The recent wrap-up of an intensive, two-year examination of the federal 69传媒 First initiative is not expected to halt debate over the program.
Given the broad agreement in seven federal reports that serious problems occurred in the oversight of the program鈥檚 implementation, the findings have sparked interest on Capitol Hill, as lawmakers continue their own review of 69传媒 First, prepare for hearings on the program this month, and consider the reauthorization of the No Child Left Behind Act.
The problems are offset by reports that the $1 billion-a-year program aimed at improving reading instruction and achievement in low-performing schools seems to be doing just that, and that most states are satisfied with the guidance and support they received from federal officials once their grants were approved.
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The latest review of 69传媒 First, released March 23 by the Government Accountability Office, reiterates the findings outlined in six reports by the U.S. Department of Education鈥檚 inspector general: Federal officials failed to safeguard against potential conflicts of interest in administering the program; and they directed some states鈥� and districts鈥� choices of reading texts and assessments, despite legal prohibitions.
But the GAO report sets a more positive tone than the critical audits by the inspector general unveiled over the past six months. It highlights the effects that 69传媒 First, which was established under the 5-year-old NCLB law, has had on instruction in underachieving schools, based on survey responses from state officials.
Even the title, 鈥�69传媒 First: States Report Improvements in 69传媒 Instruction, but Additional Procedures Would Clarify Education鈥檚 Role in Ensuring Proper Implementation by States,鈥� emphasizes the positive.
鈥淭he report demonstrates that states were satisfied with the forms of guidance and technical assistance they received during the application and implementation process for the 69传媒 First program,鈥� Deputy U.S. Secretary of Education Raymond J. Simon wrote in a response to the GAO.
Yet while department officials say that agency policies and procedures have been tightened as a result of the reports, and that 69传媒 First is working well, the program and the actions of federal officials and consultants are drawing greater scrutiny from Congress.
Congressional Digging
Rep. George Miller, D-Calif., the chairman of the House Education and Labor Committee, promised 鈥渧igilant oversight of 69传媒 First鈥� in a statement responding to the GAO report. He has hired an investigator to look into allegations of bias and cronyism within the program, and is planning hearings on the subject this month.
鈥淲e must continue to investigate how 69传媒 First was implemented to learn from past mistakes and prevent future abuses,鈥� Mr. Miller said.
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Sen. Edward M. Kennedy, who heads the Senate education committee, has issued formal requests for documents from at least eight individual consultants and RMC Research Corp., the Portsmouth, N.H.-based contractor that provided technical assistance to states for 69传媒 First.
鈥淢ore information is needed to determine why specific programs or assessments were eliminated under the 69传媒 First program,鈥� Mr. Kennedy, D-Mass., said in a statement.
A recent review of 69传媒 Recovery, a one-on-one tutoring program that federal officials worked to shut out of 69传媒 First, raised new questions among observers and 69传媒 Recovery supporters about how those officials determined whether commercial materials were suitable for use in participating schools. The review by the federal What Works Clearinghouse found positive effects for the program on students鈥� reading achievement. Yet several states were told they could not include 69传媒 Recovery in their 69传媒 First proposals because it did not, in the opinion of grant reviewers or federal officials, meet the requirements for scientifically based materials.
Both the IG reports and a review of e-mail documents by Education Week show that some federal officials worked to prevent states from using 69传媒 Recovery in their 69传媒 First plans. (鈥淓asing Rules Over 69传媒 Gains Favor,鈥� Feb. 21, 2007.)
In 2005, the 69传媒 Recovery Council of North America was one of three vendors to register complaints that led to the reviews by the Education Department鈥檚 inspector general and the GAO, the investigative arm of Congress. The Baltimore-based Success for All Foundation also complained, citing the loss of clients among 69传媒 First schools despite significant evidence that the group鈥檚 whole-school-reform program has been effective.
鈥楶roven and Tested鈥�
Success for All founder Robert E. Slavin is among the educators, researchers, and lawmakers who have called for a clarification of the legal requirements for scientifically based instruction.
鈥淕iven the timing of the reports [after the program has been implemented], there鈥檚 not a great deal to do about the current program,鈥� Mr. Slavin said last week. 鈥淢y great hope is that there will be language in the [NCLB] reauthorization that will specify in detail what it means to be research-proven.鈥�
Some members of Congress are looking for such an explanation as well.
The U.S. Department of Education says it has taken action on all of the recommendations of its inspector general to ensure that department employees and representatives understand proper procedures and legal boundaries related to the 69传媒 First program.
RECOMMENDATION: Evaluate the office of elementary and secondary education鈥檚 processes for assessing potential conflicts of interest when a panel review process is used and make improvements.
ACTION: The office of the general counsel issued guidelines to program managers to help offices avoid conflicts of interest, and to help ensure a fair, impartial, objective, and transparent peer-review process.
RECOMMENDATION: Review all 69传媒 First applications to determine whether all criteria for funding have been met.
ACTION: Review completed, and some additional work on a few state applications was recommended.
RECOMMENDATION: Develop guidance on the prohibitions against federal officials鈥� mandating or directing state and local curriculum and assessment decisions.
ACTION: Officials鈥� memoranda to program managers reminding them of the importance of impartiality and outlining steps for ensuring that curriculum is not directed, controlled, or endorsed.
RECOMMENDATION: Ensure that future programs, including those modeled after 69传媒 First, have internal controls in place to prevent similar problems.
ACTION: The office of general counsel will work with department staff members to provide annual training on the issues raised by the 69传媒 First audits.
SOURCE: Government Accountability Office
鈥淭he No Child Left Behind Act refers to scientifically based programs over 100 times,鈥� said Mark Hayes, a spokesman for Sen. Richard G. Lugar, R-Ind., who was one of a bipartisan group of federal lawmakers to request the GAO audit. 鈥淭he senator would like to see a strengthening of that definition and a return to the original intent of the law, that we鈥檙e using programs because they are proven and tested.鈥�
Many of the issues surrounding 69传媒 First have already been addressed, said Amanda L. Farris, a deputy assistant secretary for elementary and secondary education.
The GAO report includes a lengthy chart submitted by the Education Department summarizing the steps officials have taken to address the inspector general鈥檚 recommendations.
鈥淭his has been more of a process question for those of us at the department who are working on 69传媒 First. It鈥檚 a conversation that is very focused on Washington, D.C.,鈥� said Ms. Farris. 鈥淎t the state level, in most cases, the programs continue to be strong, and it continues to be good for kids.鈥�
State officials agree, according to the GAO, which conducted a Web-based survey of each state and the District of Columbia, in-depth interviews with officials in 12 states, and visits to four. According to the survey results, 69 percent of the respondents reported 鈥済reat or very great improvement in reading instruction,鈥� while 80 percent said teacher professional development had improved significantly.
Most of the hard data on student achievement under 69传媒 First, however, have not yet been compiled. An independent review of test scores for 69传媒 First schools is due out later this year. But the GAO found that the Education Department鈥檚 ambitious plan for monitoring each state鈥檚 implementation of the program was muddled by a lack of written procedures. Ultimately, 鈥渟tates did not always understand monitoring procedures, timelines, and expectations for taking corrective actions,鈥� the GAO report says.
Although the problems with the program and the federal reviews have cast a negative light on 69传媒 First, Ms. Farris said the department has tried to use the information to improve its programs.
鈥淲e would rather that all of this would not have happened,鈥� she said, referring to the problems with the program and the subsequent reviews. 鈥淏ut we鈥檝e tried to make it as productive an experience as we can, and we continue to want to do everything we can to improve [69传媒 First], because we know it produces better outcomes for kids.鈥�
