The Student Privacy Racket

August 25, 2009

Public school systems have long hidden behind trumped-up claims of protecting student privacy to shield themselves from scrutiny for poor performance or misconduct, but this story from the world of higher ed really takes the cake.

The University of Central Arkansas (UCA) was in the practice of giving out “no-criteria presidential discretionary scholarships” totalling $1.6 million  from 2006 until the program was ended this year.  The no-criteria and discretionary feature of these scholarships are what have drawn concerns.  Folks suspect that these scholarships were being given to the children of politically powerful people and other key allies to advance the political interests of this public, state university and/or the private interests of key trustees and school officials.

The suspicion that there was political hanky-panky in selecting who would be awarded these no-criteria scholarships has some support:

An Arkansas Democrat-Gazette review of hundreds of emails awarding the scholarships showed UCA handed them out often with no criteria, in wideranging amounts and under the occasional recommendation of high-profile people.  Those who recommended recipients for the scholarships included the son of former Gov. Mike Huckabee, David Huckabee; state Sen. Steve Faris;  former Arkansas House Speaker Benny Petrus; and some current and former UCA trustees.

There is no way to really investigate these concerns further  because the university has refused to release a list of scholarship recipients.  The U.S. Department of Education isn’t helping at all.  In an advisory letter to UCA, the Department warned that “because the release of this type of scholarship information in personally identifiable form could be potentially harmful or an invasion of privacy, FERPA would preclude the University from disclosing this information without the prior written consent of the recipient.” 

The U.S. Department of Education joins public schools in having a long track-record of being overly and selectively protective of student privacy.  Universities regularly announce the names of recipients of scholarships.  For example, a quick Google search finds that “The Graduate School of the University of Central Arkansas recognized Angela Quattlebaum and Jamie Martin as the 2004-05 recipients of the Robert M. McLauchlin Graduate Scholarship.”

How can those names be released but not the names of the no-criteria scholarship recipients?  The logic, if you can call it that, is that a criteria-based scholarship is flattering to the recipient so that releasing the person’s name does no harm.  A scholarship given for financial need or with no criteria might be embarrassing, so the names of the recipients of those scholarships cannot be released.

This makes no sense.  Releasing the names of merit-based scholarship recipients still invades their privacy, even if with positive information.  For example, the UCA announcement of the McLauchlin Graduate Scholarship provides all sorts of details, like “Angela Beth Quattlebaum is from Helena, Arkansas… She is the daughter of Terry and Monica Quattlebaum of Helena. In high school, she was a Girls State Delegate and listed in Who?s Who Among High School Students…”  I strongly doubt that UCA received written permission from Ms. Quattlebaum before releasing all of this information about where she is from, who her parents are, and what she did in high school.  I’m perfectly fine with it, but this hardly seems like protecting privacy.

On the other hand, refusing to provide information about no-criteria scholarship recipients may shield them from the release of embarrassing information.  But that information would only be embarrassing if they were awarded these scholarships for reasons of political corruption.  If that were the case it would be especially important that the public be informed about this even if it were embarrassing.

(edited for typos)


The Special Ed DC Bubble

August 23, 2009

One of the (many) problems with education policy analysts is that a large number of them live in or around Washington, D.C. 

D.C. is a remarkably abnormal place.  Because of the giant distortions of the presence and subsidies from the federal government as well as the atypical set of people who live in that area, policy experiences in DC are very often quite different from the experiences in the rest of the country. 

The problem is that people tend to generalize from their immediate experiences.  If something happens to you, you hear about it from people you know, or you read about it in your local paper, you tend to think that’s the way it is for everyone.  So, DC education analysts are always at-risk of drawing policy conclusions based on incredibly atypical experiences.

For a prime example see Andy Rotherham and Sara Mead’s thoughts on special education vouchers:

In fact, if special education identification led to funding for private school attendance, it would be unusual if this did not create an incentive to participate in special education in many communities, particularly those with low-performing public schools. For example, Washington, D.C., and New York City currently contend with substantial abuse of special education by affluent parents. In addition, there are reports of parents seeking to have their students diagnosed with learning disabilities in order to gain accommodations on the SAT or for other reasons. [fn 27] 

For another example, listen to Amber Winkler, Mike Petrilli, and Rick Hess discuss our most recent study on special education vouchers (it starts around minute 11:00).  They generally do a good job of describing the study but they express doubts about our findings because they believe that parents, especially affluent parents, have considerable influence over special education placements.

