Legislating Accountability- Standards Sanctions and School Dist
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: Legislating Accountability- Standards Sanctions and School Dist
Legislating Accountability- Standards Sanctions and School Dist
Fordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryFaculty Scholarship2004Legislating Accountability: Standards, Sanctions, an Legislating Accountability- Standards Sanctions and School Distnd School District ReformAaron J. SaigerFordham University School o f Law, aarứnsaigeriỊĩigniaíl.comFollow this and additional works at: http://ir.lawnet.fordharn.edu/faculty_scholarshipÔ* Part of the Education Law Commons, and the State and Local Government Law CommonsRecommended CitationAaron J. S Legislating Accountability- Standards Sanctions and School Distaiger, Legislating Accountability: Standards, Sanctions, and School District Reform, 46 Win. & Mary L. Rev. 1655 (2004-2005) Available at: hnp://ir.laLegislating Accountability- Standards Sanctions and School Dist
wnet.fordham.edu/foculty_sdioknhip/292This Article I* brought to you for free and open accew. by FLASH: The Fordham law Archive of Schobrdup and HistoFordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryFaculty Scholarship2004Legislating Accountability: Standards, Sanctions, an Legislating Accountability- Standards Sanctions and School Dist. For more informition, plcare contact tmeinicUiliwfoalhinredu.LEGISLATING ACCOUNTABILITY: STANDARDS, SANCTIONS, AND SCHOOL DISTRICT REFORMAaron J. Saiger*Table of ContentsIntroduction...................................... 1656I.Accountability, Deterrence, and Signaling... ... 1662A.School District Legislating Accountability- Standards Sanctions and School DistNonaccountability and theDisestablishment Incentive.................... 1662B.District Responsiveness to Incentive Systems. 1677c. State Incentives anLegislating Accountability- Standards Sanctions and School Dist
d Capacity................ 1690D. A Tivo-Player Model of Deterrence ........... 1695II.Other ACTORS........................ .......1707A.Courts.....Fordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryFaculty Scholarship2004Legislating Accountability: Standards, Sanctions, an Legislating Accountability- Standards Sanctions and School DistAssociate Professor of Law, Fordham University School of Law. I express my gratitude to several colleagues who assisted me in the development of these ideas and reviewed various versions of the manuscript: Caroline Gentile, Jennifer Gordon, Abner Greene, Thomas Lee, Eduardo Peflalver, James Ryan, an Legislating Accountability- Standards Sanctions and School Distd Be nj main Zipursky. I am indebted particularly for the invaluable assistance and insight offered at various stages of this project by Michael DanieLegislating Accountability- Standards Sanctions and School Dist
lson, John Dilulio, Jr., Jay Heubert, and Jennifer Hochschild. The spencer Foundation, Columbia Law School, and Fordham Law School provided much-appreFordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryFaculty Scholarship2004Legislating Accountability: Standards, Sanctions, an Legislating Accountability- Standards Sanctions and School Distduction“Hold the public schools accountable!” This clarion cry, first heard in state capitals in the late 1980s, has since been repeated and amplified by many states, by the courts, and most recently, by the federal government. Only where school districts and schools are held to “account,” the theor Legislating Accountability- Standards Sanctions and School Disty goes, ought one expect any program of school reform to be truly effective. Because unaccountable school districts lack incentives to succeed, wavesLegislating Accountability- Standards Sanctions and School Dist
of school reform have been able to wash over the nation’s most troubled school districts for decades without substantially ameliorating their dismal aFordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryFaculty Scholarship2004Legislating Accountability: Standards, Sanctions, an Legislating Accountability- Standards Sanctions and School Distft in efforts to reform these troubled districts.2 Accountability reforms operate in the public sphere, implicitly denying the claim that only markets can solve the problems of failing schools. They rely upon legislative and executive action, rather than locating the power to reform troubled schools Legislating Accountability- Standards Sanctions and School Dist in judges, who have limited control over schools’ activities, no ongoing experience with education, and a constrained repertoire of remedies. And insLegislating Accountability- Standards Sanctions and School Dist
tead of regulating top-down, accountability reforms encourage flexibility at the local level1See, e.g., Frederick M. Hess, Revolution at the Margins: Fordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryFaculty Scholarship2004Legislating Accountability: Standards, Sanctions, an Legislating Accountability- Standards Sanctions and School Distorm efforts have “failed to produce the desired results"); Jennifer L. Hochschild, Three Puzzles in Search of an Answer from Political Scientists (with Apologies to Pirandello), 37 Pol. SCI. & Pol. 225, 227 (2004) (“Urban school districts, with occasional exceptions in particular schools or along pa Legislating Accountability- Standards Sanctions and School Distrticular substantive dimensions, are largely a disaster.”). The assertion of disaster holds whether disaster is defined comparatively, against the staLegislating Accountability- Standards Sanctions and School Dist
ndard set by the mass of public schools that serve the relatively rich and white students of America’s suburbs, or by some reasonable aspiration of whFordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryFaculty Scholarship2004Legislating Accountability: Standards, Sanctions, an Legislating Accountability- Standards Sanctions and School Distng how urban schools fail relative to suburban schools in reading, math, and science, and how they fail to meet the requirements of the twenty-first century job market).2“The New Accountability” is “new" because “accountability (wa]s an ‘in’ word among educators” as early as 1972 Edward Wynne, The P Legislating Accountability- Standards Sanctions and School Distolitics of School Accountability-Public Information About Public Schools, at ix (1972). In 1972, as it does today, the word had various connotations;Legislating Accountability- Standards Sanctions and School Dist
Wynne defined it as “systems or arrangements that supply the general public... with accurate information about school output performance—test scores aFordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryFaculty Scholarship2004Legislating Accountability: Standards, Sanctions, anFordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryFaculty Scholarship2004Legislating Accountability: Standards, Sanctions, anGọi ngay
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