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States hit back on school reform law: Connecticut, Utah, Texas and the No Child Left Behind Act
Christian Science Monitor ^ | April 19, 2005 | Alexandra Marks

Posted on 04/19/2005 8:40:42 AM PDT by billorites

KILLINGWORTH, CONN. - An education rebellion is under way from Utah to Connecticut.

Three years after the passage of President Bush's controversial education reform known as No Child Left Behind (NCLB), the law is facing its most significant challenges yet - and they're coming in the courts, state legislatures, and local education departments.

Connecticut has announced it's suing the US Department of Education, claiming the law mandates changes without giving the funding to carry them out. The education commissioner in Texas unilaterally decided Washington's requirements were flawed, and she simply disregarded part of them - a kind of civil disobedience.

And Tuesday, Utah, the state that gave Mr. Bush his biggest win last November, is about to provide the most stinging rebuke yet to NCLB. In a special session, the state Senate is expected to pass overwhelmingly a bill to ensure that in a conflict between state and federal education regulations, Utah's rules will trump Washington's dictates. The House has already passed the bill, and if the Senate does as well, Utah is putting at risk $120 million it receives in federal education aid.

"The paramount question is who runs this show: Is it state and local government or Washington?" says state Sen. Thomas Hatch (R). "Are we going to let the federal government contribute a very small percentage of the education budget and dictate what we can or cannot do, or are we going to maintain control at the local level?"

The local rebellions come on the heels of an announcement by US Education Secretary Margaret Spellings that the department intends to exercise more flexibility than under her predecessor in addressing states' concerns about the law. NCLB requires annual testing in Grades 3 to 8 and sets out penalties for schools that fail to show "adequate yearly progress." In making the announcement, however, Secretary Spellings said there were certain "bright lines of the statute," such as reporting annual testing results by student subgroups, that "are not up for negotiation." This led some frustrated state officials like Connecticut Attorney General Richard Blumenthal to refer to any new flexibility as "more rhetoric than reality."

Historically, there's always been tension between states and federal government on education reform. When President Clinton tried to implement new standards, he also met resistance, often from Democratic governors. Now Bush finds himself facing similar concerns from some Republican governors, including Connecticut Gov. Jodi Rell.

Yet the heightened frustrations are also coming at a time when most states are reporting some success in raising test scores. While they insist that's in part because of state reforms put in place before NCLB became law, they do acknowledge it's had some positive effect.

"But they also see two big problems with the law: its rigid rules and lack of help for schools that have been identified as not doing well," says Jack Jennings, executive director of the nonpartisan Center on Education Policy in Washington, which has done the most extensive studies yet of the impact of NCLB. "The law is good at identifying them, but the money isn't there to help them."

That's Connecticut's main concern. It contends that complying with NCLB's testing requirements would cost state taxpayers an additional $8 million annually.

For 20 years, Connecticut has tested in the fourth, sixth, eighth, and 10th grades. Washington wants the state to add tests in the third, fifth, and seventh grades. The state says it would rather use the money to fund problem areas it has identified. "Our children are robbed of the resources they need ... to improve their classrooms and educations," says Mr. Blumenthal.

The state is also arguing that because Washington is not providing enough money to implement its requirements, NCLB is essentially an unfunded mandate and this is in violation of its own law.

The US Department of Education counters that it has provided enough funds, noting that Connecticut has received $750 million to implement NCLB.

Raymond Simon, assistant secretary for elementary and secondary education, says it's "disappointing" that Connecticut chose a legal challenge. "The additional federal funds that have been given to the states have been sufficient and in record amounts," he says.

The department also points out that minorities score significantly lower than whites in the state, and it argues that NCLB could force improvement.

In Texas, the concern is about the federal requirement that children with disabilities and those who are still learning English be tested using the same grade-level standards applied to others. With Spellings's announcement of more flexibility, 3 percent of students will be exempt from the grade-level tests - a percentage decided on by the department, based on nationwide averages. But Texas decided to exempt 9 percent, contending that including the scores of children with disabilities unfairly skews test results.

"In Texas, it's just an out-and-out case of civil disobedience," says David Shreve, an education expert at the National Conference of State Legislatures in Denver. "They're saying it just doesn't work here, and we're not going to follow it."

The US Department of Education has given Texas until the end of this week to come up with an alternative that will not exempt so many students. If it doesn't, Spellings has threatened to cut some of Texas' federal funds. Mr. Simon refused to comment on the Texas situation, saying instead he was waiting for its reply.

