the stimulus for reform was crisis: the educational system was a disaster. Out of New York City`s thirty-two school districts in 1973, District No. 4 ranked last in reading and mathematics. The demographics of the district make this kind of failure seem predictable and inevitable. More than half of all families are headed by single females. Almost 80 percent of all students qualify for free-lunch programs because of low income. Almost all students are minorities-60 percent are Hispanic, 35 percent are black.
	But District No. 4 was also lucky. It had dynamic leaders who were willing to take risks and follow innovative paths to reform almost unthinkable to their mainstream colleagues in the larger educational community. Beginning in 1974, they oversaw the creation of an expanding number of alternative schools built around distinctive themes, philosophies, and programs. This expansion arose from a special source: the district encouraged teachers with ideas and initiative to put forward their own proposals, and, with the district`s involvement and consent, form their own schools. Teachers were only too happy to take advantage of these opportunities, and schools sprouted up like mushrooms. To make this proliferation of schools possible, district officials also rejected the traditional notion that each school must have its own building. In East Harlem, schools were henceforth to be identified with programs, not with buildings. A given building, therefore often houses a number of very different schools, each with its own ``director`` (a teacher with the responsibilities of principal), staff, and student body.

EAST HARLEM PROVES THAT CHOICE CAN PROVIDE DIVERSE, AUTONOMOUS SCHOOLS EFFECTIVELY AND FAIRLY

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.213
	These schools have been granted very substantial autonomy. To begin with, district authorities do not seek centralized control over student admissions. They assist parents through orientation sessions, information on each school, lessons in decisionmaking, and meetings with school representatives. But the schools control their own admissions-they set their own criteria and make their own decisions about whom to accept and reject. More generally, the schools are largely (but not entirely) free to make their own decisions about programs, methods, structure, and virtually everything else pertaining to the kind of education they provide; and with teachers running their own shops, many of the preexisting formal rules imposed through collective bargaining and democratic control have either been waived or ignored. Teachers, parents, and students are all encouraged to think of themselves as their schools` ``owners`` and to take the responsibilitiesand the pride and involvement-that real ownership entails.
	The district has pursued innovation and diversity, and that is what it has achieved. The names of some of its junior high schools help illustrate just how spectacular the variety can be when the supply side is liberated: the Academy of Environmental Science, the Creative Learning Community, the East Harlem Career Academy, the East Harlem Maritime School, the East Harlem School for Health and BioMedical Studies, the Jose Feliciano Performing Arts School, Music 13, the Isaac Newton School for Math and Science, Northview Tech for Communication Arts and Computer Science, Rafael Cordero Bilingual School, the School of Science and Humanities .45 From the list alone, one would think this is a system of private schools.
	Freeing up the supply and governance of schools has not led to the kind of chaos or unfairness that critics of market arrangements invariably predict. The system appears to work smoothly, effectively, and fairly. While schools have control over their own admissions, their distinctiveness and their sheer need for students-the district puts them out of business if they fail to attract enough clients-has meant that schools and students tend to match up quite well on their own.

EAST HARLEM PROVIDES A MODEL FOR SCHOOL AUTONOMY

ACADEMIC ACHIEVEMENT HAS DRASTICALLY INCREASED WITH CHOICE

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLSEE2000-sae p. 214
	In recent years, 60 percent of the students have received  their choices, 30 percent their second choices, and 5 percent their third choices.
	On virtually every relevant dimension, the East Harlem reforms have been a tremendous success. There are lots of schools, emphasizing everything from music to science. Teachers are enthusiastic about their work and largely in control of their own schools. They are empowered, professional, and satisfied-all achieved through the natural dynamics of the system, not through the artificiality of bureaucratic rules. School organizations are small and informal, built around team cooperation and coherence of mission. Parents are active, well informed, and take pride in ``their`` schools.
	Meantime, student achievement is way up. While only 15.9 percent of the district`s students were reading at or above grade level in 1973, 62.6 percent were doing so by 1987. Its scores now put it around the middle for New York City school districts, rather than at the bottomquite remarkable, given how heavily the sociological odds are stacked against it. Students are also dramatically more successful in gaining admission to New York`s selective high schools. Whereas in the past they were essentially shut out of these schools, now they are accepted at rates that far exceed the citywide average. Some of this progress may be attributable to an influx of students from throughout New York City who have chosen to transfer from their districts to the schools of East Harlem. But these transfers represent only a small portion of District 4`s enrollments, and are yet another indicator of the attractiveness of East Harlem`s schools.

SOLVENCY -- EXAMPLE OF CAMBRIDGE SCHOOL CHOICE SUCCESS

THE CAMBRIDGE MODEL SHOWS THE SUCCESS OF CHOICE. STUDENTS CHOOSE PUBLIC SCHOOLS BECAUSE THEY ARE GOOD SCHOOLS

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.211
	The Cambridge choice plan has been a huge improvement over the district`s troubled past. The perennial problem of racial imbalance has dramatically changed for the better. Student achievement scores are up, and achievement differences between the worst and best schools are significantly down. Teachers are more satisfied with their jobs, parents and students are happier with their schools. And, not surprisingly, the public schools are now winning back the students they lost in earlier years to the private sector-by 1987, 89 percent of the district`s newly entering students (kindergarten aged) were choosing to enroll in public schools, compared with 78 percent in 1979. This is perhaps the most concrete of all measures of success: people are choosing public schools because they prefer them.

