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ATTAINING HIS OR HER PLACE:CLOSING NEW JERSEY’S HISTORICAL ACHIEVEMENT AND OPPORTUNITY GAP
Katelynn LucykPO360 Race & Ethnicity in Politics
December 6, 2013
2
“[The New Jersey] constitutional vision irrefutably presumes
that every child is potentially capable of attaining his or her
own place as a contributing member in society with the ability to
compete effectively with other citizens and to succeed in the
economy” –The Supreme Court of New Jersey (Keith 2013).
Relevance
Congress approved the No Child Left Behind Act of 2001 in a
proposed effort “to close the achievement gap with
accountability, flexibility, and choice, so that no child is left
behind” (Congress 2001, Section 1). This had the specific
intention of eliminating the gap in performance between the
socioeconomic classes and races while raising the American
standard of education as a whole (Congress 2001, Section 1001).
Under this premise, the act was to ensure widespread increase in
the proficiency of American students in reading and math by the
2013-2014 academic year. The arrival of this year has forced
policymakers to consider reassessing education initiatives as
many schools will not be able to achieve the proficiency
3
standards set by NCLB (Levin 2013). The Obama administration has
responded to this with the development of alternative programs
that involve incentives while administering waivers to states
exempting their failure in NCLB with the assurance that realistic
programs will be enacted as a replacement. This has been met with
controversy as many will not as willingly forgive this inability
of the federal and state education departments to sufficiently
increase student proficiency (Levin 2013). As America continues
to lag behind in global education rankings of reading, math, and
science, the conversation continues as to how improve the
American education system to provide an equal and efficient
education to the nation’s students.
New Jersey has faired well comparatively to the nation in
reported proficiency of its students (Brody1 2013, 1). The 2013
National Report Card created by the National Assessment of
Educational Progress found that New Jersey fourth grade students
had a 49% proficiency rating in math and a 42% proficiency in
English (“Focus” 2013, NJ). This compares to the national values
of 42% and 35% for those subjects respectively at the fourth
grade level (“What level” 2013). At the eighth grade level, New
4
Jersey students had even more exceptional scores above the
proficient mark than national figures. These reports come with
excitement for the state but also with the same apprehension held
by most of the country that less than half of students are
proficient in math and reading appropriate to their grade level.
What is more concerning about the national report card for 2013
is the report that New Jersey schools, despite overall high
achievement, maintain the same achievement gap as the nation
between white students and their African American and Hispanic
peers (“What states” 2013, NJ; McGlone 2013). On average, both
the nation and New Jersey have a 25-point difference between
white and black students and a 20-point difference between white
and Hispanic students (“What states” 2013, NJ). With the end of
the NCLB era and an evident continuation of the achievement gap
it had promised the closure of, New Jersey must consider how to
move forward to provide a proper education to all students.
Historical context
Disparities in education in New Jersey have been widely
debated and observed for over forty years through both actions in
the court and in the state capitol. This recognition was specific
5
to the evidenced inequality of urban districts that could not
provide the same funding to education as their suburban and rural
counterparts. The ability to dispute this incongruence was
supported by the New Jersey state constitution that promises an
education deemed to be “thorough an efficient” for all students
(Di Tomo 2003, 330; 328). Starting in 1970, challenges to the
adequacy of education funding across all districts began to
appear in the courts as the state struggled with devising methods
to assess and address this constitutional stature (Pas n.d., 4).
New Jersey implemented alterations to statewide education funding
as a response to these initiatives that would equalize funding
through state finance of the difference in local tax revenue
available for education. However, these statures failed to limit
the amount of revenue surplus wealthy districts could
additionally contribute to their education budgets. This
continued funding inequality and by the end of the decade there
remained strong evidence for a disproportionate education system
(Pas n.d, 4-8; Di Tomo 2003, 332-333). This resulted in the first
of what would be several trials to face the New Jersey Supreme
Court under the title “Abbott v Burke” in 1981 (Di Tomo 334).
6
The Abbott trials were named for the original plaintiff
Raymond Albert who had attended a Camden public school deficient
of science, music, art, and physical education programs (Pas
n.d., 12). The next two decades would see five cases under the
Abbott designation that would occur as disputes to the state’s
attempt to correct discrepancies experienced by students like
Raymond (Di Tomo 2003). The primary focus of Abbot litigation
through the 1990’s would be the funding inequalities that were
the presumed reason for failure in low-income districts.