On what basis do these D.C. education analysts believe that a significant number of parents, especially affluent parents, are gaming the special education diagnostic system to get access to advantageous accommodations or expensive private placements?  The evidence Andy and Sara provide in footnote 27 consists largely of newspaper accounts from Washington, D.C..  Mike and Rick provide no source and we can only assume that they are drawing upon their immediate experiences.

Of course, the antidote to mistaken generalizations from our limited and potentially distorted set of immediate experiences is the reliance on systematic data.  If we step back and look at the broad evidence, we can avoid some of the easy mistakes that result from assuming that everyone’s experience is like ours.  As it turns out, DC is a gigantic outlier.

School officials, not parents, make the determination of whether a student has a particular disability and what accommodations are necessary.  Parents are entitled to challenge the decisions of school officials, but they rarely do and even more rarely win those challenges. 

In the fall of 2007 there were 6,718,203 students receiving special education services between the ages of 3 and 21.  And that year there was a grand total of 14,834 disputes from parents resolved by a hearing or agreement prior to completion of a hearing (see Table 7-3).  That’s about .2% of special education cases that are disputed by parents or 1 in 500.

And as Marcus Winters and I described in our new study, schools prevail in most of these disputes:

According to Mayes and Zirkel’s (2001) review of the literature, “schools prevailed in 63% of the due process hearings in which placement was the predominant issue.” In cases where the matter went beyond an administrative hearing and was actually brought to court, one study cited in Mayes and Zirkel’s review found that “schools prevailed in 54.3% of special education court cases,” which the authors say is in line with the findings of other studies. In suits seeking reimbursement for private school expenses (because a special-education voucher program is unavailable), Mayes and Zirkel found that “school districts won the clear majority (62.5%) of the decisions.

In addition, as Marcus Winters and I documented in a 2007 Education Next article, private placement is amazingly rare.  Using updated national numbers from the federal government, as of fall 2007 there were 67,729 disabled students ages 6 through 21 who were being educated in private schools at parental request and public expense.  That’s only 1.13% of the 6,007,832 disabled students ages 6 through 21 and barely one tenth of one percent of all public school students.  If private placement supports Andy and Sara’s claim of “substantial abuse of special education” we’d have to redefine “substantial” to include minuscule proportions of students.

The systematic evidence clearly shows that school officials dominate special education, parents rarely challenge school officials’ decisions, schools win most of those challenges from parents, and parents very rarely get their children placed in private schools at public expense. 

So, why do Andy, Sara, Rick, and Mike ( as well as all of those DC reporters who Andy and Sara cite) believe that parents, especially affluent parents, control special education decisions?  Well, perhaps it is because in D.C. parents do have much more control than in the rest of the country. 

Remember how there were 14,384 students nationwide who resolved a dispute with their school over special education in a hearing or by agreement prior to the completion of a hearing?  DC contained 2,689 of those 14,384, or about 18% (see Table 7-3).  But DC represents only .15% of total student enrollment nationwide.  That means parents in DC are about 120 times more likely to lodge these challenges than the typical parent nationwide.

And while private placement is very rare, it is somewhat less rare in DC.  Out of 67,729 students privately placed at parental request, 1,864 of them were in DC, or about 2.75% of the total.  Again, given that DC student enrollment represents only .15% of national enrollment, DC students are about 18 times more likely to receive a private placement than students nationwide.

It’s clear that DC is just different — very different.  Making generalizations from DC experiences or newspaper articles is like saying that Seattle is a sunny place if you happen to arrive there on a day when the sun was shining.

D.C. isn’t the only outlier.  New York is also pretty atypical when it comes to special education.  Dispute resolution hearings in New York state are about 7 times more common than in the rest of the country.  And private placements are almost 3 times more common in the state of New York than they are nationwide.

It’s too bad that so many of our media and policy elites live in these two atypical places because they are giving us a very distorted picture of special education.  They need to get outside of their bubbles and rely on systematic data rather than immediate experiences.


Ed Next Goes All 21st Century On Us

August 20, 2009

Education Next launched a blog to accompany their re-designed web site.  It looks great!