CAMBRIDGE MASSACHUSETTS HAS A MODEL FOR SUCCESSFUL CHOICE

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLSEE2000-sae p.210-211
	Just as Minnesota has been a pioneer among states, so a small   number of districts have taken the lead in building their own systems  around choice. One of the boldest has been Cambridge, Massachusetts.  The Cambridge system emerged incrementally over the years, begin  ning in the late 1960s, as the district responded to pressures for  desegregation. Its authorities initially relied on magnet schools, then  began resorting to various kinds of controls (redrawing jurisdictional  boundaries, imposing involuntary transfers on students); but the  cumulative effects on racial balance were unsatisfactory, and whites  were bailing out of the system into private schools and other districts.  1981 these failures had prompted a shift to something new and more radical, a districtwide ``controlled choice`` system, which a year later had taken over as the district`s programmatic attack on desegregation. 
	The concept is simple. There are no neighborhood schools or attendance areas. Parents and students are free to choose any schools in the district. To assist them in gaining information and making wise decisions, the district provides a Parent Information Center complete with parent liaisons, whose job it is to know about the special characteristics of individual schools, to discuss with parents the special, needs of their children, and to facilitate the application process. Parents and students can rank order up to four schools in submitting their applications to the district`s assignment officer, who is responsible for assigning each student to a school, and who gives weight to racial balance as well as proximity and siblings in making his determinations.
	While one might think that all students would try to get into the  same schools, this has not happened-in part because students often because they prefer schools that are close to their homes, but also because the Cambridge schools offer distinctive programs that have differential appeal. The end result is that the great majority of students receive their first choice school, and almost all receive one of their picks. The remaining students are assigned;   but    they   have the right to-appeal to the district`s Hardship Appeal Board, and in any event are free to apply for transfer during the next year.

SOLVENCY -- SCHOOL CHOICE IS AFFORDABLE

ANNUAL AMOUNT SPENT PER PUPIL NOW IS MORE THAN ENOUGH TO BUY A GOOD PRIVATE EDUCATION FOR EVERYONE, WITH MONEY LEFT OVER.

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	According to United States Department of Education statistics from 1993, the average annual per pupil cost of public education is an estimated $5920. n82 By contrast, the Department of Education reports that Catholic schools charge an average annual tuition of $ 1327, while other church-sponsored private schools charge an average of $ 1941 and non-sectarian private schools charge an average of $ 3839. n83 Further, although parochial school tuition figures understate the actual cost per student due to church subsidies, once all other costs are factored in, the per pupil cost of parochial schools remains less than half that of government schools. n84

COMPETITION CAUSED BY TRUE SCHOOL CHOICE PLANS WOULD SAVE MONEY

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	Competition such as that suggested by school choice proposals would encourage the pursuit of efficiencies by placing the customer at the center of all decisions regarding educational expenditures. Moreover, even without any reform to the method of instruction currently employed by public and private schools, cost efficiency suggests that there are strong policy reasons for underwriting the cost of students who wish to attend private institutions. n86 

SOLVENCY -- LEGAL CHALLENGES TO SCHOOL CHOICE ARE NO PROBLEM

LEGAL CHALLENGES TO SCHOOL CHOICE PLANS CAN BE OVERCOME

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	Following the Supreme Court`s recent adoption of the child benefit theory in Establishment Clause cases, the likelihood that federal constitutional claims will invalidate school choice has greatly diminished. Further, although several state constitutional provisions limit the exercise of government authority by private parties, as long as the benefit of government funding is realized primarily by the public consumer rather than the private service provider, such provisions should not interfere with school choice legislation. 

COURTS HAVE RULED THAT VOUCHERS CAN GO TO PRIVATE SCHOOLS

Stephen G. Gilles, Professor of Law, Quinnipiac College, Spring, 1999; Constitutional Commentary REVIEW ESSAY: HEY, CHRISTIANS, LEAVE YOUR KIDS ALONE!RELIGIOUS SCHOOLS v. CHILDREN`S RIGHTS. // acs-VT2000
	The end may at last be in sight for the long-running establishment clause battle over state aid to families who send their children to religious schools. Earlier this year, in Jackson v. Benson, the Wisconsin Supreme Court held that the Establishment Clause permits states to provide parents of school-age children with tuition vouchers redeemable at the private school of their choice - even if that school provides a religious education. n3 Although the Supreme Court has denied certiorari in Jackson, n4 the fact that similar cases are pending in three other states suggests that the Court will probably issue a definitive ruling on the constitutionality of vouchers sometime within the next few years.

SOLVENCY -- SCHOOL CHOICE PLANS CAN BE IMPLEMENTED

IMPLEMENTATION OF SCHOOL CHOICE PLANS WILL BE CHALLENGING BUT CAN BE DONE

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	There is no doubt that implementing a reform as ambitious as school choice presents an array of difficulties. Logistics and transportation problems, inequality of opportunity between rural and urban citizens, the ambivalence of some parents toward the selection of a school and the possibility of inadvertent resegregation are among the chief concerns of choice opponents.  Most of these problems, however, already exist within the current public school system. Moreover, these problems merely complement the poor academic performance of our public school students on national and international assessments. After more than three decades of incremental reform, the very method of dispensing education in this country has now come under scrutiny.

EVERYTHING IS READY FOR A MOVE TO SCHOOL CHOICE FREE MARKET SYSTEM

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	Today, carefully designed choice proposals are both feasible and worthy of serious review. Only time will tell whether the public`s growing impatience with the current educational system can instigate the shift to a free market. 

CLAIMS THAT ``STRANGE SCHOOLS`` WILL BE ESTABLISHED ARE UNFOUNDED

LEGAL AND SOCIAL FORCES WILL STOP ABUSE OF NEW SCHOOL FORMATION

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	In short, a legislatively mandated system implemented by professionals in the existing school system is unlikely to revert to a standard which is  [*46]  socially and politically undesirable. Although the market will govern developments in school structure and techniques, legal and social barriers to the development of discriminatory practices will continue to exist in the education market as they do in other markets. 

TEACHER UNION ANTI-VOUCHER PROPAGANDA USE DIRE THREATS AND WARNINGS

Sol Stern, staff writer, Winter, 1999; City Journal; Pg. 14-25 HEADLINE: ``The Schools That Vouchers Built`` // acs-VT2000
 [Voucher schools in Milwaukee & Cleveland]
	According to the union-led anti-school-choice coalition, the problem with vouchers is that they are likely to cream off the best and brightest kids presently attending inner-city public schools, leaving only the most disadvantaged and academically unprepared children. Yet almost in the same breath, opponents of vouchers contend that those ``cream of the crop`` children and their parents are too stupid to avoid being victimized by educational charlatans. Dire warnings about ``witchcraft`` schools, ``Farrakhan`` schools, and ``creationist`` schools greedily waiting to get their hands on voucher money have been stock features in the teachers` union propaganda. 

