Compass Point
A Weekly Collection of Data, Articles and Insights from the Commonwealth Educational Policy Institute
A project of the Virginia Commonwealth University's Center for Public Policy
L. Douglas Wilder School of Government and Public Affairs
CEPI in the News
Today's Top Opinion: 2014 comes to an end
Richmond Times Dispatch
December 31, 2014

"Central Virginia lost Beverly Reynolds, an unsurpassed patron of the arts; Bill Bosher, a beloved educator; and Cameron Gallagher, a teen whose life and passions drew attention to depression among the young."
Articles of Interest
State & Local Policy

Education: Foundation for our children and our commonwealth
Op-Ed, Del. Steve Landes Richmond Times Dispatch
January 8, 2015

When the 2015 session of the Virginia General Assembly convenes Wednesday to debate and deliberate on a number of important issues, no issue will be of more long-term importance to our commonwealth than education.

Over the past few years, the House of Delegates has improved Virginia’s education system by rewarding excellent teachers, reforming failing schools and giving students and parents more pathways to success. The 2015 General Assembly session will build on those successes.

Enrollment drops at Va. public colleges; universities

Associated Press
January 13, 2015

A new report shows enrollment is down at more than half of Virginia's public colleges and universities in the current academic year.

The report by the State Council of Higher Education for Virginia says fall enrollment declined at eight of the state's 15 four-year schools, compared to fall 2013.

Total head count dropped from 214,667 students to 213,718. It's the first year-to-year decline in enrollment since 1994.

During the same period, enrollment at private, nonprofit four-year institutions rose from 131,910 students to 135,910.

Tod R. Massa, the council's director of policy research, tells the Richmond Times-Dispatch that Liberty University provided 61 percent of the private college enrollment, with 81,459 students.

Federal Policy

Scott Statement on Election as Ranking Member of Committee on Education and the Workforce

Office of Rep. Bobby Scott

Congressman Robert C. “Bobby” Scott (VA-03) released the following statement today on his election as the Ranking Democratic Member of the Committee on Education and the Workforce for the 114th Congress:

“I am honored to be elected by my colleagues to lead Democrats on the Committee on Education and the Workforce in the 114th Congress. When I was first elected to Congress, I was privileged to serve on this committee to promote educational opportunity for all children, economic justice for families and fairness and safety for America’s workers.

“During my tenure on this Committee, I have learned from some great leaders – from Chairman Bill Ford and Ranking Member Bill Clay to our retiring Ranking Member and former Chairman George Miller. This committee raised the minimum wage twice; protected child nutrition and head start programs from deep cuts; significantly reduced interest rates for federal student loans while securing the largest investment in higher education since the G.I. bill; and we proudly passed a law that makes quality and affordable health care for all a reality. We still have more work to do.

Arne Duncan questions GOP plans for 'No Child' update
Politico
January 12, 2015

Education Secretary Arne Duncan on Monday called the landmark No Child Left Behind law “tired” and “prescriptive” but challenged Republicans who are working on a rewrite to keep intact key elements of the law, including annual testing of students, public reporting of results and mandatory intervention in failing schools.

To gut those measures, he said, would be to fail students.

“For a Republican Party that has fought hard against wasting money, that has pushed for a focus on results for taxpayer dollars, turning back the clock would be truly hypocritical,” Duncan said in a speech at a Washington, D.C., elementary school. “This country can’t afford to replace ‘The fierce urgency of now’ with the soft bigotry of ‘It’s somehow optional’,” he continued, referencing President George W. Bush’s 1999 speech decrying lower expectations for disadvantaged children.

A New Year:  Changes and Continuity

Welcome to 2015.  The new calendar brings a number of changes, even beyond that annual struggle for students as they date homework assignments to remember what number to write at the end of the date. 

In the federal and Virginia legislature's, the new year brings the swearing in of first year members and a shuffling of seniority and committee assignments.  Congress has already gotten underway. Of note for education-interested persons in the Commonwealth - Rep. Bobby Scott (VA-3) is the new ranking member of the House Education Committee. 

