NCLB Recommendations #23 and #24

SUBJECT
Secretary of Education Requirements:
Notification of Waivers and Other Actions

P.L. 107-110 PROVISIONS
TITLE I PART A SUBPART 1 SEC. 1111

NSBA RECOMMENDATIONS
#23: When the Secretary approves an amendment to a state plan or grants a waiver, that information must be published on the U.S. Department of Education Website in clear and complete language within 30 days.
#24: A waiver or state plan revision approved by the Secretary shall be available to any other state on a case-by-case determination.

RATIONALE
Information regarding changes approved by the Secretary to a state’s accountability plan is currently not readily available. The proposal will ensure that all states are informed regarding adjustments and accommodations granted by the Secretary and receive equitable treatment by the U.S. Department of Education.

PROPOSED BILL LANGUAGE
Section 1111 (20 U.S.C. 6311) is amended—
By redesigning subsections (f) through (m) as subjections (g) through (n); and
By inserting after subsection (e) the following:
“(f)* State Flexibility.—
“(3) Notification.—Not later than 30 days after the approval of any revisions to the plan of a State, or the granting of any waivers described under paragraph (2), the Secretary shall notify each State educational agency of such revision or waiver and, through the website of the Department of Education and the Federal Register, the public. The notification described in the preceding sentence shall be in writing and include a clear and complete explanation of such revision or waiver.
“(4) Applicability Of Plan Revision And Waivers To Other Agencies.—A revision to a plan approved under this part or a wavier issued under this subsection or under part D of title IX may be applied in any other State or local educational agency, provided the State or agency meets any requirements issued by the Secretary applicable to such revision or waiver as implemented by such State or agency.”.

*Note: Subsection (f)(3) contains new language that is not currently in the law, its letter and number may vary in the final bill.

IMPACT OF CURRENT LAW
The U.S. Department of Education currently does not publish all the state amendments it approves or denies on its Website or in written letters to states. This practice creates ample confusion as to what amendments are acceptable or not acceptable and why. The Council of Chief State School Officers, which studies ED’s responses to state amendments, said in its 2006 report that “while past [ED] responses have not always been quick or completely documented in writing, responses to 2005-06 requests have been notably slower and, when they include denials, far less likely to be documented in writing.” ED’s inconsistent treatments toward states have caused implementation of the law to vary greatly across the country. NSBA’s recommendation will provide more transparency to the state plan process.

NSBA CONTACT
Reggie Felton, director of federal relations, 703-838-6782 or rfelton@nsba.org.