Specifically, Abbott attorneys argued that the constitutional
promise of a “thorough and efficient” education was not being met
due to the evidence that socioeconomic status and geographic
location had become determining factors in success rates (Pas
n.d., 9-14). By the end of the decade it would become apparent
that money was not the defining component in education quality as
outcomes remained static despite raising investments
significantly in low-income districts. This would result in
attempts to standardize curriculums further and consider factors
such as teacher training and adequate availability of supplies in
improving school performance (Pas n.d., 15-16). Abbott litigators
7
would again refute the attempts made by state legislature with
claims that special-need districts required programs designed
with the needs of low-income students in mind (Pas n.d. 17-18).
This concept that arose in the Abbott V trial at the turn of the
millennium would require the state to implement “whole school
reform” in the most underachieving districts in the state (termed
“Abbott districts”). This reform included mandates for half-day
preschool, full day kindergarten, educational summer programs,
and investment in school infrastructure (Di Tomo 2003, 337-338)..
The emphasis in early-childhood education was supported by
research in which it was observed that students of poverty had
higher rates of academic success if they had received more
education at a younger age. Data is still being collected in
longitudinal studies today that are considering if Abbott
district students have largely benefited from these programs
(Barnett, Jung, Youn, Frede 2013, 18-19).
The inability to quickly assess initiatives presents a
foreboding concern in the ability to produce additional measures
that will effectively close the achievement gap. Even without
this data some scholars argue that these early childhood
8
education programs are the most efficient method of improving the
educational outcomes of low-income students (Biernat 2012).
However, the prominent size of the achievement gap in a state
with otherwise high achievement presents a compelling argument
for the consideration of supplemental or alternative programs
designed to eradicate this long-standing discrepancy. The
potential risk without these efforts is not only the educational
opportunity of minority and low-income students but also the
mythical “culture of poverty” that has additionally threatened
their futures for decades. Paul Gorski (2008) warns that poverty
cycles have driven misconceptions about the poor such as lack of
motivation and substance abuse. While these traits are not any
more descriptive of the poor than other social class, they
continue to be associated with low-income communities. For
students that are already in disadvantaged situations, these
wrongful discriminations present additional hurdles that they
must encounter to be successful in life. By eliminating the
achievement gap in New Jersey students will not only receive a
fair chance at an education but also the opportunity to break the
poverty cycle.
9
Supplemental and Alternative Proposals
Socioeconomic Integration
Definitive cases against New Jersey’s high courts such as
the Abbott litigations have set a precedent in the state for a
focus on the design and implementation of programs aimed to
improve education equality for students in the state’s poorest
districts. While this has created reforms that have made
significant strides to equalize education, the consistent
presence of the achievement gap has challenged advocates to
consider additional measures. In a lengthy review of what he
deems to be the most effective method of improving education,
Richard Kahlenberg (2012) suggests that the answers to closing
the achievement gap have been available for almost half a
century. What Kahlenberg refers to in this is the Coleman Report
of 1966 that was created under the U.S. Department of Health,
Education, and Welfare in which the educational equality was
assessed for over half a million students in America. One of the
major findings of this report was that the socioeconomic status
(SES) of the classroom environment was more predicative of
educational opportunity than any other factor; including a
10
student’s own SES. Subsequent studies presented by Kahlenberg
have supported this notion in finding a strong negative
correlation between the low-income concentration of a school and
the average achievement of its students. Across studies of the
matter, the SES makeup of schools has been determined by the
amount of students eligible for the free-or-reduced-price lunch
program. These findings are highly relevant in New Jersey where
it has been reported that segregation along socioeconomic and
racial lines is among the highest of such reports in the nation
(Keith 2013). This de facto segregation has created a system in
which a large percentage of the students living in poverty attend
schools where the majority of their classmates also live below
the poverty line. While state efforts have been attempting to
specifically improve the schools in these districts, Kahlenberg
believes this “separate but equal” approach to education reform
that keeps low and middle-to-high income students segregated is
not an adequate way to close the achievement gap.
