Becker Dissertation Excerpted
Transcript of Becker Dissertation Excerpted
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DIGITAL EQUITY IN EDUCATION ANDSTATE-LEVEL EDUCATION TECHNOLOGY POLICIES:
A MULTI-LEVEL ANALYSIS
by
Jonathan D. Becker
Dissertation committee:
Professor Aaron Pallas, SponsorProfessor Dale MannProfessor Lawrence DeCarlo
Submitted in partial fulfillment of therequirements for the degree of Doctor of Philosophy
under the Executive Committee of The GraduateSchool of Arts and Sciences
Columbia University
2003
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B. THE STATE AS THE UNIT OF EDUCATIONAL POLICY ANALYSIS
Education technology is now a particularly centralized domain of educational
policy increasingly within the purview of state education agencies, not unlike many other
areas of education policy. That is to say, in a governance system of American
education that might be characterized as a perpetual balance between local education
agencies and more centralized authority, the current balance of power rests more on
the side of centralization, with states being held most accountable. Thus, to place a
discussion of digital equity in education and state education technology policy in
context, it is important and helpful to first understand how this shift in authority has
occurred more generally.
Adoption and implementation decisions within the arena of educational policy
generally, and learning technology policy in particular, occur amidst the constant debate
over the locus of power and control over education. The Tenth Amendment to the
United States Constitution states, The powers not delegated to the United States by
the Constitution, nor prohibited by it to the States, are reserved to the States
respectively, or to the people. This amendment was the last addition to the Bill of
Rights, which was insisted upon by the states in the constitutional ratification process.
Amongst other areas, the states have interpreted this amendment as effectively leaving
power and control over education in their hands rather than the federal governments.
State responsibility for education developed over the course of the nineteenth
century, and now all 50 state constitutions sanction education as a public good and
require compulsory school attendance of all young people. In addition to the usual
constitutional guarantees of a thorough or efficient public education system, states
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have control over the system of taxation that funds public schooling. Still, much of the
power of public education is delegated to the more than 15,000 local school districts
throughout the country. Include the fact that the federal government has not ceded total
control over education to the states, and the result is the multi-layered, fragmented
governance structure over public education in the United States.
Thus, in our democratic society there continues to be great debate about the
precise role of the American states in our nations multi-layered, fragmented system of
public education. Furthermore, there is considerable disagreement about how much
influence state authorities should have on what is taught in public schools and how
those schools should be financed and evaluated.
1. LOCAL CONTROL OF EDUCATION
While Americans have long been politically and philosophically committed to the
ideals of local control of education, the definition and organization of local control has
been fluid and a frequently debated dynamic. Philosophically, local control was often
justified by application of either John Lockes view that legitimate governmental
concerns were restricted to the protection of life, liberty and property, or to the principle
of subsidiarity which holds that it is unjust to assign to a greater and higher
association what lesser and subordinate associations can do (Messner 1951, p. 103).
Therefore, in one sense, there is the argument that local control means authority at the
most decentralized level possible. Interpreting Lockes philosophy or the principle of
subsidiarity to the extreme, proponents of true local control believe that the state
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should not interfere in matters of public education where local communities can
adequately carry out that responsibility (Theobald & Bardzell, 2000).
In fact, for most of our nations history, the balance between state responsibility
and local control slanted heavily towards the latter. The earliest system of common
schools was clearly governed exclusively through local control and financed primarily by
local funds. As late as 1929-30, for example, at the height of local control, 83% of all
revenue for public elementary and secondary schools was locally generated (NCES
1999). Remaining funds came from the states.1 It is uncertain, though, whether high
levels of local funding created the inclination toward local control or whether high levels
of local funding were just an expression of Americas long-standing and deeply
embedded fear of big government. As Theobald and Bardzell (2000) argue, local
control of schools was the natural consequence of the American struggle for
independence.
Our non-centralized, federal system of government is based on the FoundingFathers unwillingness to trust central government with the supervision of thepeoples liberties. In a like fashion, a non-centralized, local system of schoolfunding could find its basis in Americans unwillingness to trust centralgovernment with the supervision of their childrens education (pp. 4-5).
However, commitments to ideals such as subsidiarity notwithstanding, local
control might also simply mean that education is outside the jurisdiction of the federal
government, and power over educational policy is, therefore, delegated to the states via
the tenth amendment to the Constitution. This latter definition of local control has
clearly carried the day in recent years. That is, for a host of reasons, over the last half-
century, and the last two decades in particular, the initiative in deciding educational
1As a point of comparison, in academic year 1994-95, 43.8% of school funds were local and
46.8% came from the states (NCES, 1999).