And yours truly has a post on the Ed Next blog about teacher burn-out.  Check it out!


Great Minds Think Alike

August 19, 2009

Just as we released our new study on special education vouchers in Florida, Marc Thiessen and Michael O’Hanlon have a piece in USA Today advocating for the policy, specifically to help students with autism. 

Thiessen is a Republican and fellow at the Hoover Institution and O’Hanlon is a Democrat and fellow at the Brookings Institution.  Special education vouchers clearly appeal across party lines.  And since disabilities are distributed roughly evenly across all racial and economic groups, the programs can have a broad base of political support to be adopted and protected from destructive regulation or roll-back efforts.  One thing we are learning from urban voucher programs targeted at disadvantaged populations is that they are very hard to sustain politically.  The targeted groups are also the most politically powerless.


Special Ed Vouchers Restrain Growth in Disabilities

August 18, 2009

Marcus Winters and I have a super-awesome study released today by the Manhattan Institute.  It shows that offering disabled students special education vouchers reduces the likelihood that public schools will identify students as disabled.

This isn’t what Andy Rotherham and Sara Mead expected.  They claimed in a 2003 report for the Progress Policy Institute that: “special education vouchers may actually exacerbate the over-identification problem by creating a new incentive for parents to have children diagnosed with a disability in order to obtain a voucher.”

It didn’t. The reason special education vouchers restrained growth in disabilities, rather than exacerbate it, is that the vouchers check public schools’ financial incentives to identify more students as disabled.  Public schools may get additional subsidies when they shift more students into special education, but if they then make students eligible for special education vouchers, they risk having those students walk out the door with all of their funding.  It makes the public schools think twice before over-identifying disabilities for financial reasons.

And outside of the DC bubble, schools control the process of whether students are identified as disabled — not parents.  So, if we can check the positive financial incentives that public schools have for over-identifying disabilities, we can significantly slow growth in special education.

Nearly 1 in 7 students nationwide is now classified as having a disability.  That’s 63% more than three decades ago.  It’s clear that this huge increase in disabilities was not caused by a true increase in the incidence of disabilities in the population.  No plague has afflicted our children over the last three decades to disable two-thirds more of them.

Instead, non-medical factors have been driving special education enrollments higher.  Chief among these is the financial incentives we offer schools in most states to shift more students into special education by providing additional subsidies for each student classified as disabled.

Some states have reformed their special education funding formulas to end these financial rewards for higher special education rolls.  Greg and I reported in a 2002 study that states that continued to pay schools per student identified as disabled had much higher rates of growth in special education than states that had reformed their funding formulas.  Elizabeth Dhuey of the University of Toronto and Stephen Lipscomb of the Public Policy Institute of California have confirmed these findings.

Julie Cullen of UC San Diego has found that “fiscal incentives can explain over 35 percent of the recent growth in student disability rates in Texas.”  And Sally Kwak, a student of David Card at UC Berkeley and now a professor at U of Hawaii, finds a significant slow-down in special education enrollments when California reformed its funding system.

The new study Marcus and I released today builds upon this growing research by showing yet again that public schools strongly consider non-medical factors when deciding whether to classify students as disabled.  I don’t mean to suggest that all school officials are conscious of these incentives or acting with evil intention.  But it is clear that the system in which they operate and their actions are shaped by these financial incentives.

If we discovered that hospitals were filling their beds with healthy people who just felt a little tired in order to obtain additional government subsidies, we would be outraged and demand dramatic reforms.  Public schools are doing the same and it is time we get outraged and demand reforms.


Super-Awesome Study About to Be Released

August 17, 2009

I’ve heard there is a super-awesome study about to be released by the Manhattan Institute on how special education vouchers affect the probability that students will be newly identified as having a disability.  I hear the study is fantastic and the authors are super-smart.

Stay tuned!

UPDATE:  Here’s the study.


Public Schools Start 12-Step Program

August 17, 2009

The Wall Street Journal has a piece today on how urban school districts around the country have launched marketing programs to lure students back from charters and neighboring districts after having lost large portions of their enrollment. 

This is the first step in their 12-step program — acknowledging that they have a problem and need to do something about it.  For all of you folks out there who doubt that public schools respond to competitive pressure (Rick Hess, Sol Stern, Mike Petrilli, Kevin Carey, etc…), how do you explain this response?

