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Congress Struggles to Replace No Child Left Behind

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Secretary of Education Arne Duncan (Courtesy Photo)

Secretary of Education Arne Duncan (Courtesy Photo)

By Jazelle Hunt

NNPA Washington Correspondent

WASHINGTON (NNPA) – As Congress works toward a comprehensive education policy that will replace the Bush Administration’s No Child Left Behind, two different bills from the House and Senate are up for consideration.

No Child Left Behind expired in 2007 – the law was the last time the original Elementary and Secondary Education Act of 1965 (ESEA) was renewed.

If either of the current proposals is signed into law in their current states, it could spell difficulties for Black and Brown children, according to Secretary of Education Arne Duncan.

“I always say that education is the civil rights issue of our time,” he said. “The next question we as a nation should be asking is whether Black children, Latino children…children around the nation – are they receiving the quality of education they need and deserve? And too often the honest answer is, not even close. There should be nothing political or ideological about this; this is about fighting for kids’ educational opportunity.”

Secretary Duncan believes that Congress’ resistance to federal oversight will weaken whatever law is passed. Neither the House’s Student Success Act (SSA) nor the Senate’s Every Child Achieves Act (ECAA) gives the Department of Education the authority to hold states accountable for educational outcomes, create national standards/mandates, or pass judgment on a state’s education system.

Also, neither bill closes the ESEA’s “comparability loophole” – a loophole that allows states to skimp on state and local funding for needy schools, forcing them to rely heavily on federal Title I money. As a result, high-poverty schools remain under-resourced and saddled with underpaid, inexperienced teachers, because the state won’t match the federal funds.

“Education will always be a primarily a local issue, but [there is] a clear federal role here on several levels. First of all, taxpayers…are putting billions of dollars out to states every year for poor children, for English language learners, for children with special needs,” Duncan said in an interview with the NNPA News Service. “And there’s no real accountability. Transparency by itself doesn’t change a kid’s opportunities.”

The similarities between the laws end there.

In general, the SSA seeks highly flexible public education by prohibiting almost all federal involvement, allowing states to create and rely on their own education plans instead. There are guidelines for what these plans must address, including a system to find and correct racial disparities, or deal with ineffective teachers. But the bill painstakingly avoids telling states how they should meet these guidelines.

A state can also create whatever curriculum it wants – as long as it includes at least math, literacy, and science, and state tests to go along with the curriculum. States would also be largely responsible for holding themselves accountable for their own strategies and all students’ academic success. The Department of Education would only be responsible for reviewing the states’ self-evaluations to make sure tax dollars aren’t misused. In that case, Secretary Duncan is only allowed to issue recommendations and public reports.

The SSA also includes a controversial “portability provision,” which would direct Title I funds wherever a low-income student is enrolled. Even a well-resourced public school or a private school could receive Title I funds if it has a single low-income student.

“House Republicans have chosen to take a bad bill and make it even worse,” Duncan said in a statement after the SSA was passed in the House. “This bill – which was passed in an entirely partisan fashion – represents a huge step backward for America’s students. They deserve better.”

The Senate’s ECAA attempts to provide state flexibility and more support than No Child Left Behind did, while still providing some federal guidelines. For example, while states would create their plans, the plans must be aligned with college entrance requirements or career/vocational education standards, and must include high standards for early childhood education programs, students with disabilities, and English language learners.

Under the bill, states are encouraged to use a variety of data in fostering and measuring student achievement, including projects, portfolios, and annual state exams. Both states and the Department of Education would share “best practices” from schools around the country.

The ECAA also sets aside funds solely for states to reward the best teachers and supports and interventions for less effective ones. Additionally, the state plans must distinguish between low-performing schools and those that need support for less-controllable factors, such as a high migrant student population.

Even the bill’s supporters have reservations, however. Last month, the Congressional Tri-Caucus, a coalition of the Black, Asian, and Latino Congressional caucuses, issued an open letter stating that while they appreciate the bill’s bipartisanship, it does not yet “do enough to protect the historically disadvantaged and vulnerable students the ESEA is intended to serve.”

A few amendments have been made since then, including guidelines for disabled students, increased access to STEM lessons and opportunities for “underrepresented” students, and better means of identifying and supporting homeless students.

Duncan hopes the final law will draw on best practices from school districts around the nation; cap the amount of time spent on standardized testing; close the comparability loophole; compel states to intervene and support the lowest-performing five percent of its schools; and grant the Department of Education Department the authority to implement and enforce these benchmarks.

