Growing Chorus of Voices Calling for Changes in NCLB
The National Education Association supports the goals of the so-called "No Child Left Behind" (NCLB) Act, including closing the achievement gap and ensuring that all students are held to high expectations of learning.
But the law was developed by politicians and bureaucrats, while the many recommendations by teachers, education support professionals, administrators, and others went ignored.
The education community wants ESEA/NCLB to allow for alternate ways to measure student performance, remedies for schools that are struggling, and the resources to carry out the objectives of the law.
NEA is not alone in its concerns about the law and its implementation. A growing chorus of voices is calling for changes in the law and additional federal resources for proven methods.
The following are updated summaries of some of the concerns policymakers and the public have expressed.
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Other Voices: A growing number of organizations are calling for legislative and regulatory changes to NCLB.
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State Legislative Action: Dozens of state legislatures have seen the introduction of bills or resolutions advocating full funding of NCLB and a wide variety of changes in the law and/or its implementation.
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Editorials and Opinion Columns
Newspaper editorial boards across the country have increasingly come out in favor of changing unworkable provisions of the law and providing the resources needed to make it work. The following selections are just some of hundreds of similar editorials and opinion columns.
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"Rely on course grades, not the Bushes' grades," Palm Beach Post, June 13, 2004
"The problem is that parents can't make sense out of all the information because the conglomeration doesn't jibe with itself. Eighty-four percent of 10th-graders can write on grade level, according to the 2004 FCAT, but only 37 percent can read on grade level."
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"No Child Left Behind leaves school districts behind," Santa Cruz Sentinel, June 13, 2004
"At the expense of students, NCLB continues to undermine, rather than support, California’s more realistic, more rigorous and more manageable accountability and achievement efforts. Schools must now deal with two competing accountability systems and conflicting rules and priorities have thoroughly frustrated and confused schools up and down the state."
- "Fed plan: No school budget left uncut,"Dover-Sherborn Press [MA], June 3, 2004
"What this program really has proven to be is Bush's way of appearing to care about education without having to do too much to back up his words. It's too bad his actions don't back up his words, but when it comes to domestic programs that [affect] children, the elderly and the middle and lower classes, that has often been the case with this administration. Without the promised funding, NCLB may do more harm than good, an unfunded mandate that diverts resources desperately needed to help students catch up."
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"No Child Left Behind doesn't work for Maine," Portland Press Herald [ME], May 30, 2004
"No Child Left Behind is highly flawed… If an education program that's meant to ensure more students graduate from high school is causing more to drop out, that's a pretty good indication that something is wrong with the system, however."
- "More kids dropping out is a warning sign of a big problem," Maine Today, May 23, 2004
"A GED shouldn't become an escape from the traditional system, though. The point of higher standards is to make kids succeed, not to make them fail. If the No Child Left Behind standards are having the opposite effect, it's all the more reason to re-examine the law."
- "Keep old promises first" Des Moines Register [IA], May 21, 2004
"The federal government loves to tell state and local educators what to do, but can't be depended on for the money. That's the case, too, for the No Child Left Behind Act. It brings significant funding for technical implementation but falls way short on professional development for teachers. That's probably not something President Bush will point out as he seeks re-election."
- "Middle school teachers hit by interpretation of initiative’s requirement," Lafayette Advertiser [LA], May 1, 2004
"While middle school teachers should probably seek middle school certification, they should not be put under undue pressure because of the way the state has chosen to interpret a vague requirement of the No Child Left Behind Act."
- "Education law falling behind," Fort Wayne Journal Gazette [IN], April 23, 2004
"Contrary to the first lady’s claim, the parents of Indiana students will find nothing in No Child Left Behind to help their children learn. They are better served by ignoring the federally required lists and getting involved in their schools to see firsthand how they measure up."
- "Senate continues surrender to federal education fiasco," Springfield News-Leader [MO], April 23, 2004
"The No Child Left Behind Act was supposed to push improvements in education. In Missouri, it is stopping them."