But he insists that NCLB is working and that this is no time to be talking about fundamental changes. "The achievement gap is narrowing and student achievement is up, so now is not the time to deviate from the mission to weaken or back down on the standards," he says. "We'll work with states to continue to make it less bureaucratic and easier for the states to accomplish the mission."

For their part, the states don't disagree with the law's fundamental mission, just the way the DOE is implementing it.

"NCLB is absolutely desirable in concept and goals. No one disagrees with its objectives," says Blumenthal of Connecticut. "It's the implementation that's so faulty - the one-size-fits-all approach and the inflexibility on unfunded mandates."


TOPICS: News/Current Events; US: Connecticut; US: Texas; US: Utah
KEYWORDS: education; nclb; pspl
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To: traviskicks
Stupid Bush education plan. States should stand up for their rights and refuse to accept federal tyrannies. Actually, they should all pass charter school legislation that lets parents spend the money the govenment spends anyway on their child on a school of their choice

Yes, the ed libs want such a thing. I might agree to some aspects of charter schools being put on the public schools though. I wish some of the original aims of charter schools in my state were being put forth. But they are increasingly being used as a political tool by the ed-libs.

21 posted on 04/19/2005 2:59:20 PM PDT by moog
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To: timtoews5292004
Unless you're like the people in my town. We only have one high school, and it didn't pass the No Child Left Behind Act standards. The parents options are 1) send the child to a failing school and hope for the best 2) homeschool, or 3) send to a private school. The nearest private school is 20 miles away and costs more to go there than a year at my state university did.

I would actually get in there and try to make it the best. My sister's kids go to a public school in a big city suburb. The parental and community support there are amazing. As a result, it shows in the school. I am glad that there is still strong community schools in my homestate. Unfortunately, in the area where I reside now the gossip, rumors, political agendas, etc. of the education liberals is starting to take effect a little. As a little old teacher (who lives in the school boundaries where I teach), it is disheartening to see. However, I am thankful for the strong parents that I seem to get blessed with year after year (of the kids).

22 posted on 04/19/2005 3:06:11 PM PDT by moog
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To: ladylib
Schools are giving their kids double doses of math and reading, no recess, test preparation (even on Saturdays), art and music after school if at all, no PE, fewer foreign languages because "those subjects aren't being tested," telling students who ask questions in class to not worry about the answers because "they won't be on the test." Sounds like a fun day, designed to foster a love of learning for sure.

Fortunately, it's not like that everywhere. But you have aptly described some things that are being used against the public schools. Note that in Korea, it is indeed the case like that.

23 posted on 04/19/2005 3:09:00 PM PDT by moog
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To: TXBSAFH
My wife is a teacher in TX. She would be the first to tell you we need accountablity, but the No Child Leave Behind (or as her fellow teachers call it every child takes it in the behind.) is not the answer. The are forced to teach the test not the subject. She tries to give as much more as she can, but it is difficult.

It's always nice to meet someone who understands rather than just blames teachers for every malady known to mankind.

24 posted on 04/19/2005 3:10:38 PM PDT by moog
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To: Puppage
Connecticut has announced it's suing the US Department of Education, claiming the law mandates changes without giving the funding to carry them out. Ah, yes. More money...that'll solve it!

I agree. A change in attitude and working together would go a lot further.

25 posted on 04/19/2005 3:11:57 PM PDT by moog
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To: EagleUSA
leftist "educators" (indoctrinators

I am one of those public indoctrinators. I got my indoctrination license a few years ago. I got the idea from one of my brothers who is studying to become an indoctor. I have a secret mind control device that I use to control the minds of the children. Sometimes I use it on parents too. I indoctrinate my kids with the terrible ideals of honesty, hard work, showing respect for their parents and family, spending time with their family, not to mention the majority of it being the 3 r's. I had better watch out I guess. Maybe I need one of those new style indoctrination phones that sends out bigger mind waves. Thank you for your information. I will go to my nearest Radio Shak tonight.