The Senate will likely vote on a final version of the ECAA this week. When it does, key members of both chambers will have to find a way to combine their proposals and send one bill out for the President’s signature. If he rejects it, it’s back to the drawing board – or the ESEA just won’t be reauthorized anytime soon.

“Everyone has their opinions and debate is healthy and important. So I’ll just [reiterate], this is a civil rights law,” Duncan told the NNPA News Service. “This is fighting to increase equity and opportunity so that every child has chance at life. Educational opportunity has to be the equalizer in our nation, the one thing that will help equality the gap between the haves and have-nots.”

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Activism

Oakland Post: Week of February 11 = 17, 2026

The printed Weekly Edition of the Oakland Post: Week of – February 11 – 17, 2026

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Activism

Discrimination in City Contracts

The report was made public by Councilmember Carroll Fife, who brought it this week to the Council’s Life Enrichment Committee, which she chairs. Councilmembers, angry at the conditions revealed, unanimously approved the informational report, which is scheduled to go to an upcoming council meeting for discussion and action. The current study covers five years, 2016-2021, roughly overlapping the two tenures of Libby Schaaf, who served as mayor from January 2015 to January 2023.

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Dr. Eleanor Ramsey (top, left) founder, and CEO of Mason Tillman Associates, which conducted the study revealing contract disparities, was invited by District 3 Councilmember Carroll Fife (top center) to a Council committee meeting attended by Oakland entrepreneur Cathy Adams (top right) and (bottom row, left to right) Brenda Harbin-Forte, Carol Wyatt, and councilmembers Charlene Wang and Ken Houston. Courtesy photos.
Dr. Eleanor Ramsey (top, left) founder, and CEO of Mason Tillman Associates, which conducted the study revealing contract disparities, was invited by District 3 Councilmember Carroll Fife (top center) to a Council committee meeting attended by Oakland entrepreneur Cathy Adams (top right) and (bottom row, left to right) Brenda Harbin-Forte, Carol Wyatt, and councilmembers Charlene Wang and Ken Houston. Courtesy photos.

Disparity Study Exposes Oakland’s Lack of Race and Equity Inclusion

Part 1

By Ken Epstein

A long-awaited disparity study funded by the City of Oakland shows dramatic evidence that city government is practicing a deeply embedded pattern of systemic discrimination in the spending of public money on outside contracts that excludes minority- and woman-owned businesses, especially African Americans.

Instead, a majority of public money goes to a disproportionate handful of white male-owned companies that are based outside of Oakland, according to the 369-page report produced for the city by Mason Tillman Associates, an Oakland-based firm that performs statistical, legal and economic analyses of contracting and hiring.

The report was made public by Councilmember Carroll Fife, who brought it this week to the Council’s Life Enrichment Committee, which she chairs. Councilmembers, angry at the conditions revealed, unanimously approved the informational report, which is scheduled to go to an upcoming council meeting for discussion and action.

The current study covers five years, 2016-2021, roughly overlapping the two tenures of Libby Schaaf, who served as mayor from January 2015 to January 2023.

The amount of dollars at stake in these contracts was significant in the four areas that were studied, a total of $486.7 million including $214.6 million on construction, $28.6 million on architecture, and engineering, $78.9 million on professional services, and $164.6 million on goods and services.

While the city’s policies are good, “the practices are not consistent with policy,” said Dr. Eleanor Ramsey, founder and CEO of Mason Tillman Associates.

There have been four disparity studies during the last 20 years, all showing a pattern of discrimination against women and minorities, especially African Americans, she said. “You have good procurement policy but poor enforcement.”

“Most minority- and women-owned businesses did not receive their fair share of city-funded contracts,” she continued.  “Over 50% of the city’s prime contract dollars were awarded to white-owned male businesses that controlled most subcontracting awards. And nearly 65% of the city’s prime contracts were awarded to non-Oakland businesses.”

As a result, she said, “there is a direct loss of revenue to Oakland businesses and to business tax in the city…  There is also an indirect loss of sales and property taxes (and) increased commercial office vacancies and empty retail space.”

Much of the discrimination occurs in the methods used by individual city departments when issuing outside contracts. Many departments have found “creative” ways to circumvent policies, including issuing “emergency” contracts for emergencies that do not exist and providing waivers to requirements to contract with women- and minority-owned businesses, Ramsey said.