The General Assembly gavels into session today.  For a preview of the K-12 education matters before the assembly this year, check out the excerpt below from David Blount's General Assembly Update.  We'll have a weekly update posted to the website each Monday detailing the progress of education related budget and legislation.

This week, we're also glad to share an excerpt from Dr. Vacca's latest Ed Law newsletter, which takes a look at how the recent executive order on deferred action for certain immigrants interacts with established education law regarding Student Eligibility and School Assignment criteria. 

We also look forward to tomorrow's first release of data from our annual Commonwealth Education Poll.  The first release is a higher education and workforce development-focused portion of the 2015 Commonwealth Education Poll, a new statewide survey of adults conducted by VCU’s Commonwealth Educational Policy Institute (CEPI). 

Among the highlights will be insight into the likely support among Virginians for legislative proposals such as SB 712 which would require university faculty or staff to report to police within 48 hours any alleged criminal sexual assaults that come to their attention. Other results give insight into whether the public thinks that university administrators can take actions that would significantly reduce the number of sexual assaults and how safe the public thinks Virginia campuses are in general.  Higher Ed performance and workforce development issues are also covered.

The margin of error for the poll is +/- 4.1 percentage points. Results of the poll pertaining to K-12 education issues will be released on January 22 (Education Funding and Bullying/School Safety) and January 29 (SOL reform, School Accountability and Virtual Education).

Finally, a word about change and continuity here at the Institute.  Though it is impossible to replace the knowledge of education policy and wonderful spirit Dr. Bosher brought to the work at the Institute, we are committed to continuing in his spirit and legacy.  Dr. Robyn McDougle, Associate Professor in the Wilder School of Government and Public Affairs and a long-time colleague and friend of Dr. Bosher, was recently appointed interim director of CEPI by Wilder School Dean Niraj Verma.  We look forward to sharing greetings and some thoughts on the continuity of the Institute from Dean Verma in next week's Compass Point.

Sincerely,
CEPI
General Assembly Preview
Excerpted from CEPI's General Assembly Update, written by Policy Associate David Blount.  The update will be published weekly during the General Assembly session.

"The 2015 General Assembly session gavels to order on Wednesday, January 14. The session runs 46 days and is scheduled to end on February 28. During the course of the session, legislators will consider more than 1,500 bills and hundreds of resolutions. Amendments to current two-year state budget also will be crafted. “Cross-over day,” the last day for each house to act on its own bills, is February 10. House and Senate amendments to the budget for fiscal years 2015 and 2016 will be released on February 8.

Overview of Proposed Amendments to the 2014-2016 State Budget
Governor McAuliffe submitted his proposed amendments to the 2014-2016 state budget to the General Assembly money committees in mid-December. As noted above, legislators will craft their own amendments to the current spending plan during the upcoming 46-day legislative session. Approval of the budget typically is one of the final acts taken by the legislature at the end of the session.

In his speech to the committee members, Governor McAuliffe stated that “Virginia stands at an economic crossroads. We are still creating new jobs, but they can’t compensate for the loss of high-paying federal government-related jobs over the past three years, especially in Northern Virginia and Hampton Roads. A direct result of the deep cuts in federal spending, Virginia’s general fund revenue collections remain abnormally sluggish.” The governor’s proposed budget leaves in place the current revenue forecast of 2.8 percent growth for the remainder of FY15 and 2.6% growth for FY16.

The budget proposes savings/cost avoidance actions that exceed the amount required by the budget (Chapter 3) approved this fall; that is, more money was “found” than directed by the budget. More savings than anticipated were found in the Medicaid program and slower growth in K-12 student enrollment also produced state savings. The budget funds new expenditures with the balance from those adjustments and by reducing tax preferences by over $114 million in FY16. The budget also proposes $9 million in new and increased fees."

(To read the full update, visit our website.)