COUNTERPLAN -- CANNOT ACHIEVE REAL CHANGE WITHIN THE CONTEXT OF CURRENT SCHOOLS

REAL EXPERIMENTATION CAN ONLY TAKE PLACE OUTSIDE OF GOVERNMENT SCHOOLS

Sharon Keller, Professor of Law, University of Miami, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: Something to Lose: The Black Community`s Hard Choices About Educational Choice // acs-VT2000
	The first issue concerns the experimental limits of the public school system. The public system of education is an artifact of the rights and policies that developed as a result of publicly funded and operated popular education in the United States. Whether the same policies would have been incorporated into primary and secondary schools had they developed in some other way is a moot question; the policies and the public support have been and are linked in our present system. Consequently, some experiments in education will require a setting outside of the public school system.

STATUS QUO REFORMERS ARE TO WEDDED TO THE CURRENT INSTITUTION TO BRING ABOUT EFFECTIVE CHANGE

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.17
	Throughout this rush to reform, there remained a yawning gap in social science research that no one paid much attention to or cared much about. Mountains of research had helped identify those aspects of organization that distinguish effective from ineffective schools, but there had been no comparably compelling body of scientific work on the question of how these desirable characteristics could actually be developed and nurtured within existing schools. It is one thing to know what kind of organization promotes effective education. It is quite another to know how to use public policy to engineer that kind of organization. Social science seemed to know a lot about the organizational end to be achieved and almost nothing about how to get there.
	What might otherwise have been an important intellectual mystery prompted little consternation among policymakers or reformers. It was another nonissue. Political power and social science research had combined to ensure that the reform movement would see the problem of academic performance entirely in terms of the schools, leaving the traditional system of public education firmly in place as the institutional vehicle through which reform would be channeled and pursued. The engineering question, therefore, was automatically answered by the routine ways in which the system had always gone about its business of direct democratic control: ``effective school`` characteristics would be imposed on the local schools from above, by political and administrative superiors, through new rules and regulations mandating the changes desired.

COUNTERPLAN -- ADVANTAGES OF SCHOOL CHOICE CANNOT BE ACHIEVED WITHIN THE EXISTING EDUCATIONAL BUREAUCRACY ESTABLISHED BY THE AFFIRMATIVE PLAN

BUREAUCRACY REINFORCES THE EDUCATIONAL STATUS QUO

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.42
	How can this be done? The answer is conditioned by the extensive fragmentation of political power that causes American political institutions to be heavily biased in favor of the legal status quo. Separation of powers and federalism, along with myriad checks and balances routinely built into governing institutions at all levels, work to ensure that significant legal change tends to be extremely difficult for proponents to achieve and correspondingly easy for opponents to block. A crucial corollary is that, if proponents succeed in imposing new laws, these laws are then very difficult for other interests to overturn later. The new laws become part of the political landscape, part of the status quo that the system inherently works to protect.

THE BUREAUCRACY PROBLEM CAN NOT BE SOLVED BY WORKING WITHIN THE CURRENT FRAMEWORK

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.187
	It is only at this late stage of the game that we begin to -Partcompany with the mainstream. While most observers can agree that the public schools have become too bureaucratic and would benefit from substantial grants of autonomy, it is also the standard view that this transformation can be achieved within the prevailing framework of democratic control. The implicit assumption is that, although these institutions have acted in the past to bureaucratize, they can now be counted on to reverse course, grant the schools autonomy, and support and nurture this new population of autonomous schools. Such an assumption, however, is not based on a systematic understanding of how these institutions operate and what their consequences are for schools. It begs the important causal issues instead of addressing them.

REFORMING BUREAUCRACY FROM WITHIN ONLY PRODUCES MORE BUREAUCRACY

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.188-189
	All the major participants in democratic governance-including the unions-complain that the schools are too bureaucratic. And they mean what they say. But they are the ones who bureaucratized the schools in the past, and they will continue to bureaucratize the schools in the future, even as they tout the great advantages of autonomy and professionalism. The incentives to bureaucratize are built into the system. The institutions of democratic control ensure that, in the politics and governance of public education, bureaucracy is almost everyone`s dominant strategy when the key decisions actually get made. People may genuinely believe in autonomy and professionalism. But what they do-quite rationally, given their institutional setting is bureaucratized.

CHOICE CANNOT EFFECTIVELY FUNCTION AS LONG AS THE BUREAUCRATIC STRUCTURE EXISTS.

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.214-215
	If there is a single district in the country that deserves to be held up as a model for all the others, it is East Harlem. Nonetheless, its system still suffers from what may turn out to be a fatal flaw. Beginning in the 1970s and continuing throughout the eighties, the East Harlem reforms have been driven by a small group of visionaries who used district authority not only to provide parents and students with choice, but also to liberate the supply and governance of schools from district control. This freeing up of the supply side is what makes the East Harlem system so bold and unique. But its creation is entirely dependent on the visionaries themselves and their hold on power. The structures of democratic authority remain in place, and, if they become occupied by people with different beliefs or constituencies, the same public authority that liberated the schools could then be used to regain control over them.
	This is not an idle fear. A recent scandal at the district level, involving allegations of mishandling of funds for personal benefit and giving rise to widespread media coverage, prompted city officials to initiate a shakeup of district personnel . The new leadership appears to be intent on reasserting certain district controls and moving toward more traditional forms of governance and administration . How far this will go remains to be seen. The up side is that East Harlem`s radical system is well established; the schools have vocal, active, supportive clienteles, and they will fight any attempt to reduce their autonomy. But their problem, when all is said and done, is that they are subordinates in the hierarchy of democratic control, and what authority they have been privileged to exercise to this point has been delegated to them by their superiors-who have the right to take it back.

POLITICIANS AND BUREAUCRATS IMPOSE RESTRICTIONS ON SCHOOLS IN ORDER TO INSULATE SCHOOLS FROM CHANGE

John E. Chub & Terry M. Moe, Brookings Institution, 1990; POLITICS, MARKETS, & AMERICA`S SCHOOLS EE2000-sae p.42
	Unlike school owners in the private sector, those groups that gain access to public authority do not have property rights that guarantee them continuing authority over the schools. Their rights are temporary and can be taken away as new elections, new appointments, changes in political alignments, and all the usual dynamics of democratic politics give other groups heightened access to public authority. Groups fortunate enough to exercise public authority, therefore, know that whatever policies they put in place today threaten to fall under the legitimate democratic control of other groups tomorrow-groups that may act to subvert what proponents have labored so hard to achieve. If proponents want their new policies to flourish, these policies must somehow be insulated from legitimate democratic control by other groups in the future. This means that they must be insulated, so far as possible, from politics and public authority.

COUNTERPLAN -- SCHOOL CHOICE MUST BY-PASS STATE AND LOCAL GOVERNMENTS

LOCAL ADMINISTRATIVE REVIEW AND INVOLVEMENT IN IMPLEMENTING SCHOOL CHOICE PLANS CAN SERVE TO BLOCK THEM ALTOGETHER

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	Administrative review procedures which could be employed to limit access to the market include regulations regarding: ``1) compliance with zoning ordinances; 2) construction of facilities meeting state, county and local building codes and fire and safety regulations; 3) state or local regulation of a private [or for-profit] school; 4) teacher qualifications and pupil teacher ratios; and 5) curriculum requirements.`` n115 This list is expanded when one considers the social fallout associated with the elimination of a long-standing cultural and psychological investment in public education. n116 Moreover, by merely expanding regulatory mandates, current administrators in the public school system could limit the flexibility of market entrants and increase their costs.
Solomon, supra note 19, at 928 (observing that public school teachers, administrators and their unions could block the growth of for-profit schools through the use of restrictive regulations over zoning, facility construction, teacher qualifications and student-teacher ratios). 

MUST BY-PASS STATES AND LOCALS IN ORDER TO GUARANTEE THAT TRUE SCHOOL CHOICE IS IMPLEMENTED

Christopher D. Pixley, Vanderbilt University School of Law, 1998; Journal of Legislation ISSUES IN SCHOOL CHOICE: The Next Frontier in Public School Finance Reform: A Policy and Constitutional Analysis of School Choice Legislation // acs-VT2000
	Assuming public misconceptions of market-based choice proposals can be overcome, the true challenge will be the implementation of a voucher system. It has been suggested that a legislative or judicial victory for school choice supporters may not result in the alternatives they expect. n113 Because school choice will have to be implemented by local school districts and school boards, the implementation of a market system is subject to reformation by recalcitrant bureaucrats. John Chubb and Terry Moe have commented that the administrative process affords educators and public school administrators the opportunity to impose rules or procedures limiting student access to private and for-profit schools. n114 

BREAKING VARIOUS EDUCATIONAL TRUSTS IS A LEGITIMATE USE OF FEDERAL POWER

CHESTER E. FINN & MICHAEL J. PETRILLI, research fellows at the Hudson Institute, September 22, 1998,  The Public Interest, HEADLINE: Washington versus school reform; School Report, part 1 // acs-VT2000
	Vigorous trust busting undeniably smacks of Big Government. It`s as much a Washington-knows-best strategy as was the Great Society. But it directs that strategy against the genuine problems of 1998, rather than the vestigial problems of 1965. 

SCHOOL UNIFORM AFFIRMATIVE CASE

page	Argument

373		Connection exists between clothing and 				violence
374		School uniforms reduce violence
375		School uniforms increase academic 					achievement
376		Uniforms not an infringement on freedom of 			expression
378		Uniforms better than dress codes
379		Uniforms don`t solve all, but are a step in 			the right direction
380		Uniforms bridge economic gaps
380		Easy to administer
380		Courts will uphold with opt out
381		Parents and students support uniforms

 THERE IS A CONNECTION BETWEEN CLOTHING AND SCHOOL VIOLENCE

GANG VIOLENCE IS A SERIOUS THREAT TO SCHOOLS, AND DRESS CODES REGULATIONS ARE A WAY TO DEAL WITH IT

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	Unfortunately, since the early 1980`s gang life has taken on a much more violent and dangerous dimension. Gangs have become a new form of organized crime. The ease with which children can obtain guns and weapons has created a much more serious and dangerous group of gangs than before. Today`s gangs are involved in drug trafficking, extortion, and territorial wars: 
Gangs today plague all areas of the country. Presumably this is because of the decline in the nuclear family structure, the increase in poverty, and the lack of education and constructive alternatives for youths.... Gang members today achieve status and recognition through clothing, jewelry, hand signals, tattoos, and graffiti.... Recently American society has seen an increase in gang crimes committed over clothing. For gang members desiring various types of clothing, or merely desiring to humiliate other gangs, armed robbery and homicide become ways to achieve their goals. An unfortunate consequence of gang crimes committed over clothing is that innocent bystanders are often caught in the crossfire. n62     Gang violence has spread from the streets to the schools, threatening school environment. Stabbings, carrying weapons under clothing, threatening teachers and students, and selling drugs on school property have all become regular occurrences in many of our nation`s public schools. n63 Many school administrators have turned to dress codes as a way to curb violence in the schools. Many dress codes now restrict the wearing of gang clothing or gang symbols in public schools.

YOUTH FAD CLOTHING LEADS TO MURDER AND VIOLENCE

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Karon L. Jahn, School Dress Codes v. The First Amendment: Ganging Up on Student Attire 5, Address at the Speech Communication Association`s 78th Annual Convention (Oct. 30, 1992), microformed on Educational Resources Information Center (ERIC) No. ED 355595 (U.S. Dep`t of Educ.) (``There is no argument that adolescents are stealing the clothes off of other`s backs, or in extreme instances, killing their peers for Nike shoes and Triple F.A.T. Goose parkas.``). 