- "School numbers sometimes lie," Cleveland Plain Dealer [OH], April 20, 2004
"President George W. Bush's major federal education reform law, No Child Left Behind, gives parents the right to transfer from schools that persistently post low scores. But this research indicates that such a move might not be in the best interests of some students; that is, an individual youngster may be better-served in a lower-performing school if his own progress is good."
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Other Voices
A growing number of organizations have called for legislative and regulatory changes to NCLB. A partial list includes:
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State Legislative Activity
Since the start of state legislative sessions this year, 21 states have considered bills critical of the No Child Left Behind (NCLB) Act. Currently there are 15 states that are still considering legislation and/or resolutions on NCLB. Some states have multiple bills and resolutions pending.
Of the 15 states, Colorado, Hawaii, New Mexico, Utah, and Virginia are the only states to have passed a resolution through both houses of their legislature. Ten states - Arizona, Connecticut, Hawaii, Minnesota, Nebraska, New Jersey, Oregon, Vermont, and Washington -- have bills that are currently being debated in various legislative committees. There are eight states - Connecticut, Hawaii, Idaho, Illinois, Maine, Minnesota, New Mexico, and Virginia -- which have passed legislation through one or more legislative bodies.
Arizona: SB 1304: A school district or charter school may notify the superintendent of public instruction in writing any time that the school district or charter school will not be participating in or be subjected to the NCLB Act of 2001.
SPONSOR: Sen. Karen Johnson (R)
LAST ACTION: 1/27/05 (S) Assigned to Rules Committee
Arkansas: HB 2903: An act to establish procedures for implementing the highly qualified teacher provision in the No Child Left Behind Act.
SPONSOR: Rep. Nancy Duffy Blount (D)
LAST ACTION: 4/07/05 (H) Withdrawn by Author
Colorado: SB 50: Raises, from 3,000 to 5,000 students, the enrollment threshold for the requirement that a school district that requests a waiver demonstrate the waiver application has the consent of specified person. Permits a school district to choose not to comply with the federal NCLB Act of 2001.
SPONSORS: Sen. Mark D. Hillman (R)
LAST ACTION: 5/7/05 Governor Action - Became Law
Connecticut: HJR 30 and SJR 35: Calls on Congress to pass legislation to provide waivers to high achieving states, such as Connecticut, from the requirements of the No Child Left Behind Act.
SPONSORS: Rep. John Mazurek (D) and Sen. John Kissel (R)
LAST ACTION: 1/24/05 (H) Referred to Joint Committee on Education Committee
STATUS: Passed Senate, Passed Final House Committee
SJR 40: Resolution Memorial stating that while NCLB has the laudable purpose of increased accountability and higher student achievement, it is an unwarranted extension of federal power without federal constitutional authority and misplaced in its application to Connecticut and other states which have consistently led the nation in accountability and student achievement.
SPONSOR: Education
LAST ACTION: 3/24/05 House calendar number 109
STATUS: Passed Final House Committee, Passed Final Senate Committee
Florida: HM 877: A Memorial to the Congress of the United States, urging Congress to reevaluate the requirements of the No Child Left Behind Act and to fund the levels authorized in the act.
SPONSOR: Rep. Curtis Richardson (D)
LAST ACTION: 5/06/05 (H) Died in Committee on Choice & Innovation (EDC)
Hawaii: HCR 245: Requesting the United States Congress to amend the No Child Left Behind Act of 2001 according to the recommendations of the final report of the national conference of state legislatures' task force on no child left behind.
SPONSOR: Rep. K. Mark Takai (D)
LAST ACTION: Passed House, Passed Senate
STATUS: 5/6/05 (H) Transmitted to Public
HR 178 & SR 124: Requesting the United States Congress to amend the No Child Left Behind Act according to the recommendations of the National Conference of state legislatures' task force on No Child Left Behind final report.