26 posted on 04/19/2005 3:17:56 PM PDT by moog
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To: moog

90% of he teachers I have ever met do the best they can with whatever they have. My family buy school supplies out of our own pocket. They care and go the extra mile for the kids. The problem in education is the administration, not the teachers


27 posted on 04/19/2005 8:20:36 PM PDT by TXBSAFH (Never underestimate the power of human stupidity--Robert Heinlein)
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To: TXBSAFH
90% of he teachers I have ever met do the best they can with whatever they have. My family buy school supplies out of our own pocket. They care and go the extra mile for the kids. The problem in education is the administration, not the teachers I would agree with most of your assessment. In my state, the administrative levels are very low, some of the lowest in the nation (as is the amount of money spent). The major problem here is attitudes. My staunchly conservative grandfather and father taught us to respect education and teachers. I am dumbfounded sometimes by what some people say. The "me" generation has to get their own way or else, it's others' fault not theirs, it's fashionable to complain not do, the attitude of "I have to have what the other person does" permeates, and so on. I wonder what teacher can say he or she has gotten her way most of the time. Certainly not me, in fact, almost never. I believe in working together with parents and students and in simple solutions to problems.

I probably spend over a month of my salary on things for my job. I spend a GREAT amount of time dropping things off to students' houses, calling parents, correcting, and the like. I believe that such is to be expected and don't complain about that at all.

I love being a teacher and someday will share the many, many , many wonderful stories and miracles I see. It seems like some people will do all they can to promote the negative while keeping a blind eye to the positive. That is not to say that there are not problems, but there are a lot of things out there that people don't pay attention to or see.

28 posted on 04/20/2005 6:31:37 AM PDT by moog
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To: TXBSAFH
Let me repost that. 90% of he teachers I have ever met do the best they can with whatever they have. My family buy school supplies out of our own pocket. They care and go the extra mile for the kids. The problem in education is the administration, not the teachers

I would agree with most of your assessment. In my state, the administrative levels are very low, some of the lowest in the nation (as is the amount of money spent). The major problem here is attitudes. My staunchly conservative grandfather and father taught us to respect education and teachers. I am dumbfounded sometimes by what some people say. The "me" generation has to get their own way or else, it's others' fault not theirs, it's fashionable to complain not do, the attitude of "I have to have what the other person does" permeates, and so on. I wonder what teacher can say he or she has gotten her way most of the time. Certainly not me, in fact, almost never. I believe in working together with parents and students and in simple solutions to problems.

I probably spend over a month of my salary on things for my job. I spend a GREAT amount of time dropping things off to students' houses, calling parents, correcting, and the like. I believe that such is to be expected and don't complain about that at all.

I love being a teacher and someday will share the many, many , many wonderful stories and miracles I see. It seems like some people will do all they can to promote the negative while keeping a blind eye to the positive. That is not to say that there are not problems, but there are a lot of things out there that people don't pay attention to or see.

29 posted on 04/20/2005 6:32:36 AM PDT by moog
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To: moog

Example, my wife's school district, the superitendent gets a $700 a month vehicle allowance. The district is only about 25-30 square miles. When he started he drove a 4 or 5 year old ford truck. He now drives a jag. At the same time my wifes school is 3 years over due for new science text books.


30 posted on 04/20/2005 6:48:26 AM PDT by TXBSAFH (Never underestimate the power of human stupidity--Robert Heinlein)
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To: BufordP
How about no mandates, no money, no fed in education.

Amen

31 posted on 04/20/2005 7:18:14 AM PDT by The_Eaglet (Conservative chat on IRC: http://searchirc.com/search.php?F=exact&T=chan&N=33&I=conservative)
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To: BufordP
How about no mandates, no money, no fed in education.

Amen

32 posted on 04/20/2005 7:18:15 AM PDT by The_Eaglet (Conservative chat on IRC: http://searchirc.com/search.php?F=exact&T=chan&N=33&I=conservative)
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To: RaceBannon; scoopscandal; 2Trievers; LoneGOPinCT; Rodney King; sorrisi; MrSparkys; monafelice; ...
Connecticut ping!

Please Freepmail me if you want on or off my infrequent Connecticut ping list.

33 posted on 04/20/2005 10:18:00 AM PDT by nutmeg ("We're going to take things away from you on behalf of the common good." - Hillary Clinton 6/28/04)
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To: moog

I am an educator for the last 15 years, I teach 7th grade math. It seems to me that the push is for accountability for the administrators who then push us to be accountable so that they can look good. No one seems to care about the well being of the children anymore. Program after program has come through my school and to be honest, none of them seem to help the learners. Most recently we are using Impact math. In the words of one child, "Impact Math has had no impact on me!"