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policy has shifted away from local school boards to the state level. As Kirst (1987)
wrote, [n]ow state government officials create educational policies, and local groups
react to them (p. 22).
Before examining those reasons, however, it should be mentioned that while
state education policy activism has increased relative to local education agencies, there
has been no change in the legal relationship between states and districts. The
relationship between states and local governments is not federal, but unitary (Fowler,
2000). In a unitary government, multiple levels of government exist, but only the central
government has sovereign power. Within states, therefore, local education agencies
operate within a policy framework established by the state; and, although local
education policy makers have considerable discretion, in the end they are accountable
to the state. As a result, states have the legal authority both to create and abolish
school districts. They also have the power to develop education policies at the state
level and require local districts to adhere to them. Moreover, they have the legal right to
take over local districts that they consider failures and operate them until they meet
state standards. However, until 25 or 30 years ago, states were willing to let public
education remain a state authority locally administered (Fowler, 2000, p. 126). Today,
however, they are no longer content to abdicate their constitutional authority; instead,
they are asserting their legal rights that they have always had. So, there is nothing new
about the legal status of school districts relative to the states; it has not changed.
However, the states approach and activity in discharging their constitutional
responsibility for providing public education has changed (Fowler, 2000).
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2. THE TRANSFER OF POWER TO THE STATES
There have been a number of reasons proffered as to why, over the last half-
century, and the last two decades in particular, the initiative in deciding educational
policy has shifted away from local school boards to the state. One factor contributing to
this power shift was the new federalism of the 1970s that pushed much of the
educational responsibility that the federal government had collected in the 1960s back
to the states (Theobald and Bardzell, 2000). At the same time, a second factor was
landmark school finance litigation, such as San Antonio Independent School District v.
Rodriguez, 411 U.S. 1 (1973), which sought to narrow or eliminate existing disparities in
spending across school districts. Stymied by the federal judiciary, advocates of
educational equity turned to state courts, resulting in increased activism in educational
policy on the part of state courts. Bull (2000) argues that demographic, social and
economic changes have made increased state control more acceptable to political
leaders and their constituents. Finally, Fowler (2000) suggests that over the last few
decades, state governmental agencies and officials developed increased capacity,
became more representative, and, therefore, became more legitimate. These are just a
few of the many factors contributing to the increase in state authority over education
policy, and they are discussed in more detail below.
a. New Federalism
Throughout history, the federal government has concentrated on areas of major
national concern. Prior to 1950, education was not an area of policy concentration for
the federal government. The typical approach of the federal government to education
was to stimulate action through a national commission report or some other decree by a
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respected source. The Report of the Committee ofTen in 1893, for example, sought to
standardize secondary education for pre-collegiate students. Then, in 1918, The
Cardinal Principles of Secondary Education targeted students who would take jobs
directly after school (Firestone, Fuhrman, & Kirst, 1991). These reports represented the
extent of the involvement of the federal government in education up to the second half
of the twentieth century.
However, inspired by Sputnikand the burgeoning Cold War, the federal
government began to establish a stronger presence in educational policy in the 1950s.
The National Defense Education Act represented the federal governments first serious
foray into the governance of curriculum (Lewis & Maruna, 1999). Brown v. Board of
Education (1954) symbolized the federal governments involvement in educational
policy through the judiciary, and began a wave of federally-initiated educational reforms
stressing equal educational opportunities for all children. The Brown decision was
followed by the 1964 Civil Rights Act, which became a means of enforcing the
desegregation lawsuits that arose in the wake ofBrown. Additionally, state education
departments became the administrators of new federal initiatives such as Title V and
Title VI of the Elementary and Secondary Education Act (Fuhrman & Elmore, 1990).
By the 1980s, the emphasis of federal education policy shifted from equity and
opportunity to excellence and performance. The reform efforts of the 1980s were
characterized by national commission reports and state legislative and executive action.
The commission reports, such asA Nation at Risk(National Commission on Excellence
in Education, 1983), established a series of targets and directions for change. State
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actions provided the mandates, incentives, and resources to ensure local action
(Firestone, Fuhrman, & Kirst, 1991).
At the same time, landmark school finance litigation, such as Serrano v. Priest
(1976) and Robinson v. Cahill(1973), sought to narrow or eliminate existing disparities
in spending across school districts. Educational equity lawsuits had been stymied by
the federal court system (see, e.g., San Antonio Independent School District v.
Rodriguez, 411 U.S. 1 (1973) where the claim that education is a fundamental right
protected by the Equal Protection Clause of the Fourteenth Amendment was denied).