STUDENT DRESS CONTRIBUTES TO SCHOOL VIOLENCE

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Walking through the corridors of a public school, one is bound to encounter students sporting a variety of styles. Students` hair may be short or long, pink or purple. Ears, eyebrows, noses, and tongues are adorned with rings of all shapes and sizes. Jeans are baggy or skin-tight, ripped or intact. Schools are the fashion runaways of young America. 
Many school officials, however, believe that student dress choices often contribute to an increase of violence in the schools. n1 Students hide weapons in baggy clothes n2 and assault other students for their expensive clothes or  [*154]  jewelry. n3 Some educators link these crimes to gang activity, and certain clothing styles and colors have become a hallmark of gang membership. n4 Violence is prevalent in schools, whether urban, suburban, or rural in location. n5

SCHOOL UNIFORMS REDUCE VIOLENCE

SCHOOL UNIFORMS LED TO A DECREASE IN SCHOOL VIOLENCE

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	See U.S. Dep`t of Educ., School Uniform Manual 3-6 (1996) (reporting the experiences of seven school districts that have had mandatory or voluntary uniform policies in place for at least one year); see also Modzeleski, supra note 7, at 417 (asserting that school uniforms lead to decreases in violence, thefts, and gang activity); Stanley, supra note 2, at 426 (stating that uniforms may ease the strain on parental budgets). 

SCHOOL UNIFORMS MAKE IT EASIER TO SPOT INTRUDERS IN THE SCHOOL

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	See Stanley, supra note 2, at 426 (stating the views of school uniform proponents that student uniforms allow easier identification of intruders on school premises); Telephone Interview with Anne Guastaferro, Lawrence, Mass. School Department (Nov. 19, 1996) (stating that with 27 doors in the school, it is difficult to notice intruders without student uniforms).

UNIFORMS REDUCE VIOLENCE IN MANY FORMS

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	President Clinton and many school officials support the use of school uniforms as a means to reach these ends. n102 Approximately ten states have school districts with mandatory or voluntary uniform policies in place. n103 The school officials in these districts believe that uniforms prevent students from being attacked and robbed for their expensive clothing. n104 The use of uniforms may also reduce the number of weapons brought to school, because baggy clothing can provide a hiding place for guns and knives. n105 Uniforms can also protect children from assaults that result from wearing a gang`s colors to school. n106 Moreover, limiting the colors and styles of school dress may reduce some of the open hostility between rival gangs, thereby ``preventing an atmosphere of intimidation or disruption.`` n107

EMPIRICAL RESULTS SHOW THAT SCHOOL UNIFORMS REDUCE VIOLENCE

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Results in school districts that have implemented uniform dress policies support the conclusion that uniforms reduce violence and increase discipline, respect, and school spirit. For example, school uniforms are mandatory in all elementary and middle schools in the Long Beach Unified School District in Long Beach, California. n119 The uniform policy was implemented in 1994, and the following year studies reported significant decreases in school crime: fights (51%), sex offenses (74%), robbery (65%), weapons offenses (50%), assault and battery offenses (34%), and vandalism (18%). n120 Teachers and school administrators also reported improved behavior and increased cooperation among students. n121 Although the data is encouraging, it is important to note that the district was simultaneously implementing other school improvement policies that also may have contributed to the improved behavior. n122 District officials, however, ``think it`s more than coincidental`` that the improvements appeared concurrently with the start of the uniform policy. n123

MULTIPLE EXAMPLES SHOW WHERE SCHOOL UNIFORM POLICIES HAVE REDUCED SCHOOL VIOLENCE

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	School officials implementing a mandatory uniform policy at the South Shore Middle School in Seattle also noticed an improvement in the overall school atmosphere. n124 Similarly, a mandatory uniform policy at the George Washington Carver Elementary School in Kansas City resulted in a ``sense of calmness throughout the school.`` n125 And finally, since the implementation of the mandatory uniform policy at the Ruffner Middle School in Norfolk, Virginia, fighting has decreased by thirty-eight percent.

DRESS STANDARDS ELIMINATE FRICTION OVER CLOTHING

George Bullard, The Detroit News, May 19, 1999; Pg. Pg. A1 HEADLINE: Private schools safer  // acs-VT2000
	Many private schools have dress standards, which eliminate some of the friction found among public school students over clothing. 
As a measure to try to quash violence in public schools, state lawmakers have proposed a bill that ``encourages`` local public districts to require uniforms. 

SCHOOL UNIFORMS INCREASE ACADEMIC ACHIEVEMENT

SCHOOL UNIFORMS CONTRIBUTE TO OVERALL SCHOOL QUALITY, INCLUDING ACADEMIC ACHIEVEMENT

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Supporters of student uniform policies link uniforms to benefits other than violence prevention. Specifically, they credit uniforms for improvements in school discipline, respect for authority figures, academic performance, attendance rates, positive attitudes, and overall school climates, as well as reductions in peer pressure and financial strain on parents. n8 Student uniforms are also an effective safety measure, making visitors - or intruders - easier to distinguish on school premises. 

UNIFORMS HAVE A BROAD POSITIVE IMPACT ON THE SCHOOL, IMPROVING EDUCATION

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Proponents of uniform dress polices offer many other justifications for school uniforms. These include increased student discipline, respect for teachers, ``group spirit,`` socioeconomic leveling, and financial savings for parents. n108 These effects have an overall beneficial impact on the school atmosphere, thereby indirectly promoting education.

EDUCATORS REPORT A BROAD SPECTRUM OF ADVANTAGES FOR SCHOOL DRESS CODES

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	In contrast, school officials who favor dress codes often contend that they reduce classroom violence and improve the educational environment. Dress code proponents frequently assert that dress codes prevent students who are not involved with gangs from mistakenly being targeted as a gang member because of their dress. In addition, some educators report that dress codes reduce the number of fights in schools. Many educators who promote the establishment of dress codes also assert that dress codes improve the educational environment of the classroom by encouraging discipline, enhancing self-esteem, and promoting unity in the educational process. n4     

SCHOOL UNIFORM POLICIES ARE NOT AN INFRINGEMENT ON STUDENT FREEDOM OF EXPRESSION

BECAUSE SCHOOL UNIFORM POLICIES ARE CONTENT NEUTRAL, THEY WILL BE ALLOWED BY THE COURTS

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	Proponents of uniforms favor the argument that a ``uniform dress code is content neutral since its goal is to provide a safe and effective learning environment through a means unrelated to the speech`s content.`` n86 A regulation found to be content neutral receives lesser scrutiny than one found to be content based. A content neutral regulation simply must meet a substantial government interest and be narrowly tailored to meet that interest. n87

SCHOOL UNIFORM POLICY MEETS FOUR PART TEST FOR ACCEPTABLE REGULATION OF STUDENT SPEECH -- BAN ON SPECIFIC TYPES OF CLOTHING IS A LESS ACCEPTABLE APPROACH