SPONSOR: Rep. K. Mark Takai (D), Sen. Suzanne N.J. Chun Oakland (D)
LAST ACTION: 3/24/05 (H) Bill scheduled to be heard by EDN on Monday, 3/28/05. 3/22/05 (S) Referred to EDM/IGA.
HR 179 & SR 122: Requesting the President and the Congress of the United States to make certain modifications and acknowledgements with respect to the No Child Left Behind Act of 2001.
SPONSOR: Rep. K. Mark Takai (D), Sen. Suzanne N.J. Chun Oakland (D)
LAST ACTION: 3/30/05 Passed House with none voting no, (S) Referred to EDM/IGA, WAM
HR 187: Requesting the Department of Education to assess the additional costs to the state of implementing the No Child Left Behind Act and report on the federal Department of Education's efforts to address methodological flaws of the No Child Left Behind Act.
SPONSOR: Rep. K. Mark Takai (D)
LAST ACTION: 4/20/05 (H) The committee(s) recommends that the measure be deferred.
Idaho: SJM 101: A Joint Memorial demanding that states without a city of one million or more in population be exempt from the No Child Left Behind Act.
SPONSOR: Sen. Gary J. Schroeder (R)
LAST ACTION: 1/25/05 Referred to Education Committee - Died/Killed
SJM 106: A Joint Memorial to the President of the United States and the Congress, and to the Congressional delegation representing the state of Idaho addressing changes in No Child Left Behind.
SPONSOR: Education
LAST ACTION: 3/04/05 House Introduction - 1st Reading - to Education. - Died/Killed
STATUS: Passed Senate
Illinois: SJR 47: A resolution calling on the Illinois congressional delegation to take action to review and amend the federal No Child Left Behind Act of 2001 and urges the U.S. President and Congress to fully fund the requirement of the Act.
SPONSOR: Sen. Kimberly A. Lightford (D)
LAST ACTION: 5/24/05 Senate Motion Prevailed 31-25-0; Waive Posting Notice
Iowa: HR 11: A resolution requesting Iowa's congressional delegation to work to secure adequate funding for mandates required under the federal No Child Left Behind Act of 2001
SPONSOR: Rep. Mary Mascher (D)
LAST ACTION: 2/10/05 Laid over under Rule 25. H.J. 340
Maine: LD 676: Directs the Attorney General to bring suit against the Federal Government and any other appropriate parties if the federal funding provided to the State is insufficient to implement the NCLB Act of 2001. The Attorney General may seek the necessary funding or may seek relief from the imposition of the federal requirements for which funding is insufficient.
SPONSOR: Sen. Michael F. Bennan
LAST ACTION: 5/24/05 Passed House and Senate
Maryland: SJR 10: Urging the Maryland Congressional Delegation to seek either full funding for the federal No Child Left Behind or a waiver from the requirements of the federal No Child Left Behind Act.
SPONSOR: Jennie M. Forehand (D)
LAST ACTION: 3/28/2005 (S) Unfavorable Report by Budget and Taxation; Died/Killed
Minnesota: HB 23: Directing the Commissioner of Education to seek a waiver from ineffective provisions of the federal No Child Left Behind Act, directing the commissioner to report on policies and programs to supplement the positive effects of the act related to improving student achievement, closing the student achievement gap, and establishing school accountability; appropriating money for supplemental education services.
SPONSOR: Rep. Carlos Mariani (D)
LAST ACTION: (H) 1/06/05 Introduction and First Reading, Referred to Education Policy and Reform
HB 1489: No Child Left Behind continued implementation conditions imposed and money appropriated.
SPONSOR: Rep. Mindy Greiling (D)
LAST ACTION: 3/7/05 (H) Author added Solberg
HB 1490: A house resolution memorializing Congress to amend the No Child Left Behind Act according to the recommendations of the National Conference of State Legislatures' task force on No Child Left Behind.
