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November 2011
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Advocacy Update: The Quarter in Review
by John Segota

Quiet August leads to Hectic September, October

As August in Washington, DC, heats up with hot and humid weather, the action tends to cool down with the U.S. Congress on recess and the president typically on the road or on vacation. However, that quickly changes come the beginning of September and everyone returns to go “back to school.” Here's a quick summary of some of the latest developments on issues and TESOL advocacy that are impacting you.

President Emphasizes Education in New Jobs Package
On 7 September, President Obama called a joint session of Congress to present a new jobs plan, hoping to garner support from both sides of the aisle for ideas and policy he asserts both Democrats and Republicans have supported in the past. Education is a critical piece to his plan. The massive proposal, which comes in at US$447 billion, includes a US$5 billion investment in community colleges for modernization plans, and would also invest US$35 billion to "prevent up to 280,000 teacher layoffs and keep police officers and firefighters on the job."

Unfortunately, the bill faces an uphill climb in Congress. In early October the bill was introduced—and promptly defeated—in the U.S. Senate. A week later a slimmed down version of the bill that focused on the US$35 billion to support educators, police officers, and firefighters was also defeated. Despite these setbacks, there are plans to get the jobs plan passed by inserting them into other pieces of legislation.

Get more information on the plan's education elements.
Read TESOL International Association's statement on the president's jobs package.

President Obama Announces NCLB Flexibility Proposal
On 23 September, President Obama held a press conference to offer flexibility exempting qualified states from some of the most burdensome provisions of the No Child Left Behind Act (NCLB). NCLB first came into law in 2002, and its reauthorization is 4 years overdue. While Congressional Democrats and Republicans agree that NCLB has been effective at calling attention to achievement gaps and providing data for schools to utilize, they also agree that a reauthorization is necessary to improve the education system and move beyond "teaching to the test" to reach curriculum-narrowing standards.

Congress has been unable to come to consensus on how to reauthorize the bill, leaving states struggling to meet the requirements set forth by NCLB and unable to implement state and local reform. Adequate yearly progress (AYP), measured by the disaggregation of data by different subgroups, tracks the proficiency levels of students in math and reading. Schools that do not meet AYP in all subgroups are deemed failing. In his remarks, President Obama stated that this type of situation is why he has moved forward with granting state flexibility around these troublesome provisions. "Given that Congress cannot act, I am acting," he said.

Get more information on the NCLB Flexibility Proposal.
Read TESOL International Association's statement on the NCLB waiver proposal.

AL Immigration Law Targeting Undocumented Students Goes Into Effect—Briefly
In June, the state of Alabama passed one of the strictest immigration laws in the United States, which, among other things, requires schools to inquire into and document the immigration status of all students. The law was immediately challenged in the courts, and many education, civil rights, and other advocacy groups voiced their objection to the law that appears to go against current U.S. statute. (In 1982, the U.S. Supreme Court ruled in the case Plyer v Does that all students—regardless of immigration status—are entitled to a public education.)
At the end of September, a federal judge blocked many elements of the law from going into effect. However, the judge let stand the provision in the law that required schools to document the immigration status of all their students. Advocacy groups across the country objected, and almost immediately schools in Alabama reported a drop in attendance for their Hispanic students. A few weeks later, a separate federal court blocked that provision from staying in effect pending further court challenges; however, the impact of the law had already been felt.
While this law and its reach are limited to the state of Alabama, it is just the latest example of a trend among states to enact very strict immigration laws targeting undocumented immigrants and students.

Read the joint statement from TESOL International Association and Alabama-Mississippi TESOL.

Senate Moves Forward on ESEA Reauthorization
On 11 October, Sen. Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor and Pensions (HELP) Committee, released a draft bill to reauthorize the Elementary and Secondary Education Act (ESEA). The 860-page bill is the result of months of bipartisan meetings between Harkin and Ranking Member Mike Enzi (R-WY), and proposes significant changes to the U.S. education system.

As for the content of the draft, the accountability system at the center of the much-maligned NCLB would be completely reinvented—eliminating AYP. Instead, states would have to ensure that all students are making "continuous improvement" in student outcomes. In addition, the looming 2013-2014 deadline for having all students proficient in math and reading is eliminated. The change has civil rights and disability groups up in arms; they welcomed AYP's requirements that they felt held schools accountable for educating the most at-risk populations and oppose what they consider to be a retreat from that responsibility.

The draft bill would also codify the Obama Administration's pet programs, including the Race to the Top program, Investing in Innovation (i3), and Promise Neighborhoods. The trend toward the development and adoption of college- and career-ready standards finds continued support in a requirement that states set them, either with other states or alone. In addition, the proposal revitalizes a legislative focus on the country's lowest performing schools and requires states to identify the 5% of lowest-performing schools for reform.
The following week, the Senate HELP Committee held a sometimes contentious markup session where numerous amendments were either passed or defeated. Ultimately, the bill was passed by the committee. However, it remains unclear whether the bill will make it to the Senate floor before the end of the year.

Read a general summary of the ESEA Reauthorization bill.
Read TESOL International Association’s comments on the draft bill.

TESOL International Association Hosts U.S. Department of Education Discussion Group
On 24 October, approximately 20 TESOL members from the Washington, DC, area participated in a discussion group at the TESOL International Association office led by staff from the U.S. Department of Education. The purpose of the discussion was to share some ideas and receive feedback from classroom teachers and other educators on some new policy ideas around the teaching profession.

Prior to the meeting, participants were given some background reading including articles and statements from the Department of Education on the teaching profession, as well as some pieces from researchers and others. At the meeting, participants were given a document that presented some broad-based ideas on ways the teaching profession could meet the new challenges of the 21st Century, and asked to give their reactions. Ultimately, the ideas generated in the discussion will be used to inform some policies under development at the Department of Education.

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Table of Contents
TC Homepage
Experience Speaks: On Professional Development
10 Useful Online Tools for Teaching
Lesson Plan: Service Learning
50 Years of Peace Corps
Advocacy Update
Association News
Resources
Job Link
Instructor of English, St. Mary College/Nunoike Culture Center, Nagoya, Japan

Coordinator of TESOL Initiatives, University of Dayton, Dayton, Ohio, USA

English Language Teacher, Confidential Employer, China

ESL Instructional Designer, Imagine Learning, Inc., Provo, Utah, USA


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