Therefore, advocates of educational equity turned to state courts for interpretations of
state constitutions educational provisions.2 The judicial response to cases such as
these promised to push states towards providing a larger share of public school
revenues. This change in the revenue stream created clear implications for state
regulatory prerogatives: those who pay the piper call the tune (Fuhrman & Elmore,
1990).
b. Increased capacityand legitimacy ofstate governments
Thus, actions in the federal legislature and judiciary over the last half of the
twentieth century forced increased responsibility for educational policy upon the states.
This new federalism and the increased power for states over education might have
been problematic had state governments not developed the legitimacy and capacity to
exercise such power. For throughout most of American history, though states had
considerable legal and constitutional authority, they lacked the capacity to exercise it
2See e.g. Robinson v. Cahill, 62 N.J. 473, 303 A.2d 273 (1973); Serrano v. Priest, 18 Cal.3d 728,
135 Cal.Rptr. 345, 557 P.2d 929 (1976); Rose v. The Council for Better Education, Inc., 790 S.W.2d 186(Ky. 1989); Edgewood Independent School District v. Kirby, 777 S.W.2d 391 (Tex. 1989);Abbott v.Burke, 119 N.J. 287, 575 A.2d 359 (1990)
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(Fowler, 2000). As Fowler (2000) writes, glaring defects were apparent in all three
branches of state government (p. 129).
Governors in many states, for example, could not serve long enough to build
power or carry out programs, had small staffs, and usually lacked significant control
over budgetary processes and could not veto legislation. State legislatures were less
respected than governors, as most were very unrepresentative. Rural areas were
greatly over-represented, while urban ones were correspondingly underrepresented, yet
districts were rarely redrawn. State legislatures were therefore typically dominated by
white [professionals] who promoted the interests of their rural constituents and opposed
needed modernization as too expensive (Fowler, 2000, pp. 129-20). State court
systems were no better than the executive and legislative branches of state
government. They were very disjointed, with a complicated structure consisting of many
types and levels of courts, making coordination nearly impossible. In addition, state
judges were often unqualified politicians whose decisions were frequently based on the
interests of their supporters rather than on the law (Fowler, 2000).
However, as Fowler (2000) points out, during the last four decades of the
twentieth century, state government was transformed. Several national forces
converged to enhance state power, both overall and particularly with respect to
educational policy. First, as a result of two U.S. Supreme Court decisions, Baker v.
Carr(1962) and Reynolds v. Sims (1964), state governments were forced to re-draw
their voting districts in conformity with the one person, one vote principle. These
cases, in combination with the passage of the Voting Rights Act of 1965, made it more
difficult for states to restrict the voting rights of African-Americans and citizens from
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other minority groups. Therefore, state governments not only became more
representative of the population that they served, but more importantly, gained a new
legitimacy (Fowler, 2000).
Second, as of 1996, 40 states had either heavily amended their constitutions or
adopted new ones resulting in a strengthening of all three branches of state government
(Van Horn, 1996). For example, as of the mid-1950s, 21 states limited governors to a
single two-year term, and in 17 others they were limited to a single four-year term. By
1996, all but two of the states had four-year terms for governors, and all but one permit
governors to serve two consecutive terms (Fowler, 2000). State legislative branches
were strengthened by the lengthening of legislative sessions and the development of
larger, more professional staffs. State court systems have been consolidated and
streamlined, and judicial activity is coordinated by a professional court administrator in
most states. These constitutional and legal reforms of state government have
increased their legitimacy in the eyes of the citizens and the capacity of state
governmental agencies to attend to increased responsibilities (Fowler, 2000).
Within education, two major changes took place. First, the federal government
realized that the state departments of education (SDEs) were generally too weak and
understaffed to carry out their increased responsibilities adequately. As a result,
programs were developed to strengthen SDEs, funding their expansion and thereby
giving more power to the executive branch of state government. As these federally
fortified SDEs administered the new federal programs, those who worked in them
gained experience and visibility in their states. Gradually, they felt competent to take on
other forms of educational oversight as well (Goertz, 1995).
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Second, whereas state governments had historically operated in relative isolation
from each other, intergovernmental lobbying groups that allow state governments to
work together to influence state and national policy have developed and flourished.
Organizations such as the National Governors Association (NGA), the National
Conference of State Legislatures, and the Council of State Governments facilitate the
exchange of information among state leaders and provide a means both for
coordinating state policy change and lobbying in Washington (Bowman and Kearney,
1986).
The intergovernmental lobby in education is spearheaded by the Education
Commission of the States (ECS). This organization is a policy network set up by the
National Governors Conference in 1966. Headquartered in Denver, and financed by
both the federal government and foundations, ECS convenes a national meeting on
education policy every year that state school superintendents, governors, state
legislators, and other top leaders attend (Fowler, 2000).