SPONSOR: Rep. Mindy Greiling (D)
LAST ACTION: 3/7/05 (H) Author added Solberg
SB 1092: A Resolution opposing No Child Left Behind requirements expansion to high schools.
SPONSOR: Sen. Geoff Michel (R)
LAST ACTION: 3/21/05 H Senate file first reading, referred to Education Policy and Reform.
STATUS: Passed Senate
SB 1244: A bill for an act relating to education; providing conditions for the continued implementation of No Child Left Behind; appropriating money.
SPONSOR: Sen. Steve Kelley (D)
LAST ACTION: 5/21/05 (S) Gen Ord: Stricken and re-referred to Finance
STATUS: Passed First Senate Committee
SB 1245: A Resolution memorializing the Congress of the United States to amend the No Child Left Behind Act according to the recommendations of the National Conference of State Legislature's task force on No Child Left Behind.
SPONSOR: Sen. Steve Kelly (D)
LAST ACTION: 3/07/05 (S) Second Reading, 3/21/05 H Senate file first reading, referred to Education Policy and Reform.
STATUS: Passed Senate
SB 1635: No Child Left Behind Act ineffective provisions waiver
SPONSOR: Sen. Sandy Pappas (D)
LAST ACTION: 3/14/05 (S) Referred to Education
Mississippi: HB 150: An act to create the school testing right to know act, which provides policymakers and the public with accurate information with which to make future decisions about the direction of education policy in the state of Mississippi, and for related purposes.
SPONSOR: Rep. Erik R. Fleming (D)
LAST ACTION: 2/01/05 (H) Died/Killed in Committee
Nebraska: LR 23: The Legislature calls upon the United States Congress to fully fund No Child Left Behind Act or modify its content to better reflect the Congress' actual financial commitment to the program.
SPONSOR: Sen. Gwen Howard (I)
LAST ACTION: 1/24/05 Notice of hearing (1/31)
New Jersey: ACR 142: Memorializes Congress to modify certain deadlines for paraprofessionals under the No Child Left Behind Act of 2001.
SPONSOR: Assemblyman Anthony Chiappone (D)
LAST ACTION: 2/09/05 (A) Introduced and Referred to Education
ACR 236: Endorses National Conference of State Legislatures' recommendations concerning "No Child Left Behind Act of 2001" and urges Congress and the President of the United States to make appropriate changes.
SPONSOR: Assemblyman Douglas H. Fisher (D)
LAST ACTION: 5/19/05 (A) Reported 2nd Reading
STATUS: Passed Final House Committee
AR 267: Urges Governor to join Connecticut lawsuit against the United States Department of Education concerning "No Child Left Behind Act of 2001."
SPONSOR: Assemblyman Douglas H. Fisher (D)
LAST ACTION: 5/05/05 (A) Introduced and Referred to Education
AB 3993 and SB 2528: Directs public school officials regarding the administration and implementation of federal education programs.
SPONSOR: Assemblyman Douglas H. Fisher (D) and Senator Shirley K. Turner (D)
LAST ACTION: Introduced and Referred to Education
New Mexico: HJM 35: A joint memorial requesting that the public education department provide certain information on the federal funding received by New Mexico for implementation of the federal No Child Left Behind Act of 2001.
SPONSOR: Rep. Daniel Foley (R)
LAST ACTION: 3/17/05 Passed Senate (34-0)
STATUS: Passed House, Passed Senate
HM 2: A memorial urging Congress to ensure that New Mexico's students are not left behind by unfunded mandates in the federal No Child Left Behind Act.
SPONSOR: Rep. Ray Begaye (D)
LAST ACTION: 2/10/05 Signed
North Dakota: HB 1038: A bill to establish an advisory commission on the No Child Left Behind Act; and to amend and reenact section 54-35-21 of the North Dakota Century Code, relating to the interim no child left behind committee.
