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Recent NCLB Developments

Update on NCLB Growth Model Pilot

After twenty states submitted proposals to participate in a pilot to use growth model calculations to determine adequate yearly progress (AYP), the Department of Education (ED) recently announced the selection of eight proposals—Alaska, Arkansas, Arizona, Delaware, Florida, North Carolina, Oregon, and Tennessee—to move to the next round of reviews. Seven of the original 20 proposals were for test runs beginning next school year (2006-2007) and will be reviewed at a later date. The final list of states approved to utilize growth models for the 2005-2006 school year will be released in May.

Although each state proposed a way of tracking the progress of individual students as an additional method of meeting AYP requirements, the selected states have widely varying proposals. To view the individual state proposals and letters from ED, click here.

The Council of Chief State School Officers (CCSSO) held meetings with 36 states earlier this year to help state policymakers understand how particular types of growth models could work in different states. In order to increase the level of knowledge among state policymakers about the different types of growth models, CCSSO prepared the publication, Policymakers’ Guide to Growth Models for School Accountability: How do Accountability Models Differ.

First Hearing Held by Commission on NCLB

The Commission on No Child Left Behind, headed by former Health and Human Services Secretary Tommy Thompson and former Georgia Governor Roy Barnes, hosted its first of five monthly hearings on No Child Left Behind (NCLB). The first hearing, “Quality Teachers Equals Quality Schools,” was held on April 11th at California State Polytechnic University in Pomona, California. Through this hearing, the Commission sought to determine the effects of NCLB’s highly qualified teacher provisions with the goal of informing the Commission’s recommendations on how NCLB can assist in the improvement of teacher quality, recruitment, retention, and distribution.
Individuals and organizations may submit written comments up to 10 pages in length for the hearing record by sending an email by April 18, 2006.

States Support NEA’s NCLB Lawsuit

On March 31, 2006, several states and national organizations registered their support of the National Education Association’s lawsuit against U.S. Secretary of Education Margaret Spellings, Pontiac v. Spellings. The NEA has appealed a federal district court’s dismissal of the case, and the states of Connecticut, Delaware, Illinois, Maine, Oklahoma, and Wisconsin, in addition to the governor of Pennsylvania, the American Association of School Administrators, and state and local officials in California, together filed four separate amicus briefs in support of this position.

The NEA has argued that according to Section 9527(a) of NCLB itself, NCLB is an unfunded mandate. The appeal disputes the district court’s interpretation of Section 9527(a) and argues that the plain meaning of the statute is “that states and school districts may not be required, in complying with NCLB, ‘to spend any funds or incur any costs not paid for under this Act.’”

Since 2002, Congress has appropriate $31 billion less than what was initially authorized to fulfill NCLB’s requirements; most recently, Congress cut $1 billion from the 2005 funding level for fiscal year 2006. California Assemblymember Jerome Horton asserts, “No Child Left Behind is willfully inadequate. This policy fails to address widely accepted socio-economic and education funding disparities, and only exacerbates the problem with a $31 billion shortfall.”

For background on the case, see “Briefs Filed on Motion to Dismiss.”

First Attempt at School Takeover Using NCLB

For the first time since the implementation of No Child Left Behind (NCLB), a state superintendent has attempted to use one of the more extreme options available through the law to improve schools with consistently low test scores: state takeover. The state schools superintendent of Maryland, Dr. Nancy Grasmick, won the approval of the state school board to take control over 11 Baltimore middle and high schools. Baltimore officials would be required to find charter groups, universities, or for-profit companies to run the schools.

The sudden announcement that the state intended to revoke the city’s control over these schools quickly provoked a political firestorm. City officials and community leaders in Baltimore have accused the superintendent of making use of this NCLB option in an effort to support Republican Gov. Robert L. Ehrlich Jr. and to discredit Baltimore’s Democratic mayor, Martin O’Malley, as he seeks his party’s nomination to run for governor. After a Democratic majority pushed a bill through the Maryland Legislature to block the state schools superintendent from removing the operation of 11 Baltimore schools from city control, State Governor Ehrlich vetoed the bill. Partisan tension was high on the last day of Maryland’s legislative session, April 11, as the Democratic majority overrode the Governor’s veto. With this action, the state is prohibited from intervening in the Baltimore schools’ management for one year.

Prepared by Elisabeth Thurston, April 13, 2006