Many of the smaller contracts – 59% of total contracts issued – never go to the City Council for approval.

Some people argue that the contracts go to a few big companies because small businesses either do not exist or cannot do the work. But the reality is that a majority of city contracts are small, under $100,000, and there are many Black-, woman- and minority-owned companies available in Oakland, said Ramsey.

“Until we address the disparities that we are seeing, not just in this report but with our own eyes, we will be consistently challenged to create safety, to create equity, and to create the city that we all deserve,” said Fife.

A special issue highlighted in the disparity report was the way city departments handled spending of federal money issued in grants through a state agency, Caltrans. Under federal guidelines, 17.06%. of the dollars should go to Disadvantaged Business Enterprises (DBEs).

“The fact is that only 2.16% of all the dollars awarded on contracts (went to) DBEs,” Ramsey said.

Speaking at the committee meeting, City Councilmember Ken Houston said, “It’s not fair, it’s not right.  If we had implemented (city policies) 24 years ago, we wouldn’t be sitting here (now) waiving (policies).”

“What about us? We want vacations. We want to have savings for our children. We’re dying out here,” he said.

Councilmember Charlene Wang said that she noticed when reading the report that “two types of business owners that are consistently experiencing the most appalling discrimination” are African Americans and minority females.

“It’s gotten worse” over the past 20 years, she said. “It’s notable that businesses have survived despite the fact that they have not been able to do business with their own city.”

Also speaking at the meeting, Brenda Harbin-Forte, a retired Alameda County Superior Court judge, and chair of the Legal Redress Committee for the Oakland NAACP, said, “I am so glad this disparity study finally was made public. These findings … are not just troubling, they are appalling, that we have let  these things go on in our city.”

“We need action, we need activity,” she said. “We need for the City Council and others to recognize that you must immediately do something to rectify the situation that has been allowed to go on. The report says that the city was an active or inactive or unintentional or whatever participant in what has been going on in the city. We need fairness.”

Cathy Adams, president of the Oakland African American Chamber of Commerce, said, “The report in my opinion was very clear. It gave directions, and I feel that we should accept the consultant Dr. Ramsey’s recommendations.

“We understand what the disparities are; it’s going to be upon the city, our councilmembers, and our department heads to just get in alignment,” she said.

Said West Oakland activist Carol Wyatt, “For a diverse city to produce these results is a disgrace. The study shows that roughly 83% of the city contracting dollars went to non-minority white male-owned firms under so-called race neutral policies

These conditions are not “a reflection of a lack of qualified local firms,” she continued. “Oakland does not have a workforce shortage; it has a training, local hire, and capacity-building problem.”

“That failure must be examined and corrected,” she said. “The length of time the study sat without action, only further heightens the need for accountability.”

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COMMENTARY: The National Protest Must Be Accompanied with Our Votes

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

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Dr. John E. Warren Publisher, San Diego Voice & Viewpoint
Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper. File photo..

By  Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper

As thousands of Americans march every week in cities across this great nation, it must be remembered that the protest without the vote is of no concern to Donald Trump and his administration.

In every city, there is a personal connection to the U.S. Congress. In too many cases, the member of Congress representing the people of that city and the congressional district in which it sits, is a Republican. It is the Republicans who are giving silent support to the destructive actions of those persons like the U.S. Attorney General, the Director of Homeland Security, and the National Intelligence Director, who are carrying out the revenge campaign of the President rather than upholding the oath of office each of them took “to Defend The Constitution of the United States.”

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

In California, the primary comes in June 2026. The congressional races must be a priority just as much as the local election of people has been so important in keeping ICE from acquiring facilities to build more prisons around the country.

“We the People” are winning this battle, even though it might not look like it. Each of us must get involved now, right where we are.

In this Black History month, it is important to remember that all we have accomplished in this nation has been “in spite of” and not “because of.” Frederick Douglas said, “Power concedes nothing without a struggle.”

Today, the struggle is to maintain our very institutions and history. Our strength in this struggle rests in our “collectiveness.” Our newspapers and journalists are at the greatest risk. We must not personally add to the attack by ignoring those who have been our very foundation, our Black press.

Are you spending your dollars this Black History Month with those who salute and honor contributions by supporting those who tell our stories? Remember that silence is the same as consent and support for the opposition. Where do you stand and where will your dollars go?

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