SPONSOR: Legislative Assembly
LAST ACTION: 3/17/05 Senate Second reading, failed to pass, Y-0/N-47
HB 1365: A bill for an Act to amend and reenact section 15.1-21-06 of the North Dakota Century Code, relating to participation in the No Child Left Behind Act of 2001.
SPONSOR: Rep. Margaret Sitte (R)
LAST ACTION: 02/09/2005 House Second reading, failed to pass, yeas 22, nays 69
HCR 3012: A concurrent resolution urging the Secretary of the United States Department of Education to declare that elementary teachers licensed by the North Dakota Education Standards and Practices Board meet and exceed all requirements for being highly qualified as provided in the No Child Left Behind Act.
SPONSOR: Rep. Phillip Mueller (D)
LAST ACTION: 2/05/05 House Committee Hearing; Request return from committee; HJ 462; Withdrawn from further consideration
Oregon: HB 2900: Relating to federal education law; declaring an emergency. Prohibits states and local educational agencies from participating in federal No Child Left Behind Act of 2001 if adequate federal funding is not received.
SPONSOR: Rep. Brad Avakian (D)
LAST ACTION: 3/15/05 (H) Referred to Education with subsequent referral to Ways and Means.
HJM 27: Urging the Congress to amend No Child Left Behind Act to provide for waiver and adequate federal funding. Urges Congress to amend No Child Left Behind Act of 2001 to provide waiver and adequate federal funding.
SPONSOR: Rep. Brad Avakian (D)
LAST ACTION: 3/18/05 (H) Referred to Education
Utah: HB 135: Directs public education officials regarding the administration and implementation of federal education programs.
SPONSOR: Rep Margaret Dayton (R)
LAST ACTION: 3/2/05 House File for defeated bills
HJR 3: This resolution recognizes Utah's commitment to competency-measured education and the state's leadership role in providing quality education for its citizens.
SPONSOR: Rep. Kory M. Holdaway (R)
LAST ACTION: 3/7/2005 House/to Lieutenant Governor
STATUS: Approved: Effective: N/A; PubAct: N/A
HB 1001: Directs public school officials regarding the administration and implementation of federal educational programs.
SPONSOR: Rep. Margaret Dayton (R)
LAST ACTION: 5/02/05 Governor Signed
Vermont: HB 59 & SB 38: This bill proposes to direct the state board of education not to comply with the testing and consequence provisions of the federal No Child Left Behind Act of 2001.
SPONSOR: Rep. Willem Jewet (D)
LAST ACTION: 1/18/05 (H) Current Status: In Education; 1/21/05 (S) Current Status: In Education
HJR 15: Urging Congress to amend the No Child Left Behind Act of 2001 with respect to military recruitment activities.
SPONSOR: Rep. Johannah Leddy Donovan (D)
LAST ACTION: 1/26/05 (H) In Education
HJR 37: In support of the plaintiffs in a lawsuit related to funding for the No Child Left Behind Act of 2001.
SPONSOR:
LAST ACTION: 4/28/05 (H) In Education
Virginia: HB 2602 & SB 1136: No Child Left Behind Act; Board of Education to seek waivers. Directs the Board of Education to seek waivers from compliance with provisions of the No Child Left Behind Act that (i) are in conflict with Section 9527 (a) which prohibits federal authorities from mandating, directing, or controlling state or local allocation of resources and from mandating state or local expenditure of funds or incursion of any costs not paid for under the Act; (ii) are duplicative of the Standards of Quality, Standards of Learning, and Standards of Accreditation; or (iii) are lacking in effectiveness. Further, the Board must examine the fiscal and other implications for the Commonwealth and its local governments in the event that Virginia continues its compliance with, or withdraws from participation in, the federal No Child Left Behind Act. The Board must convey its findings from such examination to the House Committees on Education and Appropriations and the Senate Committees on Education and Health and Finance no later than October 1, 2005. ...
SPONSOR: Delegate R. Steven Landes (R), Senator Emmett W. Hanger (R)
LAST ACTION: 3/9/05 (H/S) Fiscal impact statement from DPB
STATUS: Approved effective 3/16/2005
HB 2685: No Child Left Behind Act; Board of Education to seek waiver. Directs the Board of Education to seek a waiver from compliance with those provisions of the federal No Child Left Behind Act that are duplicative of the Commonwealth's prior educational accountability system as set forth in the Standards of Quality, Standards of Learning, and Standards of Accreditation, or lacking in cost effectiveness, and that already comply with the spirit and intent of the federal act.
SPONSOR: Delegate Albert C. Pollard (D)
LAST ACTION: 2/02/05 House; Incorporate by Education (HB2602-Landes) (22-Y, 0-N)
HJR 561: Resolution; waiver from federal No Child Left Behind Act. Requests the Board of Education to seek a waiver from compliance with those provisions of the federal No Child Left Behind Act that are duplicative of Virginia's pre-existing educational accountability system or lacking in cost effectiveness, and that already comply with the spirit and intent of the federal act. ...
SPONSOR: Delegate Gary A. Reese (R)
LAST ACTION: 2/02/05 House: Tabled in Rules (16-Y, 0-N)
HJR 708: Resolution; Congress to amend No Child Left Behind. Memorializes Congress to amend the No Child Left Behind (NCLB) Act immediately to include a mechanism for an automatic waiver from its provisions for school accountability for states, such as Virginia, that have successfully raised student achievement through their own standards and accountability reforms, and that this waiver be available to states so long as they maintain these proven standards and accountability programs. ...
SPONSOR: Delegate R. Steven Landes (R)
LAST ACTION: 1/26/05 House: Passed by indefinitely in Rules (16-Y, 0-N)
HB 1592: No Child Left Behind Act, the Board of Education to seek a waiver from compliance with those provisions of the Act that are duplicative of the Commonwealth's prior educational accountability system as set forth in the Standards of Quality, Standards of Learning, and Standards of Accreditation….
SPONSOR: Delegate Gary A. Reese (R)
LAST ACTION: 2/02/05 House: Incorporated by Education (HB2602-Landes) (22-Y, 0-N) Progress: Died/Killed
SB 948: No Child Left Behind; waiver applications. Requires the Board of Education to file an application for a waiver from a specified accountability provision included in No Child Left Behind, when requested by resolution adopted in open meeting by any of the eight superintendents' regions. The superintendents' regions must review the provisions of NCLB and may request the filing of an application for a waiver. ...
SPONSOR: Sen. H. Russell Potts
LAST ACTION: 2/04/05 Senate: Incorporated by E. H. (SB1136-Hanger) (13-Y, 0-N), Died/Killed
SJR 437: Memorializing Congress; No Child Left Behind Act. Urges Congress to amend the No Child Left Behind (NCLB) Act immediately to include a mechanism for an automatic waiver from its provisions for school accountability for states, such as Virginia, that have successfully raised student achievement through their own standards and accountability reforms, and that this waiver be made available to states so long as they maintain these proven standards and accountability programs. The resolution also requests that any further action anticipated to enforce the Act be deferred until full funding to implement the law has been authorized.
SPONSOR: Sen. Emmett W. Hanger (R)
LAST ACTION: 2/08/05 Senate: Left Rules, Died/Killed
Washington: HJM 4010 & SJM 8011: Petitions the President and Congress to fully fund the No Child Left Behind Act of 2001.
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Amendments, Letters
and Statements by Members of Congress
Concern is rising among Members of Congress from both parties about both the lack of funding and the need for substantive changes to NCLB. A number of bills have been introduced in the House and Senate to either fully fund NCLB, modify its provisions, or suspend its sanctions.
To date there have been 18 bills introduced in Congress to fully fund NCLB, modify its provisions, or suspend its sanctions, with a total of 156 House members and 10 Senators sponsoring one or more of these bills. Many members have also publicly expressed concerns with NCLB or called for changes:
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