The research presented by Kahlenberg spanning the past
fifteen years has overwhelmingly supported the benefits to low-
income students that attending a SES integrated school provides.
11
In consideration of how this compares to efforts to improve low-
income schools, Montgomery County, Maryland has served as the
model for comparison in this (Kahlenberg 2012, 4-5; Keith 2013,
24-25). Montgomery’s preexisting housing initiative created
opportunities for low-income families to live in more affluent
neighborhoods and send their children to the schools there,
generating more SES integration in these schools. Montgomery
would later create programs that took the same approach as many
other states (including New Jersey) to improve the education
quality of their low-income schools by investing more funding and
allocating more resources to these schools. This allowed for
researchers to examine the outcomes of students across these two
approaches. Results from this study would find that low-income
students in the more affluent schools not only outperformed their
peers at the low-income schools but also that this approach was
more cost-effective. This improvement was able to occur for low-
income students at no detriment to the achievement of middle-to-
upper class students. This, along with other supporting research,
has presented an economic interest within the benefits of
12
socioeconomic integration as well as an argument for the general
effectiveness of the practice.
Those in support of these efforts to increase socioeconomic
integration have devised ways in which this can be accomplished
without generating significant financial burdens. Kahlenberg, who
has committed his life’s work to the study of this integration,
has devised a two-tier plan that he believes can efficiently
implement this practice while being mindful of cost
effectiveness. The first of these initiatives would be the
further development of magnet schools in low-income areas. Magnet
schools entice middle-to-upper class students to travel to these
neighborhoods to attend school and this then allows for increased
integration within these locations. The second part of his plan
involves financial incentive for more affluent schools to accept
low-income students from other districts. Kahlenberg has seen
this concept grow to dozens of school districts in the nation and
has helped it become established in districts as big as Chicago.
New Jersey has relatively low inter-district school choice
options compared to the vast majority of the country
(Tractenberg, Sadovik, and Liss 2004, 2). Magnet schools such as
13
that of Montclair that have facilitated significant integration
would have to serve as a model for the proper expansion of this
proposal (Flaxman 2013, 8).
Lauren Keith (2013) is not satisfied with Kahlenberg’s plan
as she maintains that housing policies like those of Montgomery
County are essential to the socioeconomic integration of public
schools. Keith argues that low-income housing should be mandating
in all towns to prevent the high concentrations of poverty in
urban environments that has been occurring in America. She
additionally provides an economically enticing plan in noting
that this provides private sector opportunity where there is a
current shortage in public sector affordable housing. This idea
has a historical context in New Jersey where it was ruled in a
state Supreme Court case against the town of Mount Laurel that
affordable housing must be made available in all towns on the
basis of regional need. Governor Chris Christie has openly
opposed this ruling in his tenure in office and disagrees with
that these measures are necessary (Mooney1 2013).
Despite support in research and the economic advantages
presented by integration plans, these proposals to change the
14
socioeconomic make up of the classroom have faced an adverse
reception. Kahlenberg describes the amount of negativity he has
met in his ideas as wide-reaching as both sides of the political
isle have shied away from supporting his views. Republican
rejection of SES integration has been most notable where GOP
elected officials in districts with integration plans already in
place have attempted to overturn these initiatives. Kahlenberg
notes that this has not been received well by the constituents
and that voters actively oppose these efforts when enacted. While
Democrats do not openly oppose these programs, their lack of
support shows an absence of courage to look beyond the generally
accepted methodology of focusing on improving low-income schools.
In a smaller subset of liberals, it is perceived that integration
on the socioeconomic level ignores the importance of racial
integration. This will be discussed within the next portion of
this report, however it is important to note that supporters of
socioeconomic integration agree with the importance of
integration along these lines as well and see this method as the
way this can be facilitated.