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	School uniform policies infringe students` right to express themselves through their dress. Therefore, in order to be constitutionally permissible, a mandatory uniform policy must pass the four-part test of O`Brien. n166 First, the regulation must be within the government`s jurisdictional powers. n167 Because public officials are government actors, they have the constitutional power to promulgate school regulations as long as those regulations are constitutionally sound. n168     Second, the uniform regulations must further a substantial government interest. n169 It is unlikely that some of the purported benefits of school uni-  [*171]  forms, such as easing the economic burden of parents or improving school spirit, constitute substantial governmental interests. The link between these objectives and enhanced learning in the classroom is tenuous. However, the state has a substantial interest in maintaining the integrity of its public schools and in providing a sound education to its students. n170 School uniform policies can further these interests by ensuring a safe and productive learning environment. n171     Third, the government regulation must be content-neutral, otherwise it will be presumptively unconstitutional. n172 For example, a content-neutral regulation would prohibit all T-shirts rather than targeting T-shirts displaying a particular message. n173 A school uniform requirement is content-neutral in that it regulates all student dress without regard to any specific message. 
Finally, the restriction must be narrowly tailored to meet the school officials` interest. n174 Some might argue that a uniform policy is an overbroad regulation because it prohibits all choice of dress, not just that which is likely to incite gang violence or promote disciplinary problems. On the other hand, content-based regulations are presumptively unconstitutional. A dress code that prohibits only specific gang attire is less desirable than a uniform policy because it may subject the regulation to a higher degree of judicial scrutiny. n175 A blanket uniform policy does not target a specific message and is therefore subject to a lesser degree of scrutiny.

SCHOOL UNIFORM POLICY AVOIDS THE PROBLEM OF CONTENT REGULATION IN OTHER FORMS OF DRESS CODES

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	If a school district`s purpose for imposing a uniform requirement is to reduce violence, it may have no choice but to impose a seemingly broad regulation. Uniform requirements, however, are not per se overbroad. For instance, a school district may be concerned that certain gang colors incite violence or certain styles invite theft. School officials may feel that the only  [*172]  way to contend with the violence and theft is to regulate student attire. Because they may not be able to impose specific restrictions without running afoul of the content-neutral requirement, regulating all student attire may be the narrowest means available to meet the desired ends. 

TINKER DECISION PROTECTS STUDENT RIGHTS, BUT WOULD ALLOW SCHOOL UNIFORM POLICIES IF THEY SOLVE PROBLEMS

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	In Tinker, the Supreme Court was very protective of student rights. The Court ruled that a student`s dress choices may only be restricted when those choices threaten material and substantial interference with the school`s operation. n176 In Fricke v. Lynch, n177 the district court went further and required a showing of imminent disruption from the prohibited conduct. n178 Arguably, a uniform policy protects a school`s educative function by eliminating types of student dress that exacerbate violence and disciplinary problems. Therefore, school officials could argue that a school dress program would eliminate a major source of disruption, thus satisfying Tinker`s ``material interference`` requirement. In Karp, the Ninth Circuit permitted school regulation before any actual disruption, as long as the disruption was reasonably foreseeable. n179 To satisfy the more relaxed Karp standard, school officials could argue that student dress choices would foreseeably result in disruption and violence in the schools. Under either standard, school officials must show that a uniform requirement will prevent ``material interference`` with the school`s educational purpose. If they can establish this means-ends relationship, then their uniform policy will likely clear the first constitutional hurdle.

SCHOOL UNIFORM POLICIES ARE NOT AN INFRINGEMENT ON STUDENT FREEDOM OF EXPRESSION [P.2]

SCHOOL UNIFORM POLICY WOULD NOT VIOLATE SPEECH RIGHTS BECAUSE IT DOES NOT STIFLE STUDENTS VIEWS

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	The Tinker Court`s decision to invalidate the school`s content-based regulation banning students` arm bands is distinguishable from the implementation of a content-neutral school uniform program. n180 In Tinker, the school officials sought to stifle political opposition to the Vietnam War. n181 A school uniform is not designed to prohibit certain messages but rather is intended to promote various positive educational outcomes. Because the schools with uniform requirements are not seeking to stifle students` political views or messages, a court should apply a lesser degree of scrutiny than the Supreme Court applied in Tinker.

CONTROL OF GANG CLOTHING IS A JUSTIFIED INFRINGEMENT ON FREE SPEECH AS LONG AS THERE IS A REALISTIC CONNECTION TO VIOLENCE

Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	In Jeglin v. San Jacinto Unified School District, n71 a post-Hazelwood decision, the district court applied the Karp ruling to partially invalidate a school district`s dress code. n72 Fear of gang violence had motivated district officials to institute in all schools - elementary, middle, and high schools - a dress code that prohibited certain clothing associated with gangs, including attire bearing any official sport team or college name. n73 In balancing the students` First Amendment rights with the state`s interest in protecting the educational process, the court deferred to school officials` judgment. n74 Thus, the court did not hold school officials to a particularly high burden. Instead, it simply required a showing of the existence of some gang violence and proof that the prohibited conduct could result in school disruption. n75 The court did not find, however, that even this low burden was met in the elementary and middle schools, where the low incidence of gang activity did not justify the dress code`s First Amendment infringement.

THE NEED TO MEET THE GOALS OF EDUCATION JUSTIFY UNIFORM DRESS POLICIES

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	``[E]ducation is perhaps the most important function of state and local governments.... It is the very foundation of good citizenship.`` n96 In light of Fraser and Hazelwood, the policies underlying the promotion and suppression of students` First Amendment rights play a guiding role in courts` decisions. A school is a place for learning and social growth. School officials are responsible for ensuring that all students receive a well-rounded education. When school violence, discipline problems, negative attitudes, and peer pressure jeopardize students` education, school officials must take action. School officials are increasingly taking such action by instituting voluntary and mandatory uniform dress policies designed to ``promote school safety, improve discipline, and enhance the learning environment.`` n97

STATUS QUO USES DRESS CODES -- UNIFORMS ARE BETTER

DRESS CODES ARE GAINING INCREASING POPULARITY

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	The Controversy     Throughout the nation, as dress codes gain popularity in the public schools, the debate ripens on the effectiveness of, constitutionality of, and need for such restrictive regulations: 

UNIFORM POLICIES ARE SUPERIOR TO DRESS CODES AIMED AT GANG RELATED CLOTHING

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	Two principal reasons have been cited for the Code`s amendment. First, the difficulty and the time it takes to educate teachers and faculty about gang apparel distracts from the educational time the teachers should be spending with their students. With students in uniforms, teachers will not waste valuable teaching time trying to determine what is or is not gang clothing. Second, uniforms protect the students from being targeted as gang members, thus increasing their safety on the school campus. n79 Many states have followed California`s lead and have likewise adopted laws that allow school districts to mandate uniform policies.    