I know, I know they might respond that marketing is not a real response in that it does not involve actually improving school quality.  That’s true, but if the schools are doing things to improve, how would anyone know about it if the schools don’t market their strengths? 

And I would agree that a marketing campaign is not a sufficient response, but it is an important sign that they are noticing the competition and experiencing pain from losing enrollment.  They’ve acknowledge that there is a power higher than them… and it is the customer.


Are Schools Prepared for the Flu?

August 11, 2009

Just because the current influenza epidemic has been relatively mild doesn’t mean that it will continue to be so.  If you want to read something scary, check out this paper by noted flu researcher, John M. Barry.  Barry is a distinguished scholar at the Tulane University Center for Bioenvironmental Research and author of the award-winning book on the 1918 flu pandemic, The Great Influenza: The Epic Story of the Deadliest Plague in History .

In the new paper, Barry writes:

The novel H1N1 virus [the current swine flu] seems thus far to be following the pattern of the first three pandemics, and it seems highly likely that it will return in full flower. If the virus is fully adapted to and efficient at infecting humans, this would occur soon, possibly during the influenza season in the southern hemisphere or possibly a few months later in the northern hemisphere. The 1918 and 1957 viruses both exploded in September and October in the northern hemisphere, even though this is not the influenza season….

The most disturbing pieces of information are two:

First, unlike seasonal influenza viruses, novel H1N1 seems to have the ability to bind to cells deep in the lung, which H5N1 does and which the 1918 virus could do.

Second, molecular biology has provided is that, according to scientists at CDC and elsewhere, “genetic markers predictive of adaptation to humans are not currently present in the [H1N1] viruses, suggesting previously unrecognized determinants could be responsible for transmission.” This suggests two things: first, this virus may have other things to teach us; second, we do not know the whole story of how influenza becomes transmissible from human to human, so our monitoring of H5N1 for these markers is incomplete.

Novel H1N1 also lacks genetic markers for virulence identified in the 1918 virus and is expected to remain a mild virus, but this information about transmissibility has unsettling implications.

H5N1 continues to infect and kill people, and Robert Webster, one of the most respected virologists in the world, has expressed concern about a further reassortment of novel H1N1 with H5N1. This is not so far-fetched. A recent laboratory study in which ferrets (the usual animal model for influenza studies) were coinfected with H5N1 and the seasonal H3N2 virus found that a new reassortant virus with genes from both was produced 9 percent of the time.This reassortant was likely much milder than H5N1 itself. (H5N1 is virulent because it binds only to receptors deep inside the lung; other influenza viruses bind to receptors, usually in the upper respiratory tract; the reassortants all were found in the upper respiratory tract.) But given the lethality of H5N1, a reassortant that includes it is frightening. Assuming H1N1 matures to full pandemic status and begins to infect 20 to 40 percent of the population, reassortment with H5N1 is a threat.

Let me translate — the current swine flu, called novel H1N1, is easily transmitted but relatively mild.  The same was true in the first waves of past pandemics.  But if there is a reassortment, a mixing, of H1N1 with the more lethal but less transmissible avian flu, H5N1, we are in for big trouble.  Laboratory experiments with ferrets suggest that the two might mix to combine the transmissibility of one with the lethality of the other. 

Don’t be fooled by the mild first wave.  The mixing could take place in a second or third season, as it did in 1918.

If this does happen we will have all sorts of things to worry about, but one of them is what we do about education.  Despite headlines declaring Swine Flu Should Not Close Most Schools, Federal Officials Say, we may well have to close large numbers of schools.  If that happens do we have contingency plans prepared?  Do we have plans to provide education even if large numbers of students have to stay at home?  Will we have procedures for using phone and internet technologies to disseminate assignments and instruction?

I’m willing to bet that fewer than 10 of the 10,000 school districts in the country have workable emergency plans ready for a deadly flu pandemic.  Just look at the school districts around New Orleans.  It’s not as if school districts all along the Gulf of Mexico should be surprised that a hurricane might hit and close school for several weeks.  It’s likely to happen at least with some districts on a fairly regular basis.  And yet none of them had workable plans for how to educate students when the schools closed.  They just relied on sending many of those students to other cities outside of the impacted area or leaving them to wander the streets.