Racial Integration
15
Brown v Board of Education has served for the past sixty years as
the most significant historical moment in civil rights within
education. It marked the end of racial segregation in schools and
symbolized a change in the opportunities available to African
American students. While nothing can strip the significance of
this event, segregation is still a relevant issue across the
nation as de facto segregation continues to create divides of race
and ethnicity between towns and neighborhoods. This is a quality
that would not be assumed of New Jersey as it was one of the
first states to ban segregation (1881) and it has arguably the
most stringent legal policies pertaining to integration (Flaxman,
2013). However, a joint report from the Rutgers-Newark Institute
for Education Law and Policy and The Civil Rights Project of UCLA
displays the gravity of this situation in the New Jersey
education system that is reported to be one of the most highly
segregated in the country. Findings from the report show that one
in every four black students and one in every eight Hispanic
students in New Jersey attend “apartheid” schools with less than
one percent of white enrollment. These figures are furthered by
the report that over forty percent of both black and Hispanic
16
students attend “intensely segregated” schools with less than ten
percent white students and that over three-fourths of both
minorities attend “majority-minority” schools. These schools,
largely located within the state’s cities, are isolating
minorities from their white peers at alarming rates compared to
the vast majority of other states.
The scholars from Rutgers and the Civil Rights Project are
concerned with the effect this high segregation holds on the
competitiveness of minorities being educated in such highly
segregated environments and how society as a whole will reflect
this imbalance in diversity. A strong consideration for this is
that New Jersey has seen its amount of Hispanic students double
in the past 20 years (Flaxman, 2013). While the number of African
American students has seen a small decline, the number of
minority students in the state remains large and growing. A
future dilemma is thought to emerge from this as neighborhoods
and the workplace are not as segregated as the public school
system in New Jersey. The researchers argue through this that it
would be for the benefit of all students to not be isolated by
race or ethnicity in their educations as the purpose of an
17
education is for preparation for the future. An additional
consideration in integration is the reiteration of the sentiments
of advocates for integration based on SES as the schools that
fall into these categories of high segregation are often composed
of a large percentage of low-income students. This creates what
the report defines as “double segregation” due to the inhibition
that isolation in both race and social class present to
educational opportunity and success rates.
The ability to change the racial makeup of schools has more
limitations and faces greater adversity than the efforts to
integrate schools by socioeconomic lines. In 2007, the Supreme
Court ruled in Parents Involved that schools could not set quotas
for student populations based on race or ethnicity (Keith 2013).
This has resulted in advocates in many districts turning to
socioeconomic integration efforts due to the common overlap
between minority status and income. The Rutgers and Civil Rights
Project report makes similar recommendations to this effect as
they endorse integrated magnet and charter schools. Connecticut
is reported to be a model for this vision due to its ability to
create inter-district magnet schools in cities that draw in
18
students from the suburbs. The report additionally agrees with
SES integration plans to create inclusionary housing programs,
but it extends this sentiment to merging districts. Morristown
and the Township of Morris are the archetype for this concept in
as their district consolidation has allowed for successful
integration along the lines of both race and social class. The
large overlap of these concepts with SES integration due to the
inability to set racial quotas provides the much of the same
cost-effective defense as well as the same promise of economic
opportunity. Response to the report has differed between both
major parties. A representative of a conservative think tank told
The Record that the results of the report exhibit the need for
school choice programs such as vouchers to send students affected
by this discrepancy to private schools (Brody2 2013, 2).
Kahlenberg represented the view from the left in The Record by
applauding the realizations and recommendations of the report. NJ
Spotlight points out that, despite these sentiments on either side,
the evidence for lack of support for these initiatives lies in
the lessening of efforts by the state department of education to
monitor desegregation in schools (Mooney1 2013).
19
Increasing Accountability in Teachers and Curriculum
It has become apparent through legislative history that
spending is not a stand-alone factor that affects education
quality. As New Jersey attempts to move forward with more
substantial and effective programs intended to close the
achievement gap, the debate remains as to how this can be
accomplished. The current efforts of Governor Chris Christie have
highlighted this need within the state educational department in
his more generalized education reform to improve education
throughout New Jersey (“The Christie Reform” n.d.). When Christie
was initially elected into office he made drastic budgetary cuts
to state education funding. Wildly criticized for this,
predominantly by the teachers unions, Christie has disputed his
opposition with the argument that funding was not the true
hindrance to education. His administration has displayed ways in
which the school districts improperly allocated funding and that
this had been contributing significantly to the detriment of New
Jersey education (“Chris Christie tells” 2013). The reform
implemented by Christie has introduced evaluations of teachers
and schools for what he believes will increase accountability
20
through incentive. Critics have cited this effort as avoiding the
achievement gap specifically as it is intended for all New Jersey
schools (Bryant 2013). This argument has continued through the
recent reelection of the governor as his education policies
remain highly debated by New Jersey residents.