MANY, MANY SCHOOLS ARE MOVING TOWARDS DRESS CODES AGAINST GANG RELATED CLOTHING. FEWER TO SCHOOL UNIFORMS

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	This proliferation of violence in our schools has created a sense of emergency for school districts. As a reaction to this threat of violence, many school boards are currently enforcing mandatory dress codes. These codes prohibit students from wearing clothing that is identifiable as gang clothing, such as bandanas, particular colored handkerchiefs, college jackets, earrings, and accessories. Some states have even passed laws that allow the public school districts to mandate school uniforms. 

SCHOOL UNIFORMS ARE MUCH EASIER TO IMPLEMENT AND JUSTIFY THAN RESTRICTIONS ON GANG RELATED CLOTHING

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	Regulation requiring Uniforms     In an effort to curtail gang activity in the public schools, legislatures and school districts are encouraging and implementing uniform policies. Uniforms eliminate the need to monitor the  [*165]  constantly changing gang fashions. Further, uniform policies eliminate the need to determine whether schools can ban a particular article of clothing. n69 Public schools across the nation are experimenting with this restrictive form of dress code. Uniforms are traditional in American private schools and foreign public schools, however uniforms in American public schools are novel, and as of yet, legally untested. n70 The requirement of uniforms creates a new debate for the constitutional issues that have been previously addressed.   

SCHOOL UNIFORMS WILL NOT SOLVE ALL SCHOOL PROBLEMS, BUT THEY ARE A STEP IN THE RIGHT DIRECTION

SCHOOL UNIFORMS ARE A BAND-AID APPROACH, BUT THEY ARE STILL AN EFFECTIVE APPROACH AND A COMBINATION OF MANY SMALL SOLUTIONS CAN WORK TOGETHER

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	While there is not a single answer to the problems that plague public schools, a combination of many small solutions may work together to restore safety, respect, and learning to public education. Allowing schools to adopt dress codes that call for uniforms is one of the small solutions that has produced positive results. While the judiciary is divided on the standard of review for dress code issues, it appears that a dress code calling for uniforms will be upheld by the courts as constitutional and that school officials will be given great discretion in determining what their individual school needs. 

SCHOOL UNIFORM POLICIES ARE ONE OF MANY BAND-AIDS WHICH SHOULD BE APPLIED TO SCHOOLS

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	However, it is important to note that none of these suggestions, or even uniforms, are the magic pill to end school violence and restore respect. The solution will involve many band-aid solutions working together until the problems are solved

SCHOOL UNIFORMS CANNOT SOLVE ALL THE PROBLEMS OF EDUCATION, BUT THEY ARE A STEP IN THE RIGHT DIRECTION

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Violence, apathy, and competition are problems that are prevalent in schools and that have no easy solutions. A uniform policy may protect some children from assault for wearing the ``wrong`` color, but it will not cure the underlying wounds in our society. Nor will uniforms single-handedly end gang violence, raise students` self-esteem, or improve academic performance. Improving the educational environment requires dedication from an entire community that is committed to implementing a comprehensive school improvement program. n197 Although school uniforms alone cannot solve the problems facing our schools today, they may, in some school districts, be one beneficial step toward improving the public school environment.    

UNIFORMS BRIDGE ECONOMIC GAPS BETWEEN STUDENTS

SCHOOL UNIFORMS HELP TO BRIDGE THE ECONOMIC GAP BETWEEN STUDENTS

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Va. Dep`t of Educ., supra note 108, at 1; see also Guastaferro, supra note 9 (explaining that uniforms helped bridge the economic gap between students in a school district that included both middle class and low-income families).

SCHOOL UNIFORMS ARE A POWERFUL ECONOMIC EQUALIZER

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Some parents support school uniforms as a way of discouraging student preoccupation with brand names and fashion. n113 Many students face peer pressure to dress ``right,`` but the ``right`` clothes are often expensive. n114 Requiring all students to dress alike can help reduce obvious distinctions between ``the ``haves` and the ``have nots.``` n115 Uniforms are a great equalizer, requiring the richest and the poorest to dress alike. 

UNIFORMS ARE EASY TO ADMINISTER

SCHOOL UNIFORMS CAN BE INEXPENSIVELY AND EASILY DISTRIBUTED

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Uniforms should be available free of charge, or at reduced cost, to families that cannot afford them. n191 To aid low-income families, a school could institute a uniform buy-back policy from recent graduates or solicit financial support from local businesses. n192 Uniforms should be sold through the schools or in local retail shops to make it easy for parents to find and purchase them. If the uniform is not sold through the school, officials should compile a list of stores selling the articles. n193     

SCHOOL UNIFORMS SHOULD BE GENDER NEUTRAL AND RESPECT RELIGIOUS REQUIREMENTS

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	To avoid challenges on the basis of gender equality, uniforms should be gender neutral. If a school wants to include skirts for girls, they should offer a pants option as well. For example, in Lawrence, Massachusetts, high school girls may wear a navy skirt, navy or khaki pants or shorts, a navy vest, blazer, or sweater, and a white button down or polo shirt. n194 Similarly, a school may not prohibit religious attire such as yarmulkes or head scarves.

OPT OUT PROVISIONS WILL SATISFY COURT CHALLENGES TO SCHOOL UNIFORMS

SCHOOL UNIFORM POLICY CAN USE THE OPT-OUT SOLUTION FOR INDIVIDUAL ANGRY PARENTS

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	While there is no doubt that parental involvement increases the likelihood of a uniform program`s success, there are bound to be some parents who will oppose the program. One way to institute a uniform policy and still avoid potential legal battles is to either make the uniforms voluntary or, if mandatory, provide an opt-out provision for those parents who are strongly opposed. If parents can opt their children out of the program without repercussions, they will have no reason to bring legal action against the school district and its officials.

