Lawmakers fighting Markell on education
By Matthew Albright and Jonathan Starkey, The News Journal
After years of pushing education reforms in Delaware, Gov. Jack Markell is facing a revolt in the General Assembly.
Lawmakers, including many from his own party, have little faith Markell’s Department of Education knows what everyday educators think is the best way to improve schools. They are skeptical the $119 million federal Race to the Top grant, one of Markell’s signature education achievements, has done any lasting good.
Legislators are sending a clear message that they need to more actively make policy on behalf of classroom teachers and district leaders, rather than approving a top-down state agenda led by Markell and his education secretary, Mark Murphy.
“It’s not just the representatives and the senators who are having problems with the way things are going, it’s parents, it’s teachers, it’s people on the local level,” said Rep. Kim Williams, D-Newark. “There are loud voices out there saying, ‘We’re done. We’re tired of being told how to teach and how to run our schools.’ ”
Markell acknowledges he and Murphy are taking heat for some of their proposals.
He contends the education system is improving, pointing to a steadily declining dropout rate, a growing number of students taking and passing Advanced Placement and college-level classes, more low-income students in highly-rated preschool programs and more students applying to college.
“It’s no surprise to me that there’s some controversy and angst over some of the things we’ve done,” Markell said. “But the results speak for themselves. And I’m more concerned about results than I am about what people think about me.”
A bill strongly opposed by Markell that would let parents pull their kids out of standardized tests sailed almost unanimously through the State House of Representatives, and several other bills aimed squarely at reducing the authority of the Department of Education are in the works. Budget-writing lawmakers slashed in half a request to continue Race to the Top initiatives and balked at a request to pick up the tab for 10 department positions paid for in the grant.
“I think there’s frustration among parents and educators and students that education policies don’t seem to be based on feedback coming from the classroom,” said Sen. Bryan Townsend, D-Newark. “I think also though that now is a natural time for us to take a step back and re-assess what we’re doing. Race to the Top has naturally come to an end, and I think we’re at a point where the question is, what’s next?”
The challenge, Townsend argues, is moving in a new direction without abandoning some of the good things that have happened in schools.
“It’s about our educators who are very justifiably tired of yet another iteration of education reform, but it’s also the business community that sees a lot of progress and wants to see some accountability,” Townsend said. “It’s parents who are trying to be involved in the process. I’m worried that, whatever the next steps are, that people are going to view them as just another round.”
A Different Agenda
There is no better symbol of lawmakers’ willingness to buck Markell’s will than House Bill 50, which would explicitly allow parents to “opt out” of the statewide standardized test.
Markell says that’s a bad idea because the state needs good test-score data to make smart policy, especially when it comes to closing the achievement gap for low-income and minority students.
But when the House took up the opt-out bill, sponsored by firebrand Markell critic Rep. John Kowalko, only three representatives out of 41 voted against it.
That’s a massive margin in a Democrat-controlled chamber for a bill that a Democratic governor has so strenuously protested.
“I was frankly stunned by the margin,” Kowalko said. “That hasn’t happened before.”
Kowalko, who has fiercely criticized Markell in previous years, believes there is a “new awakening” where lawmakers are starting to look more critically at what the executive branch proposes.
Lawmakers say they voted for the bill because they routinely hear from teachers and parents that Delaware tests students too much and stakes too much on the results.
The Delaware Parent-Teacher Association and the Delaware State Education Association union both urged lawmakers to vote yes.
Markell has acknowledged the concerns over testing, and the Department of Education is reviewing tests to see if any extraneous ones can be eliminated. But Markell says he isn’t backing away from the Smarter Balanced Assessment, the state test that teachers complain is overused in judging students, teachers and schools.
Markell has not said whether he will sign the opt-out legislation if it clears the Senate and reaches his desk. If not, it would not be the first time Markell has wielded his veto pen.
But the governor, working throughout his term with a Democrat-controlled General Assembly, has not found himself in that position much.
Markell has vetoed just 13 pieces of legislation since 2009. And he has never vetoed a bill related to education.
The other major education legislation this year would redistrict Wilmington schools and create a weighted funding formula to students. The Wilmington Education Advisory Committee, led by Bank of America Executive Tony Allen, has led the charge for those changes.
Though Markell created the Committee, it has operated independently of the governor and the Department of Education.
Markell supports those bills. But he said his primary focus right now is making sure some of the programs he thinks are most important and have already passed the legislature — higher academic standards and more access to good preschool, for example — grow and are implemented well.
“I don’t have any big new bills that I’ve spent a lot of time on, for sure,” he said. “We’ve started a lot of big things. So a lot of it is not necessarily legislative in nature at this point.”
Reining in the Department of Education
Legislators are taking steps to shrink the size and power of the Department of Education, which many school district educators believe has grown too powerful under Race to the Top and Markell’s tenure.
There were signs this would be a tough legislative session for the Department well before HB 50.
Near the start, lawmakers grilled Secretary of Education Mark Murphy and senior Department of Education staffers for hours, both in the budget-writing Joint Finance Committee and the House Education Committee.
“You may have a view of the wonderful things Race to the Top has done, but the public does not appear to share that view,” said Rep. Joe Miro, R-Pike Creek Valley.
During legislative budget meetings last week, lawmakers expressed concerns with Markell’s education policy, and voted to cut by half the governor’s $7.5 million plan to fund high-paid positions in the Department and programs previously covered by the Race to the Top.
“I can’t support this spending, this continually throwing money at something that’s not working,” said Sen. Dave Lawson, R-Marydel. “It’s just a poor investment. I don’t think anyone in this room, at this table, would put money into it out of their own pocket. I’m very disappointed in what I’m seeing from the top.”