The programs that the governor has supported and signed into
effect are a two-tier approach in which teachers are held highly
accountable for performance as curriculum standards are raised.
The former effort has been one of Christie’s most discussed
initiatives in his time in office. The governor has been
particularly vocal about his support for increasing teacher
accountability by holding their tenure in the balance of
evaluations for effectiveness. This initiative was signed into
law in August of 2012 by Christie and has become known as
TEACHNJ. An appendage to this act was ratified in March of 2013
entitled AchieveNJ with the tagline, “Teach. Lead. Grow.” Both
efforts aim to severely restructure the tenure system and the
methods of evaluating teachers in a way that can be meaningful to
one another. Under TEACHNJ, teachers will receive shorter, more
cost-effective tenure hearings based primarily on their
21
effectiveness determined through a new multi-measure assessment
(TEACHNJ Guide 2012). These evaluations were specified under
AchieveNJ to be reliant on several measures of student outcome as
well as classroom observations (“AchieveNJ” 2013, 1). With the
future of their jobs on the line, Christie and his supporters
contend that teachers will have more incentive to increase the
achievement of their students.
The second approach the governor has supported to improve
education for all New Jersey students is through the Common Core
State Standards that Christie signed on to in 2010. New Jersey
became the 44th state along with Washington D.C. and the Virgin
Islands to agree to adhere to the curriculum guidelines
determined by the Council of Chief States School officers and the
National Governors Organization (“Core Curriculum” n.d.). This
initiative was developed to create standards for education and
testing measures to assess successful implementation and has been
supported by the Obama administration (Chiaramonte 2013, 1). This
hopes to raise the academic achievement of all of the state’s
students, including the poor performing low-income districts.
22
Reception of Christie’s programs has been mixed within the
state as his programs make drastic changes in some areas of
education while arguably ignoring others. Supporters of Christie
have lauded his tenure reform and programs to hold teachers and
schools accountable for student achievement. In one opinion
column from the Times of Trenton, this approach is honored for its
ability to identify not just ineffective teachers but also the
“superstars.” This column argues that TEACHNJ as a “major step
forward” and includes recommendations for further initiatives
that should be made holding teacher preparation institutions
responsible as well (Duffy 2013). Opposing this view is an
opinion piece in The Record that agrees that teachers should be
held accountable but contends that TEACHNJ presents too much
protocol that distracts from the classroom. The article argues
that efforts should be more concentrated on using more accurate
data to ensure steady improvement and not focus so much on
eliminating the few ineffective teachers (Coppola, Freedman, and
Fletcher 2013).
The Common Core programs have received similar mixed
perceptions by educators and policymakers due to confusion about
23
costs and uncertainty of teachers about its effectiveness.
Nationwide, Common Core standards have proven to be a nonpartisan
issue as the most unlikely of political and moral combinations
have been accumulating the support for this initiative (Elliot
2013). Recent reports have shown the discontent of some teachers
in New Jersey with the program that they believe hinders their
freedom in the classroom. Additional teacher concerns include the
apprehension that Common Core promotes “teaching to the test”
instead of assuring proper instruction (Chiaramonte 2013, 1). New
Jersey legislators are also concerned with the program due to the
lack of clarity that has been provided to them about the costs
and benefits of its implementation. A motion has been put forward
to suspend the program’s testing start date by a year so that
policymakers can better understand the full effect of enforcing
the Common Core (Mooney2 2013). Supporters of the program have
cited its ability to improve student critical thinking and argue
that it is a needed update in the way students should learn. This
has been observed in its implementation at some schools where
educators have seen a significant change in student expectations
(Pappas 2013).
