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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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Business

OP-ED: Proposition 44 Would Put a Price on Trust

The danger in Proposition 44 is not only its 90 percent figure. It is that the meaning of “qualifying” spending will be worked out later. A clinic preparing a budget today may not know whether a navigator, health educator, transportation program, outreach worker, technology upgrade, or other patient-support service will be counted the way it expects. Yet the financial consequence of getting it wrong could be immediate.

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Oakland’s public conversation about health care must begin with a simple truth: a doctor’s appointment is not the same thing as access to care.

For a mother juggling work and child care, access may mean a text-message reminder, a bus pass, an evening appointment, or someone who can explain what Medi-Cal covers. For an older patient managing diabetes, it may mean help scheduling a specialist visit and understanding new medications. For a family that has been dismissed or misunderstood in medical settings, access may begin with meeting a community health worker who knows the neighborhood, speaks their language, and treats their concerns with respect.

Community health clinics make that kind of care possible. They are part medical provider, part navigator, part educator, and part trusted local institution. Proposition 44 threatens to narrow the definition of what counts as patient care in a way that could undermine the very supports that allow patients to receive it.

The statewide measure would require covered nonprofit community clinics to spend at least 90 percent of their annual revenue on health care or qualifying program services. The ballot measure directs the Attorney General to establish more detailed guidance on what expenses qualify. Clinics that do not meet the threshold could face penalties for the difference. The Legislative Analyst’s Office reports that affected clinics currently spend an average of about 80 percent of revenue on health care services.

A percentage may look like a clean measure of accountability. But health care is not cleanly divided between what happens inside an examination room and everything that enables a patient to enter one.

Consider the work that happens before and after a visit. Clinic staff maintain confidential patient records. They follow up after missed appointments. They keep information systems secure. They recruit and train employees in an expensive and competitive health care labor market. They coordinate referrals, process claims, purchase supplies, maintain buildings, and make certain that patients are not lost somewhere between diagnosis and treatment.

Oakland families should not be asked to accept the fiction that these functions are unrelated to care.

The danger in Proposition 44 is not only its 90 percent figure. It is that the meaning of “qualifying” spending will be worked out later. A clinic preparing a budget today may not know whether a navigator, health educator, transportation program, outreach worker, technology upgrade, or other patient-support service will be counted the way it expects. Yet the financial consequence of getting it wrong could be immediate.

The Legislative Analyst’s Office says clinics falling short of the requirement could be required to pay the shortfall amount to the state and could seek to recover the money only if they show compliance within five years. The same analysis estimates state enforcement costs in the low tens of millions of dollars annually, supported by fees.

That is a troubling arrangement for organizations that are expected to provide care to people with the fewest alternatives.

Oakland has learned that trust is not built through slogans. It is built when a patient is listened to, when a parent can secure an appointment for a child, when a clinic returns a call, and when a person receives help without being shamed for their income, insurance, language, immigration history, or prior experience with the system.

For Black residents in particular, trustworthy care is not an abstract goal. Persistent inequities in health outcomes and patient treatment are real. Community-centered clinics can help bridge the gap with culturally responsive staff, patient navigators, behavioral-health programs, and partnerships that understand the conditions shaping health outside the clinic door.

Proposition 44 could pressure providers to treat those supports as expendable because they do not fit neatly into a state-enforced formula. That would be a mistake.

Accountability is necessary. Clinics that receive public resources should be transparent, well governed, and focused on their mission. But good oversight asks whether patients are being served well, whether money is managed responsibly, and whether communities can obtain needed care. It should not rely on a rigid ratio that may punish clinics for doing the hard work of reaching people who need more than a brief medical encounter.

A broad coalition of providers and community organizations opposes Proposition 44, including the California Primary Care Association, the California Medical Association, the California Hospital Association, Planned Parenthood Affiliates of California, and the California Teachers Association.

Oakland needs health policy that expands the circle of care. Proposition 44 risks drawing that circle smaller.

The Oakland Post editorial board urges a No vote on Proposition 44.

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Business

OP-ED: Proposition 40: It’s Time to Play Chess, Not Checkers

Proposition 40 would impose a one-time 5 percent tax on the wealth of Californians with more than $1 billion in assets. Most of that money would go toward health care, with the remainder supporting food assistance and education-related programs.

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I understand the frustration driving Proposition 40. I share our labor partners’ concerns about protecting health care and essential services at a time when working families are already under enormous pressure.

But labor itself is divided over Proposition 40, and there is good reason to look carefully at what this measure could mean beyond the money it promises to raise.

Proposition 40 would impose a one-time 5 percent tax on the wealth of Californians with more than $1 billion in assets. Most of that money would go toward health care, with the remainder supporting food assistance and education-related programs.

Those are worthy investments. The question is whether this is the right way to pay for them.

California’s independent Legislative Analyst says the measure could raise tens of billions of dollars in the short term. But that same analysis warns that California could eventually lose hundreds of millions of dollars a year in ongoing income-tax revenue if some wealthy taxpayers leave the state or change their financial behavior.

That matters because those dollars help support the General Fund and the broader system of programs and services Californians rely on.

So let’s be clear: This is not about feeling sorry for billionaires. Billionaires will be fine.

This is about protecting the people who will not be fine if we get the policy wrong.

For decades, those of us in Black media have watched public policy debates move from crisis to crisis. We have also watched Black communities deal with the consequences when decisions made in Sacramento or Washington did not fully consider what would happen two, three, or four moves later.

We know what happens when funding disappears. Community organizations struggle. Small businesses lose support. Programs serving young people are squeezed. Schools and local governments are asked to do more with less. The people with the fewest resources are usually the first to feel the consequences.

That history should make us cautious about making major changes to California’s tax system without considering the entire board.

If California believes billionaires should contribute more, then let’s have that conversation. There is nothing unreasonable about asking whether people who have benefited enormously from California’s economy should contribute more to sustaining it.

But we should build tax policy that is thoughtful, sustainable, and difficult to avoid. We should not create a temporary solution that could leave us confronting another revenue problem down the road.

This is also why I respect those in labor who support Proposition 40, even though I have reached a different conclusion. They are responding to very real concerns about health care and the people who depend on it. Those concerns should not be dismissed.

But neither should legitimate questions about Proposition 40.

Too often our politics tells us that if we agree with the goal, we must agree with the proposed solution. That is not how responsible public policy works.

You can believe health care must be protected and still question the mechanism being proposed to protect it.

You can believe billionaires should pay more and still ask whether this particular tax is the smartest way to accomplish that.

And you can stand with working people while insisting that California consider the long-term consequences for all of the public programs working people depend upon.

We need to stop treating complicated economic decisions like a game of checkers, where we look only at the move directly in front of us.

We need to play chess.

Look at the whole board. Think several moves ahead. Understand what happens after the first check is collected and spent.

The question before Californians is not whether billionaires can afford to pay more. They can.

The question is whether Proposition 40 is the right way to do it and whether we are confident enough in the consequences to make this kind of change.

Our communities cannot afford for us to discover the answer too late.

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Activism

Oakland Post: Week of September 30 – October 6, 2026

The printed Weekly Edition of the Oakland Post: Week of September 30 – October 6, 2026

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