Department of Education threatens “enforcement action” against Virginia
The U.S. Department of Education (ED) has threatened to take "enforcement action" against Virginia if any school districts defy a federal mandate to give reading tests to thousands of immigrant students. In a sharply worded letter, ED Deputy Secretary Raymond Simon’s said he is "greatly distressed" that some Virginia school districts might violate the No Child Left Behind Act (NCLB). Mr. Simon urged the state to enforce the law. If it does not, he said, federal officials could step in, possibly withholding funds. The dispute began last year when federal officials rejected the reading exams Virginia has given to many students who are English language learners (ELL) because the tests don’t cover the same grade-level material as those given to students fluent in English. Virginia educators say ELL students who have not mastered the English are likely to fail a traditional test and that it is unfair to administer it. Last week the Fairfax County School Board voted to refuse to give the reading test to many immigrant children. Harrisonburg’s board passed a similar measure, and Arlington County school officials are considering such a step.
ED officials now have denied the state’s request to use the old test for another year. They have said Virginia educators had been aware of federal requirements for years and had ample time to design a new test. State officials disputed that, saying that they learned last spring that the assessment Virginia had used might be rejected. Despite Mr. Simon’s warning letter, Fairfax Superintendent Jack D. Dale stands by the school board's decision. "Fairfax is doing the right thing for kids," he says. "We're holding all kids accountable to learn English and do it as quickly as possible." In his letter, Mr. Simon asked Virginia State Superintendent Billy K. Cannaday Jr. to ensure that local school districts comply. "No Child Left Behind says all children will be able to read and do math at grade level," he says. "The whole point of No Child Left Behind is to find out what they know and don't know and target resources.... We want the law to be followed." Mr. Cannaday says he is profoundly disappointed in the federal response. "Our superintendents have sworn to uphold the law, but they also have a moral and ethical contract with the community, and I think they are trying to balance the two," he says. "I think our superintendents are expressing frustration about how do they make sense out of something that doesn't appear to be reasonable." According to state officials, approximately 10,200 Virginia students, including 4,000 in Fairfax, are affected by the change.
Washington Post
By Maria Glod
[Full story]
[Editor’s Note: Mr. Simon actually sent two letters, one denying the state’s request to amend its accountability plan on testing of ELL students, the other the warning described above. Both are below. Also at the second link is a letter from Secretary Margaret Spellings to U.S. Senator John Warner (R-VA) detailing ED’s position in the matter. Background on the dispute is available at the third link.]
[ED letter denying Virginia’s request on testing]
[Simon warning to Virginia & Spellings response to Sen. Warner]
[NSBA School Law pages on Virginia ELL rebellion]