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Common Core and the Law

Common Core is a set of academic standards designed to unify educational benchmarks across the United States. It focuses primarily on mathematics and English Language Arts (ELA). Developed by the National Governors Association and the Council of Chief State School Officers, these standards aim to prepare students for higher education and careers.

The Common Core State Standards Initiative (Common Core) refers to a set of guidelines intended to steer schools toward common benchmarks for accomplishment. The program details the kind of materials to be covered and the acceptable scores for advancement. It aligns with graduation requirements and curriculum materials. It streamlines educator preparation, professional development, and data systems. Common Core standardizes education from kindergarten to high school graduation. The keystone of the program is a heavy focus on mathematics and literacy.

Most states adopted Common Core standards within a few months of its introduction in 2010. This decision was influenced by the fact that to qualify for federal Race to the Top grants, states were required to adopt internationally benchmarked standards and assessments. Common Core was not the only program that would meet this requirement, but early adoption would earn extra points over those available for self-created or other standards.

It’s important to note, however, that a minority of states have not adopted Common Core standards. These states include Alaska, Nebraska, Oklahoma (repealed in 2014), Texas, and Virginia. Let’s explore Common Core standards in more detail below.

What Is Common Core?

Common Core is a set of academic standards adopted by many public schools around the United States. It’s like a checklist of what students should know and be able to do at each grade level. The National Governors Association and the Council of Chief State School Officers created these standards. They wanted students to be ready for higher education and careers when they graduate.

Even though we have federal government agencies like the U.S. Department of Education, education is primarily a state issue. So, the Common Core isn’t a national curriculum. Instead, each state decides whether to adopt these standards. The State Board of Education will make this decision. If they say yes, local school districts can make their plans to fit Common Core into the school year.

What Subjects Are Covered?

The Common Core focuses on "core" subjects, which the developers have determined to be English Language Arts (ELA) and mathematics. The program doesn’t provide specific texts or lessons that need to be taught but instead focuses on the concepts to be taught using whatever texts are necessary. The program might also recommend instructional materials and education standards for these areas.

Key content standards in ELA include:

  • Reading
  • Writing
  • Language
  • Speaking and Listening

Key concepts for math standards include:

  • Number and Quantity
  • Algebra
  • Functions
  • Modeling
  • Geometry
  • Statistics and Probability

Some states also added new standards for social studies and science. Schools can choose which set of standards they’d like to implement into their school system.

How Are Schools Assessed?

Schools give tests based on Common Core to check how well students are doing. These are not just any tests. They are evidence-based and high-quality. The goal is to find out if students are learning what is intended. School districts, and even the whole state, can then look at these test scores to see if any changes are needed to boost student achievement. They can also relate these scores to graduation rates and make adjustments according to these statistics.

Common Core requires schools to be periodically assessed. Participating states have split into two consortiums that take different approaches to assessment.

PARCC Race to the Top Assessment Consortium

The PARCC Assessment Consortium refers to schools that have implemented a computer-based "summative assessment" for each grade administrated under the Partnership for Assessment of Readiness for College and Careers and Race to the Top programs. While membership in this consortium declined, at present, the PARCC states include Louisiana and Massachusetts.

Smarter Balanced Assessment Consortium

The Smarter Balanced Assessment Consortium uses adaptive online exams. As with the PARCC program, testing is conducted to ensure that standards are met. The major difference between SBAC and PARCC’s tests is that SBACs are "adaptive," meaning that each student’s test will be different, although all student tests will conform to the requirements of the test "blueprint." SBAC member states include California, Connecticut, Delaware, Hawaii, Idaho, Indiana, Iowa, Maine, Michigan, Montana, Nevada, New Hampshire, North Carolina, North Dakota, Oregon, South Dakota, Vermont, Washington, West Virginia, Wisconsin and Wyoming.

The Response to Common Core

Common Core has been a hot topic. The Obama administration supported it, offering waivers and other incentives to states that adopted these career-ready standards. But not everyone is a fan. Public responses to the Common Core have been impassioned and highly politicized. Those in support of Common Core point out that since it sets standards but not curriculums, the system permits adaptiveness and tailored engagement within localities and even among students. Teachers, schools, and states may still introduce a variety of curriculums designed to meet the circumstances and interests of their students.

However, this flexibility may itself be a source of legitimate criticism. Since the program’s goal is to set common learning goals and standards, the failure to designate texts or curricula may eliminate many of the purported benefits. Critics also complain that the constraints of the new system provide fewer opportunities for students to learn at different paces over time. Some policymakers perceive the implementation of national standards as necessarily compromising the ability to adapt education to local or individual development.

Common Core’s focus on literacy and math has also been seen as problematic. In conjunction with legislation such as No Child Left Behind, Common Core is seen as reducing schools’ interest and motivation in providing education in art, science, history, and physical education. With assessments focused on literacy and math and federal funding contingent on the scores that result from these assessments, there’s an increased urgency in the teaching of these subjects that, critics say, has contributed to a decline in the quality and amount of teaching in other subjects.

Some states, like New York and Kentucky, revised their education programs to better suit their needs. There’s also a focus on making sure the standards work for everyone including learners with disabilities and those who need special attention under civil rights laws.

Getting Legal Help

Understanding the laws around Common Core can be tough. If you’re a parent or a teacher and you have concerns about Common Core, you might need legal help. Experts in education law can help you understand your rights and how the education system is supposed to work. Attorneys are knowledgeable about state law and federal laws that might affect your case.

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