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USED Moving to Stricter Enforcement of NCLB Provisions
After a year of providing flexibility and allowances, it appears
the U.S. Department of Education is again more aggressively enforcing
NCLB as it comes up for the 2007 reauthorization.
In May, the AP released a report that the states were not disaggregating
the scores of millions of disabled, poor and limited English proficient
(LEP) students in their districts. The practice, approved by USED,
allowed states to avoid reporting for a group if it represented
a small percentage - known as the "n-size" - of the total
student population. As these n-size numbers increased so did the
perception that the states weren’t accurately reporting for
the groups the law was designed to help. This year the department
has rejected all requests for increases in n-size.
Two other proposals for flexibility have come to a virtual standstill.
One that would determine the effect of growth rates on accountability
standards ended up with only two pilot programs. Another proposal
that would provide more flexibility for LEP students never occurred.
In another development, Secretary of Education Margaret Spellings
has issued a letter to states threatening sanctions of Title I
funds if they don’t improve their school choice and SES programs.
California faces the loss of $700 million in Title I funding because
the state has failed to provide adequate transfer opportunities
for students in underperforming schools.
It was also announced recently that several states face financial
sanctions for failure to meet the accountability provisions of
NCLB. Most states have also failed to meet the highly qualified
teacher standard.
States are beginning to react to the enforcement, most notably
in Arizona and Nebraska. Arizona has filed a federal lawsuit alleging
that USED has broken its promise to allow LEP students to take
a separate test and count their test scores only after they've
completed three years of English. Nebraska has issued a scathing
letter to the department stating they have not been a good partner
and did not do enough to help the state meet accountability requirements
for their mixed model assessment plan, STARS.
Iowa officials were also surprised to find their accountability
system deemed inadequate; this was contrary to the ongoing discussions
they had been having with USED.
Unrest among educators, administrators, parents, and other education
advocates is increasing. Many groups feel NCLB should be strictly
enforced if student success is to be achieved. Others are questioning
the use of high stakes testing and complain that inadequate federal
funding is obstructing the full realization of the law's goals. Reauthorization
in 2007 will provide an opportunity for arguments on both sides to
be heard.
Questions, ideas, or
in need of more information? Please contact Stacey
Pusey at 856-241-7772.
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