24
School Choice
In a more direct approach to tackling the achievement gap,
Governor Christie has introduced the further development of
charter schools and implementation of voucher programs to improve
the degree of school choice in the state. Despite passing School
Choice policies in 1996 paving the way for charter schools and
other options, New Jersey has relatively low levels of public
school choice compared to many others states (Tractenberg,
Sadovnik, and Liss 2013). Christie has been a large proponent in
recent years to improving this choice for students in the state’s
most under-achieving districts. He was again met with opposition
on this agenda due to criticism that it does not help improve the
existing low-income schools and that it is limited in the amount
of students it can assist (Tractenberg, Orfield, Flaxman 2013).
Specific controversy pertaining to voucher programs has risen due
to the consideration of state funds for public education being
provided for students attending private schools, as an
overwhelming amount of these schools are religious. However,
school choice is not limited simply to vouchers and this is
something the governor has presented in his support for
25
increasing inter-district and intra-district school choice
(Tractenberg, Sadovnik, and Liss 2013). This interest has
specifically peaked with charter schools that the governor would
like to see increase in prominence.
Charter schools have experienced a substantial growth under
Christie’s time in office through his strong support of expanding
opportunity in School Choice districts. One of the biggest
proponents of these options is Newark superintendent Cami
Anderson who has driven an increase in charter school prominence
to the extent that a fourth of Newark students now attend such
schools (Moran 2013). Despite success in raising student
achievement, Anderson is beginning to struggle with maintaining
her mission to improve education for low-income students. Many of
the charter schools have recently been cited for not admitting
enough students below the poverty line or students with
disabilities (Moran 2013). Anderson has responded to this by
forcing integration in the charter schools as to keep the
traditional public schools from being primarily filled by the
students facing the most adversity. While Newark attempts to
prevent problems from arising in their School Choice initiatives,
26
other such districts in the state have presented limited data on
these issues. It is argued that this should be considered as the
program has grown significantly in cost with an unprecedented $39
million increase in expenditures since 2010 (Moran 2013). On the
opposite end of this is charter network CEO Nihat Guvercin who
contends that charters need more funding to cover facility costs.
Guvercin argues the state should cover these expenditures so that
the school budgets can focus on classroom investment (Guvercin
2013). The issues being expressed in this system primarily arise
due to the youth of the expansion and the neglect by state
efforts to track funding (Moran 2013). Should stronger efforts be
made to properly monitor charter schools, proponents of racial
and SES integration initiatives see an opportunity in school
choice availability to improve education and narrow the
achievement gap.
Recommendation:
Critical analysis of all supplemental or alternative
proposals to close the achievement gap cannot exist without
consideration for the overlap between concepts. The presence of
commonalities suggests that no individual solution can succeed on
27
it’s own and that a balance of compromises is necessary for
success. School choice is a primary example of this due to its
prevalence in the various arguments. The governor should elect to
include provisions for socioeconomic diversity within the choice
schools as a mandate for their ability to collect state funding
or vouchers. The data supporting the benefits of SES integrated
schools is overwhelmingly positive in its ability to close the
achievement gap and create greater chances of future success for
low-income students. Additionally, due to the relatively strong
correlation between minority status and income in New Jersey,
this would promote integration along lines of race and ethnicity.
This would contribute to ending the embarrassingly high isolation
of minorities that has occurred in the state’s public school
system. It would be of interest for Christie to take this
approach, as his opponents are correct in their criticism that he
has not done enough to specifically aid low-income students in
accessing equality in education. Critics have also justifiably
attacked the governor’s choice programs for their strong support
of charter schools and voucher programs that fund the private
sector. An increase in support for magnet schools would be a
28
beneficial tactic for Christie to display a true allegiance to
effective education reform.
Disregarding his school choice proposals, the governor’s
efforts to make teachers and principles more accountable and to
renovate curriculums are of a subtle, high importance to closing
the achievement gap. This program does not specifically designate
efforts that cater to the needs of the low-income districts but
it does help to increase the quality of education that will be
expected of these schools. However, these programs should be
considered as within beta stages as opposed to imperfect. Just as
early Common Core test results should not be indicative of school
failure, preeminent teacher evaluations should be critically
evaluated for accuracy. It is of the utmost importance that New
Jersey takes steps towards closing its achievement gap. This is
not only for the sake of the low-income and minority students who
have been too long neglected, but for the overall benefit of
society within the state moving forward.
29
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