Civil and Human Rights Coalition Statement on President Obama’s ESEA Waiver Announcement

Media 09.23,11

Washington, D.C. – Wade Henderson and Nancy Zirkin, president and executive vice president of The Leadership Conference on Civil and Human Rights, respectively, issued the following statement on the Obama administration’s policy on granting waivers to the minimum benchmarks for schools set by the Elementary and Secondary Education Act (ESEA). The Leadership Conference recently sent Secretary Arne Duncan a set of recommendations (PDF linked here) for granting waivers in advance of today’s policy announcement.

“We commend President Obama and Secretary Duncan for their leadership on education, including their continuing efforts to address achievement gaps and our nation’s dropout crisis, as well as to maintain and expand access to higher education. Equal access to high-quality public education is the single most pressing civil and human rights issue of this century. If we don’t educate all children – and educate them well – our future as a nation is in serious jeopardy. 

Right now, our public schools are failing millions of kids – especially those who are Black, Brown, and low-income; children with disabilities; and those just learning the English language.  Granting waivers to the standards required by ESEA has tremendous potential to adversely impact these students and their communities.

We believe that a rewrite of ESEA can pave the way for more effective systems of school improvement and accountability for all our communities, and we applaud Senator Tom Harkin and Representative George Miller for their efforts to make this happen. Unfortunately, Congressional inaction has forced the President to step in to offer a way forward for states seeking to raise academic standards and to provide all students an equal opportunity to learn and to realize the American Dream.

Over the next several days, The Leadership Conference will carefully review the details of the administration’s plan to provide incentives for states moving in the right direction through a process of waivers and revised accountability plans.  We are encouraged today by the commitment of President Obama and Secretary Duncan to require states’ assessment and accountability systems that: 

  • Continue to include all students in all schools;
  • Set and use annual performance targets for students of color, students living in poverty, English learners, and students with disabilities;
  • Address non-academic factors (such as school climate and student health) in turnaround schools; and
  • Take steps to remedy the inequitable distribution of qualified, experienced teachers.

We are also pleased that the Secretary is committed to ensuring community, parent and educator engagement and a transparent, inclusive process of peer review and evaluation of state plans. At the same time, we must acknowledge the historic fact that states more often than not have failed to provide equal educational opportunities. 

The Leadership Conference believes that education is a fundamental civil right for all.  Yet, 57 years after Brown v. Board of Education, education resources continue to be distributed inequitably, with the result that the students who need the most—whether measured in terms of early childhood education, learning time, extra help and supports, challenging content, or highly qualified teachers—are systematically given less. 

While we recognize and support state efforts to collaborate and adopt college and career-ready standards, states (and school districts) must do more than merely adopt new standards and assessments. They must take steps to ensure that the standards are put into practice, particularly in high-poverty and high-minority schools.  They must recognize the rights and needs of children with disabilities and limited English proficiency, and ensure that this current standards movement, unlike previous reform efforts, does not leave these students behind.

In short, our country urgently needs to make more progress in ensuring equal access to education, from preschool through postsecondary education.  In redesigning their accountability systems, we call on states to live up to both the promise of Brown and their own constitutional standards.

Wade Henderson is president and CEO of The Leadership Conference on Civil and Human Rights and Nancy Zirkin is the executive vice president for policy at The Leadership Conference, a coalition charged by its diverse membership of more than 200 national organizations to promote and protect the rights of all persons in the United States. The Leadership Conference works toward an America as good as its ideals. For more information on The Leadership Conference and its 200-plus member organizations, visit www.civilrights.org.