AS LONG AS SCHOOL HAVE AN OPT OUT POLICY FOR UNIFORMS, COURTS WILL APPROVE OF IT

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	To avoid these issues and resulting litigation, schools that have implemented uniform dress codes have an opt out policy. Students who do not wish to wear uniforms may be excused from doing so with the consent of their parents. n88 As long as school requiring uniforms have this opt out option, it is unlikely that the issue will make it to the courts. 

PARENTS WILL LOVE UNIFORMS AND SAVE MONEY

PARENTS FAVOR SCHOOL UNIFORM REQUIREMENT

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	See Helen Woods & Earl Ogletree, Parents` Opinions of the Uniform Student Dress Code 9 (1992), microformed on Educational Resources Information Center (ERIC) No. ED 355595 (U.S. Dep`t of Educ.) (discussing research findings from parent questionnaires in school districts with uniform requirements that indicated a positive attitude toward school uniform requirements, especially for their role in reducing clothing competition and furthering financial savings). 

SCHOOL UNIFORM POLICIES SAVE PARENTS MONEY, NOT A FINANCIAL BURDEN

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	School uniform policies can also save parents money. n116 Fashionable clothes are expensive, but by designing and implementing a low-cost uniform policy, school officials can help to ease parents` financial burdens. n117 Many school districts with uniform policies have also instituted programs to help low-income families acquire uniforms, such as obtaining financial support from local business communities and circulating graduates` used uniforms.

CALIFORNIA SHOWS STRONG PARENTAL SUPPORT OF SCHOOL UNIFORM POLICIES

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	According to a report on the Internet, n75 the California law adopted in 1994 allows parents to request exemption from the school uniforms. However, in Long Beach, less than one percent of parents have requested such an exemption. In an unofficial  [*166]  1994 survey, more than 80% of the Long Beach community supported the uniform policy.

ACCESS AND PURCHASE OF SCHOOL UNIFORMS IS AN EASY PROCESS, AND SAVE PARENTS MONEY

Amy Mitchell Wilson, Spring, 1998; Brigham Young University Education and Law Journal, Article: Public School Dress Codes: The Constitutional Debate // acs-VT2000
	Financial assistance is available to disadvantaged children who cannot afford uniforms. Privately funded at no taxpayer expense, local organizations have provided more than $ 160,000 in uniforms to Long Beach children. The uniform in Long Beach consists of navy blue pants, shorts, skirts, or jumpers and a white shirt or blouse. Each school selects its own uniform and it is available from more than forty local retailers and discount stores. Parents report that three uniforms cost about the same as one pair of designer label jeans. There are many other major school districts that have implemented uniform policies, including: Dade County, Florida; Baltimore, Maryland; Oakland, California; and Charleston, South Carolina. 

STUDENTS WILL SUPPORT SCHOOL UNIFORMS

STUDENT INVOLVEMENT IN SCHOOL UNIFORM SELECTION REDUCES STUDENT OPPOSITION

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Schools should also carefully consider both parent and student opinion when determining whether to institute a uniform policy. If students feel that they do not have any control over their school experiences, they will most likely resent a uniform regulation, thus diminishing the potential positive effects of the uniform requirement.

BASIC UNIFORM REQUIREMENTS WITH DETAILS ALLOWED TO VARY ATTRACTS STUDENT SUPPORT AND NOT INFRINGE ON RIGHTS

/Dena M. Sarke, February, 1998, Boston University Law Review NOTE: COED NAKED CONSTITUTIONAL LAW: THE BENEFITS AND HARMS OF UNIFORM DRESS REQUIREMENTS IN AMERICAN PUBLIC SCHOOLS //acs-VT2000
	Any amount of variety that a school provides will preserve a degree of student choice and promote some individuality. Thus, it will likely garnish greater student support than would a narrower, more restrictive uniform requirement. By following these guidelines, school officials will ensure that the  [*175]  uniform program is specific enough to accomplish its desired legitimate ends but sufficiently flexible so as not to unnecessarily infringe on students` rights.

CHOICE-VOUCHER FIRST AFFIRMATIVE SPEECH

The free market and free enterprise have made America what it is today. Unfortunately, the process which has made us prosperous and free has not been extended to American schools. Because we believe that free market education will improve academic achievement in America that my colleague and I stand Resolved: That the federal government should establish an education policy to significantly increase academic achievement in secondary schools in the United States.

We being with an analysis of the current situation in America`s schools

CONTENTION ONE: American high schools are in a mess
[pages 327-329]

CONTENTION TWO: Barriers prevent successful reforms
[page 352]

PLAN:

Through all legal, normal, and necessary means the federal government will give financial incentives to the states to adopt a choice-voucher system for high schools along the lines of that proposed by Chub & Moe of the Brookings Institution. Each student will receive a voucher for education which can then be redeemed at the school of his or her choice. Funding and enforcement through all normal means.

CONTENTION THREE: Market forces will improve the American education system
[pages 357-359]

SCHOOL UNIFORMS FIRST AFFIRMATIVE SPEECH

There is a wave of violence in our high schools. In this climate of fear and threat, it is difficult for students to learn and grow.

Because my partner and I believe that school uniforms at the high school level will reduce violence and improve academic achievement, we are Resolved: That the federal government should establish an education policy to significantly increase academic achievement in secondary schools in the United States.

CONTENTION ONE: Violence plagues our schools and clothing plays a part in it.
[page 373]

PLAN:

Through all legal, normal, and necessary means the federal government will give financial incentives to the states to adopt a school uniform system for high schools for the next academic year. Students and parents will be involved in uniform choice and there will be an emergency opt out provision. Funding and enforcement through all normal means.

CONTENTION TWO: School Uniforms are easy to adopt and administer
[pages 380-381]

CONTENTION THREE: School uniforms reduce school violence
[page 374]

CONTENTION FOUR: School uniforms increase academic achievement
[page 375]