34 posted on 04/20/2005 2:32:44 PM PDT by wasitchu (Tempus Fugit Carpe Diem)
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To: TXBSAFH
Example, my wife's school district, the superitendent gets a $700 a month vehicle allowance. The district is only about 25-30 square miles. When he started he drove a 4 or 5 year old ford truck. He now drives a jag. At the same time my wifes school is 3 years over due for new science text books.

Our administrators here earn about as much as a well paid teacher in other places. Our superintendent is pretty good. He is a good Christian man who runs a tight and efficient ship for having such a large school district. The same goes for my principal. My high school principal was phenomenal. He was an officer in the Army Reserves. He had actually flunked out of the same high school where later he became principal. He hated paperwork and would instead roam the halls seeing how he could help out teachers and students. He ran a strict but efficient and enjoyable school. I felt proud whenever he would compliment us on our behavior at a football game, for instance. He encouraged my congregation to set up a religious education program and remarked that that was a bunch of kids he did not have to worry about. He taught 3 classes a day to help struggling students. My principal could relate to anyone about anything. Students and parents alike loved him. When he had some run-ins with the school board, HUNDREDS of parents showed up to support him. To be honest, I never heard anything bad about him ever uttered by anyone who ever knew him. He remains a legend in my hometown today. I wish there were a lot more around like him.

There are good and bad out there and yes, I have seen bad examples too--there was a really bad superintendent some years back in my hometown. Luckily, he was forced out after a year and things have been fine since.

35 posted on 04/20/2005 2:48:02 PM PDT by moog
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To: TXBSAFH

By the way, I call it no child's behind left law.


36 posted on 04/20/2005 2:48:54 PM PDT by moog
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To: wasitchu
I am an educator for the last 15 years, I teach 7th grade math. It seems to me that the push is for accountability for the administrators who then push us to be accountable so that they can look good. No one seems to care about the well being of the children anymore. Program after program has come through my school and to be honest, none of them seem to help the learners. Most recently we are using Impact math. In the words of one child, "Impact Math has had no impact on me!

Yes, I know it seems like we can get program after program at times. I often feel overwhelmed like a lot of teachers. Certain administrators can be headaches at times, but I think the greater threat now are the education liberals, who seek to blame teachers for anything and everything and promote anything negative about education (at least in my area). I have been amazed at the gossip spread around my own neighborhood (I live in my school boundaries). It's hard to tell others what is REALLY the case when you have others spouting off one thing or complaint after another.

One thing I will say over and over and over is that my parents took the initiative and stressed the importance of education with us. It took precedence over other things except for church. They did terrible things like not have cable TV or video game systems, limit our TV time, limited our time with friends on school nights, helped us with homework, expected good grades, taught us good moral values, and so on. As I get older, I realize more and more how thankful I am for them.

I have been extremely lucky as an educator (9 years) thus far as I have had many great parents to work with. In fact, I look forward to working with certain parents as I do with certain kids. But again it's hard to compete against sports, video games, and the like.

Again, if we're all on the same page and not against each other (no, I'm not talking about some feel-good howdy-doody program), then great things can happen.

37 posted on 04/20/2005 3:03:19 PM PDT by moog
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To: moog
I spend a GREAT amount of time dropping things off to students' houses, calling parents, correcting, and the like.

Around here, that's what we call "administrative assistant" work.

If I could get a good assistant for a teacher's pay, I'd be on it like orange sauce on a duck.

(The point is that you are NOT THEIR MAMA. Don't clean up after them. Make them do it themselves. It's the only way they'll learn.)
38 posted on 04/20/2005 3:08:12 PM PDT by Xenalyte (It's a Zen thing, you know, like how many babies fit in a tire.)
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To: TXBSAFH

The are forced to teach the test not the subject




Sounds like college to me. :)

On a different level I always have believed that states should control things more than the federal government. That said, though, the excuse that things are underfunded are nuts. You could be spending 80% of your budget on education and the teachers and their unions would still say its not enough. At least thats the case here in missouri.


39 posted on 04/20/2005 3:09:40 PM PDT by BoBToMatoE
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To: wasitchu

Why do you have to "use" a certain "kind" of math? Why not just say, "No, we will now learn to divide fractions" without putting a stupid label on it?

Addition is addition, subtraction subtraction, and ditto for multiplication and division.


40 posted on 04/20/2005 3:09:52 PM PDT by Xenalyte (It's a Zen thing, you know, like how many babies fit in a tire.)
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