Ed Law: Student Admission & School Assignment 2014:  Policy Implications

Excerpted from Dr. Vacca's January Education Law Newsletter

"Student Eligibility Requirements and School Assignment Criteria
As the United States Supreme Court opined in Brown v. Board of Education (1954), “Today, education is perhaps the most important function of state and local governments….Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.” However, almost two decades later, in San Antonio I.S.D. v. Rodriquez (1973), the Supreme Court narrowed the scope of that right when it added that education “is not among the rights afforded explicit protection under the Federal Constitution. Nor do we find any basis for saying it is implicitly so protected.” The constitutional analysis turned toward the specific language contained in each state’s constitution and education code. (Vacca and Bosher, 2012)

Public Education as a Right. While today’s public school enrollments (elementary and secondary schools) are more diverse than ever before in race, ethnicity, and nationality, the right to attend a public school is not absolute. As a matter of state law, local school boards retain legal authority to decide what children are legally eligible to attend the schools in their school district. As a general rule, and subject to reasonable requirements and regulations such as school age, bona fide residence requirements and valid immunizations, all children have a conditional right to attend public schools in the community where they live.

While the constitutional and legal authority to provide a tuition-free, tax-supported public elementary and secondary education for all children of school age vests at the state level, courts have consistently held that within the bounds of state constitutional and statutory law local school boards possess considerable discretion to determine both the admissibility and assignment of students to particular schools within the local school district boundaries. At the same time, however, courts have consistently held that local school board authority also must be exercised in compliance with federal constitutional and statutory law (e.g., FERPA, McKinney-Vento Homeless Assistance Act; Rehabilitation Act of 1973, Section 504; Individuals with Disabilities Education Act). (Vacca and Bosher, 2012)

Recent Developments. This past November President Obama announced an executive order establishing a new national policy which may allow approximately five million unauthorized immigrants who have lived in this country for at least five years, and who are parents of U.S. citizens and legal residents, to remain in the country temporarily, without the threat of deportation. While the size of the population of unauthorized adult immigrants in this country differs from state to state the link between children, public schools, and the new policy is clear. Research shows that “about 4.5 million U.S. citizen children have at least one unauthorized immigrant parent.” (Compass Point, November 18, 2014, citing PEW Hispanic Center research) As my coauthor and esteemed colleague the late Dr. Bill Bosher succinctly reminded us, “the impact [of the Obama executive order] on K-12 education may be limited since states and local communities have been required to provide K-12 education to all children of proper age regardless of immigrant status.” (Compass Point, November 18, 2014) While I concur with my late colleague, there are and continue to be impact areas (e.g., larger E.S.L. classes, expanded community and parent outreach programs) in public school districts across the country. To lay a foundation for our joint opinions it is necessary to briefly look back at and review three United States Supreme Court decisions. Portions of the following discussion are taken directly from our text, LAW AND EDUCATION: CONTEMPORARY ISSUES AND COURT DECISIONS, Eighth Edition, 2012), Chapter 9.

Judicial Benchmarks
A class action, Lau v. Nichols (1974) was originally brought in federal district court by parents of non-English speaking (Chinese) students in the San Francisco public schools. In their law suit the parents sought relief claiming that school officials were responsible for their children’s “unequal educational opportunities” by failing to provide courses in the English language, which they alleged violated equal protection under the Fourteenth Amendment.

At the time of the lawsuit The California Education Code (which compelled school attendance of children between the ages of six and sixteen years) mandated that “English shall be the basic language of instruction in the schools.” School districts were permitted to determine under the circumstances that “instruction may be given bilingually.” And, it was the policy of the state to insure “the mastery of English by all pupils in the schools.” Moreover, the law specified that no pupil shall receive a diploma of graduation from grade twelve who has not met the standards of proficiency in English.

While the United States Court of Appeals for the Ninth Circuit held that the school officials did not contribute to any advantages or disadvantages experienced by students, the United States Supreme Court disagreed. Title IV of the Civil Rights Act of 1964, said the Court, bars discrimination which has that effect “even though no purposeful design is present.” In effect, said Justice Douglas for the Court, the Chinese-speaking minority receive fewer benefits than the English-speaking majority,…”which denies them a meaningful opportunity to participate in the educational program….” “There is no equality merely by providing students with the same facilities, textbooks, teachers and curriculum…. We know that those who do not understand English are certain to find their classroom experiences wholly incomprehensible and in no way meaningful."

To read the full newsletter, visit our website.