Members of the budget-writing Joint Finance Committee took extra steps to show they had little confidence in Markell’s education bureaucracy to use the money as intended.
They moved most of the remaining appropriations, more than $3 million, into budget lines that directly fund school district operations, not the Department of Education. And they approved epilogue language that prevents the Department of Education from using any of the money to add or retain positions in the department.
“We want to make sure the money that we did fund goes to the purposes that we’ve specified,” said Rep. Debra Heffernan, D-Bellefonte, a budget committee member. “I just think that the epilogue language clarifies and makes it perfectly clear where that money is going to go.”
In addition to shrinking the size of the department, some lawmakers think the state exerts too much influence over schools that should be locally run.
Williams, for example, has filed a bill that would give local administrators and school boards sole authority over hiring and firing.
That’s a direct response, she says, to the state’s controversial Priority Schools plan to improve six inner-city Wilmington schools. State leaders said the plan would funnel much-needed money and talent into schools with sagging test scores, but they soon drew outrage from those schools’ parents and teachers.
The Department of Education, which said elite educators could turn around those schools’ sagging test scores, clashed with the Red Clay and Christina School districts, which bristled at the notion that state leaders should have any say in who runs their schools.
Williams and other lawmakers say the fight over Priority Schools, more than any other debate over education, energized opposition among teachers and parents.
Some lawmakers have taken aim at Secretary Murphy in particular.
“We don’t see him day-in, day-out in Legislative Hall, having conversations with us,” Williams said. “I think, unfortunately, people have lost faith in the Department and Secretary Murphy. They’re not willing to just go along with them anymore.”
Sen. Bryan Townsend, D-Newark, has filed a bill that would require the Secretary of Education to have at least 10 years’ experience in schools, at least of six of them as a classroom teacher.
That bill aims to address criticism of Murphy, who was a classroom teacher for only three years before climbing the ranks of administration and education nonprofits.
The Delaware State Education Association, the state’s largest teachers’ union, voted no confidence in Murphy earlier this year, the first time the organization has taken such a step.
Murphy, in a statement issued through a spokesperson, cited the same educational achievements as Markell.
“There’s no question that this work has not been easy and we have asked a lot of everyone involved in our education system,” the statement said. “We understand that not everyone agrees with everything we have done and that many pieces of legislation proposed have been in direct response to certain initiatives that have been controversial. That said, the progress our students are making shows that an enormous amount of positive work is happening. We are committed to continuing to make that progress.”
Markell said people are rushing to judge the Department because of a few controversial proposals. The Department doesn’t get enough credit, he argues, for coordinating things like the state’s College Application Month, where kids signed up for college during the school day, or Pathways to Prosperity, where students get real-world experience that sets them up for careers.
“Most of what the Department does is not controversial,” Markell said. “And even our biggest detractors have recognized that [Priority Schools] has brought some much needed attention to these schools, even if it got a lot of people really riled up.”
Markell has his defenders, including Rep. Melanie George Smith, the budget committee’s co-chair who came to the governor’s defense amid criticism last week.
“What we have in front of us is our governor….who has spent an awful lot of his administration really focused on what we can do better to help teachers, what we can do better to help students,” Smith said during public budget negotiations.
Some political observers say backlash is almost a given.
“When you try to make drastic change, you’re going to hit nerves, on both sides,” said Rhett Ruggerio, a longtime Democratic operative and Dover lobbyist who represents charter schools. Everybody is well intentioned. The problem is they have strong philosophical differences.”
Ruggerio said much of the disagreement appears to have stemmed from Race to the Top, and questions over whether the program’s experiments have helped Delaware’s public schools.
Ruggerio defended Murphy, saying he “has been pretty aggressive, I think for the right reasons. He wants to make change,” Ruggerio said. “It’s very difficult to do that unless you’re willing to take a risk.”
The growing backlash against “education reform” in Delaware mirrors a national trend that has seen the rise of groups like the “Badass Teachers’ Association,” a loose coalition of fed-up educators. In places like New York, the outcry has gotten so loud that some school districts have seen more than half of parents opt their kids out of standardized tests.
Delaware lawmakers “are focused on making sure all Delaware public school students have a real chance to achieve success,” said Frederika Jenner, president of the Delaware State Education Association, the teachers union.
With the expiration of Race to the Top funding, “now is the time for the General Assembly to weigh in on what they believe has worked and what hasn’t worked,” Jenner said.
If the momentum really is shifting in Delaware education policy, many people, like Sen. Townsend, hope that doesn’t mean everything built in the past few years crumbles.
“I think a key point is that there have been successes and there have been some not-so-successes,” Townsend said. “We understand there’s a need for course-correction. But let’s not pretend that everything hasn’t gone well.”
Townsend said, for example, that the state’s move to the Common Core State Standards will be a good thing, even though some schools have faced hiccups in implementing it. Common Core is a set of new, higher academic expectations for students.
Markell frequently says adopting and defending those standards in Delaware in the face of growing national criticism is one of his highest school priorities. In other states, lawmakers have eliminated or drastically modified Common Core, but, though some teachers have criticized the standards’ implementation here, no serious repeal effort has gained steam in the General Assembly.
Some of the inroads Markell’s administration has made with getting the business community involved in education, connecting students with jobs, internships and real-life learning experiences, should be made more common, Townsend said.
Though Townsend agrees with many teachers that the state’s way of judging teachers needs a great deal of work, he says Delaware is ahead of other states in some ways.
“I think this concept of trying to have accountability is important,” he said. “We need to improve it, definitely, but let’s not just get rid of this idea entirely.”
With Markell approaching the end of his second term, many lawmakers say the next governor will play a big role in steering the state’s educational future.
“I think one of the things our next governor is going to be elected on is education,” Williams said. “I know that’s going to be the biggest factor for me.”