Resistance to NCLB testing grows in Virginia
Resistance to the No Child Left Behind Act’s (NCLB) requirement that all students take the same reading tests, even those struggling to learn English, is growing in Virginia school districts with large immigrant populations. Recently the U.S. Department of Education (ED) threatened Virginia with sanctions, including withholding federal funds, if it failed to enforce the NCLB testing requirements. The Virginia Department of Education had sought an exemption for another year, contending that giving a test written in English to students who are recent immigrants is unfair. However, ED denied the state's request on the ground Virginia has known about NCLB’s guidelines for some time and has had time to prod schools into compliance. School boards in Harrisonburg, Fairfax, Loudoun, and Arlington counties have recently signaled their intent to defy the NCLB. Other school districts are considering following suit. Those boards have passed resolutions saying they will continue to evaluate all students' reading proficiency, but will only administer the state's grade-level Standards of Learning tests to students who have an adequate grasp of English, as determined by teachers and staff. Several school districts intend to continue using an alternate test to measure the progress of non-native English speakers. ED Secretary Margaret Spellings has accused Virginia of "foot dragging," and insists the testing provision, the law's Standards Clause, is a necessary measure to counter "the soft bigotry of low expectations." She says, "It's time to remember that yes, Virginia, there is a Standards Clause." Secretary Spellings’ comments have provoked ire of local school boards. "We're all so angry," says Arlington County School Board chairwoman Libby Garvey. She contends the required test is a "painful and humiliating experience" for children who haven't grasped English. Reggie Felton, lobbyist for the National School Boards Association (NSBA), predicts similar disagreements will arise in other states that have many students who are not proficient in English. NSBA has asked that ED grant each state flexibility "for real-life situations to ensure that the test is valid and reliable for each student." In Arizona, where there are many Latino immigrants, school officials also are grappling with testing language learners. "We believe that English language-learner students come to school with different levels of competency," says Panfilo Contreras, executive director of the Arizona School Boards Association. "They may not be proficient in their own language, let alone English."
ED has informed Fairfax County that it will withhold more than $17 million from Fairfax County schools if the system continues to defy a federal mandate to give reading tests to thousands of immigrant children. Other Virginia school systems would also be in jeopardy if they refuse to comply with NCLB and the state could lose $2 million in administrative funds. While Fairfax County will continue to stand by its resolution, Allen C. Griffith, vice chairman of the Fairfax City School Board, points out the threat of sanctions means that school systems will have to make difficult decisions. ED has "got the hammer, and they've got the big stick," says Mr. Griffith. "I suppose they can force these districts to bend to their will. . . . But how have the children gained anything?" Chad Colby, an ED spokesman, insists that under NCLB school districts must show that all students, including children learning English, are making academic progress. He said the federal government needs to know that the funds it distributes are being used wisely. "If you don't assess students, you don't know which students need the most help and how to direct those resources," Mr. Colby says. "Prior to No Child Left Behind, we spent . . . and there was no accountability." The Virginia dispute mirrors a wider national debate over how to ensure ELL students are making progress. At the time ED rejected Virginia's test, it also found problems with the way 17 other states test ELL students. During a recent meeting with Virginia Superintendent of Public Instruction Billy K. Cannaday Jr., ED officials indicated that there probably will be a third alternative for Virginia schools. Federal officials said they expect to approve a state request to use a portfolio of a student's work over time instead of a test. However Fairfax County School Board member Stuart D. Gibson contends there is insufficient time to train teachers on the portfolio assessment method and to collect assignments that show a student has mastered the material before the spring testing season. Loudoun County Public Schools Superintendent Edgar B. Hatrick III has also signaled his support of his colleagues in Fairfax and Arlington counties. He characterizes the NCLB requirement that ELL students take grade level tests in English as "wrong-headed." "It's a frustration to me because it's so obvious. I don't understand why policymakers don't understand," he says. "I think it's ethically and professionally wrong to give a child a test for which they can't be prepared and aren't prepared." Superintendent Hatrick and his staff have proposed a resolution similar to what Fairfax and Arlington have adopted. Officials estimate that as much as $2 million in federal aid could be at risk if the county defies the federal government. Loudoun School Board Vice Chairman Tom Reed (At Large) supports the staff recommendation. "I think the decision about who should take which tests should be at the classroom level, not imposed from Washington," he says. The Loudoun board has not yet scheduled a vote. Meanwhile, neither Alexandria nor Prince William County have indicated that they plan to join their counterparts.
Washington Post
By Michael Alison Chandler
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Washington Post
By Maria Glod
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Raleigh News & Observer
By Zinie Chen Sampson
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[Editor’s Note: For background, see below.]
[NSBA School Law pages on Virginia ELL rebellion]