In addition to ECS, there are intergovernmental organizations that represent
state-level education leaders such as state boards of education and state
superintendents of education. The National Association of State Boards of Education
(NASBE) is a nonprofit, private association that represents state and territorial boards of
education. NASBEs principal objectives include strengthening state leadership in
educational policymaking, promoting excellence in the education of all students,
advocating equality of access to educational opportunity, and assuring continued citizen
support for public education (National Association of State Boards of Education
[NASBE], 2003).
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The Council of Chief State School Officers (CCSSO) is a nationwide, nonprofit
organization composed of public officials who lead the departments responsible for
elementary and secondary education in the states, the U.S. extra-state jurisdictions, the
District of Columbia, and the Department of Defense Dependents Schools. In
representing chief education administrators, CCSSO works on behalf of the state
agencies that have primary authority for education in each state. Recently, a group of
state education leaders broke off from CCSSO and created an alternative organization,
the Education Leaders Council (ELC). Originally started in 1995 by five state
superintendents of education, the ELC now includes eight chiefs and about a dozen
state school boards, as well as other state and federal officials. It supports strong
accountability systems linked to rigorous standards, more flexibility for states and
districts in spending federal aid, and charter schools (Keegan & Root, 1996).
c. Demographic, Socialand Economic Changes
Finally, in addition to new federalism and the increased capacity of state
governments, Bull (2000) argues that a number of demographic, social, and economic
changes have made this increased state control over education acceptable to our
political leaders and their constituencies. As one example, Bull (2000) suggests that
increased mobility possibilities for families creates an expectation that children will
receive a comparable education no matter where they happen to attend school.
Similarly, there is a belief among the citizenry that inadequate education circumstances
threaten our nations ability to compete in the global economy. In sum, the generally
held belief amongst the citizenry is that it is now too risky for local schools to depart too
significantly from those in other cities, states, or even countries.
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Second, according to Bull (2000), other changes have tended to erode the social
trust upon which local control of schools is based (p. 24). That is, certain factors have
diminished the electorates public confidence in local authority over education. For
instance, with the aging of the population, a much smaller proportion of Americans are
parents of school-age children. Therefore, fewer local citizens have direct knowledge of
the schools upon which to base their conviction in the value of what is occurring therein,
and fewer feel an obligation to support schools that are not serving their children. This
erosion of confidence might be demonstrated by public opinion polls such as the Phi
Delta Kappa/Gallup Poll Of the Public's AttitudesT
oward the Public Schools, wherein
respondents have tended to give low grades to public schools nationally. In the 34th
annual poll just released, 70% of respondents gave the public schools in the nation as a
whole a grade of C or lower (Rose & Gallup, 2002).3
A similar effect has arisen from the increased segregation of cities by economic
status and as a result by ethnicity.
On the one hand, the existence of distinct suburban and urban school districtsmay lead suburbanites to know little about urban schools and, thus, to seek toenforce on them the same model of education that exists in the suburbsOn theother hand, these same considerations may also lead urban communities tobelieve that they are being systematically deprived of resources and otheradvantages enjoyed by suburban schools (Bull, 2000, pp. 24-25).
In other words, both groups of citizens may be willing to relinquish their local control for
the potential benefits that a uniform or consistent state definition of schooling might offer
3However, as Loveless (1997) argues, the behavior of the American public belies its attitudes.
That is, several behavioral indicators suggest increased rather than decreased confidence in publicschools, including decreased dropout rates, limited interest in private alternatives to public schools, andincreased government funding of education.
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for urban schools, perhaps additional resources, and for suburban schools, likely the
recognition and promulgation of their mode of schooling.
These are just a few of the many factors contributing to the increase in state
authority over education policy. While the reasons are debatable, the fact that state
education agencies are now, more than ever, considered the leverage point for
education policy is not. As one small example, the state-level contribution to overall
educational spending has increased from around 17% in 1930 to almost half today
(NCES, 1999). Further, over the last three decades, as depicted in figure 1 below,
states governments have surpassed local governments as a source of revenue for
public elementary and secondary education.
Figure 1. Sources of revenue forpublic elementaryand secondaryschools: 197071to 199899
SOURCE: U.S. Department of Education, National Center for Education Statistics, Statistics ofState School Systems; Revenues and Expenditures for Public Elementary and SecondaryEducation; and Common Core of Datasurveys.
Therefore, in light of the new role of states, regardless of ones position on
federalism, it is currently unwise to ignore states as educational policy makers.
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