But what will happen when schools all over the country are closing because of a deadly flu pandemic?  We won’t just be able to send the kids to some other, unaffected city.  Let’s hope and pray that it won’t happen, but that doesn’t mean we shouldn’t be prepared in case it does.


Schoolhouses, Courthouses, and Statehouses

August 9, 2009

The new book from Rick Hanushek and Alfred Lindseth, Schoolhouses, Courthouses, and Statehouses, is a remarkably comprehensive and accessible review of K-12 education reform strategies.  It’s a must-read for education policymakers, advocates, and students — at both the graduate and undergraduate levels.  Even experienced researchers will find this to be an essential reference, given its broad sweep and extensive citations.

The book basically makes four arguments.  First it establishes how important K-12 educational achievement really is to economic success and how far we are lagging our economic competitors in this area.  Second, it demonstrates the dominance and utter failure of input-oriented reform strategies, including across-the-board spending increases and class-size reductions.  Third, it describes how the court system has perpetuated failed input-reform strategies after having bought intellectually dishonest methods of calculating how much spending schools really need.  And fourth, it makes the case for reform strategies that involve “performance-based funding,” including merit pay, accountability systems, and choice.

None of these arguments is original to this book.  But to the extent that others have made these arguments, they have drawn heavily on Rick Hanushek’s research.  In this book you get to hear it directly from the source and you get to hear it all so persuasively and completely.

If I have any complaint about the book it is that they are too restrained in their criticisms of the methods by which adequate school spending has been determined and the “researchers” who have developed and profited from those methods.  These fraudulent analyses have justified court decisions ordering billions of dollars to be taken from taxpayers and blown ineffectively in schools.  And the quacks promoting these methods have made millions of dollars in consulting fees in the process.

Those methods include the “professional judgment approach,” which essentially consists of gathering a group of educators and asking them how much money they think they would need to provide an “adequate” education,  Naturally, they need flying saucers, ponies, and a laser tag arena to ensure an adequate education. 

Another method is the “evidence-based approach,” which selectively reads the research literature to identify what it claims are effective educational practices.  It then sums the cost of those practices while paying no attention to how many are really necessary for an adequate education or whether any of them are really cost-effective.

There is also the “successful schools approach,” which looks at how much money a typical successful school spends and calls for all schools to spend at least that much.  This of course ignores the fact that many successful schools spend less than the typical amount and are still successful.  One would have thought it impossible for them to be successful with less money than that deemed necessary to succeed. 

And lastly, there is the “cost-function approach.”  This approach takes the conventional finding that higher spending, controlling for other factors, has little to no relationship with student achievement, and then turns that finding on its head.  It does this by switching  the dependent variable from student achievement to cost.  The question then becomes: how much each unit of achievement contributes to school costs.  Switching the dependent variable does nothing to change the lack of relationship between spending and achievement.  If you hide behind enough statistical mumbo-jumbo you can hope that the courts won’t notice that there is still virtually no relationship between spending and achievement controlling for other factors.

The Hanushek and Lindseth book lays all of this out (see especially chapter 7), but they are remarkably restrained in denouncing these approaches and the people who cynically profit from them.  I don’t think we should be so restrained.  The promoters of this snake oil are often university professors with sterling national reputations.  They’ve cashed in those reputations to market obviously flawed methods.  We shouldn’t let them do this without paying a significant price in their reputation.

The University of Southern California’s Larry Picus, and the University of Wisconsin’s Allan Odden, are both past presidents of the well-respected American Education Finance Association.  They shouldn’t be able to sell the “evidence-based approach” to 5 states for somewhere around $3 million without people pointing and laughing when they show up at conferences.

I know that Rick Hanushek and Alfred Lindseth are too professional and scholarly to call these folks frauds, but I’m not sure what else one could honestly call them.  Rick comes close in his Education Next article on these school funding adequacy consultants, entitled, “The Confidence Men.”  But in this book,perhaps with the tempered emotions of his co-author,  he adopts a more restrained tone.  Perhaps this is all for the best because the book maintains the kind of scholarly temperament that strengthens its persuasiveness to those who would be more skeptical. 

This has been a great year for education reform books.  Schoolhouses, Courthouses, and Statehouses joins Terry Moe and John Chubb’s Liberating Learning, released earlier this summer, as members of the canon of essential education reform works.


Double Dipping

August 4, 2009

At a time when nearly 10% of American workers are unemployed, taxes are rising, families are tightening their belts, and the federal government has showered more than $100 billion in stimulus money on K-12 schools to avoid cuts, we are seeing a slew of newspaper articles about “double dipping” in education.  Double dipping is the practice of “retiring” from an education job and then, because of loopholes in teacher pension plans, returning to work with full pay and full pension benefits.  By doing so they can increase the money they take home by about 60%  for doing the same job (it varies across state plans and individual circumstances).  It’s a nice deal if you can get it.

A quick Google News search for double dipping teacher retirement yields the following 15 articles from 7 different states in the last month alone.  Maybe after seeing their ranks decimated by layoffs and pay-cuts reporters aren’t as eager to promote the false grievance of the starving teacher.

Contract allows one county to beat ‘double dipping’ law

Sarasota Herald-Tribune – Christopher Curry – ‎7 hours ago‎

But the School Board has grown divided over the DES of Florida contract this year, as double dipping has drawn increased scrutiny from lawmakers and the …

Pension limit lifted for working retirees

Arkansas Democrat Gazette – Andy Davis – ‎Aug 3, 2009‎

The income limit was imposed decades ago to “prevent the perception of double-dipping,” she said. But the retirement system had no way of making sure all …
The Plain Dealer – cleveland.com – ‎Aug 2, 2009‎
by The editors “Double-dipping” has been a fact of Ohio life for decades. In its purest form, the practice of letting some public workers bank both a full …

Teachers delay union negotiations

Winona Post – Cynthya Porter – ‎Jul 29, 2009‎

“You over-cut staff and now you’re really double dippingto bring them back.” After the meeting ended on that contentious note, Seeley said he was vexed by …

Vote postponed on raise for South Euclid-Lyndhurst superintendent

Sun News – cleveland.com – Ed Wittenberg – ‎Jul 29, 2009‎

Moores said the double-dipping aspect of a retire-rehire deal seems like a conflict of interest to him. “There are a lot of young, energetic teachers out …

EDITORIAL >>Taxpayers robbed again

Arkansas Leader – ‎Jul 29, 2009‎

After 30 years (now 28) of teaching, they could stop their payroll contributions to the Teacher Retirement System, and while they would not start drawing …

School Board ‘Retirees’ Pulling In $3.4 A Year

Broward New Times – Bob Norman – ‎Jul 27, 2009‎

Ricky Frey making nearly $320000 off of a popular state retirement scam for government officials that basically allows triple-dippingand opulant take home …

Teachers see retire-rehire practice end

Fort Wayne Journal Gazette – Angela Mapes Turner – ‎Jul 26

Lee educators get DROP on law’s loophole

The News-Press – ryan lengerich – ‎Jul 25, 2009‎

The so called “double dipping” has caused controversy, especially for elected officials. Appraiser Ken Wilkinson took all December off, just a month after …

Saturday special: Double dippers

Arkansas Times – ‎Jul 25, 2009‎

For elected officials, it’s an even sweeter double-dip because they can double-count their years of service. That means their retirement pay might equal …

More on double dipping

Arkansas Times – ‎Jul 23, 2009‎

Double dipping is rampant throughout the ranks of state government — and legal. Teachers got on the train early with the T-drop retirement programs that …

Geiler lands at Providence Day

CharlotteObserver.com – Langston Wertz Jr – ‎Jul 21, 2009‎
… come back to a new job, where he could collect retirement plus a new paycheck. “I sat at home and all these thoughts about how I’d double dip,” he said. …
Silver City Sun News – Nick Mandel – ‎Jul 20, 2009‎
Or the double-dipping practice, allowing former retired state and local government employees to return to work for public-sector organizations and continue …
Examiner.com – ‎Jul 14, 2009‎
We also need to halt the seemingly endless accumulation of sick and vacation days. Double dipping needs to end, too. No rehire after retirement. …
Muncie Star Press – Joy Leiker – ‎Jul 12, 2009‎
But school officials dismiss the notion they’re double-dipping. “I think most people see it as a savings for the corporation,” said Cowan Community Schools …
(edited for typo)