NCLB Recommendations #21 and #22
SUBJECT
Secretary of Education Requirements: Authority for Waivers
P.L. 107-110 PROVISIONS
TITLE I PART A SUBPART 1 SEC. 1111
NSBA RECOMMENDATIONS
#21: In approving a state’s NCLB accountability plan the Secretary shall grant the state flexibility to alter the federal framework to align with the state’s own accountability system.
#22: The Secretary should provide statutory and regulatory waivers – including waiving requirements that are unnecessarily burdensome or duplicative of state requirements.
RATIONALE
States have the authority and responsibility to educate their students. They should not have to implement federal mandates that are inconsistent, duplicative or add no value to state requirements as long as those state requirements support the broader objectives of NCLB.
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.—
“(1) Plans.—In approving plans under subsection (e), the Secretary shall accord a State maximum flexibility to make such plans and any revisions compatible with the accountability system of such State.
“(2) Waivers.—Through the authority provided under part D of title IX, the Secretary may grant a waiver of any statutory or regulatory requirement of this part requested by a State educational agency or local education agency.
IMPACT OF CURRENT LAW
Current law imposes additional federal mandates – including those contradictory to a state’s existing accountability system. Many states such as Florida and Texas had already established their own school rating systems prior to NCLB. The incompatible nature between the state and the federal accountability systems creates ample confusion for parents and the communities as to how their schools and students are performing. More recognition needs to be accorded to making NCLB compatible with proven state accountability programs.
NSBA CONTACT
Reggie Felton, director of federal relations, 703-838-6782 or rfelton@nsba.org.