7/13/04 -- With elections coming up in November and a large number of unfinished bills on the table, Congress isn't expected to make changes to the No Child Left Behind Act (NCLB) any time soon, but next year, you can expect more interest in Congress to revise the two-and-a-half-year-old law.
Of course, a variety of bills have already been introduced but none have been taken seriously. All that can change next year, as a growing number of schools are likely to face sanctions under NCLB.
"There is likely to be a huge outcry for change next year, if there's a doubling in the number of schools on state's lists [of schools failing to make adequate yearly progress (AYP)]," says an aide to a Democratic senator. "That will create a motivation to do something."
"Even some Republican senators are expressing an interest," the aide says, particularly those who are hearing a lot of concerns from rural schools.
"After the election, we should at least consider making some changes," Rep. Michael Castle (R-Del.) told School Board News, although he notes that the U.S. Education Department has already eased some requirements through regulations and has allowed states some added flexibility.
One area that needs to be addressed, Castle says, is to recognize schools that are making progress in raising student achievement. "If a school isn't making AYP, but is making improvements, there should be some way to factor that in."
He also says there needs to be some way to distinguish among the vast differences in schools that need improvement because they are failing to make AYP in one area and those that are deficient in multiple areas. According to Castle, the news media is misinterpreting the law, so that "anytime a school is under review, it is deemed to be a failing school. That is unfair."
Castle says he is a "strong believer in raising standards" and that he would not make changes lightly," but adds, "I'm open to suggestions."
Sen. Edward M. Kennedy (D-Mass.), the ranking Democrat on the Health, Education, Labor, and Pensions Committee, is working on a major bill to overhaul NCLB in the next session.
Kennedy "has concerns about the way the Administration is implementing NCLB, above and beyond the lack of funding," an aide says. However, Kennedy, one of the original sponsors of NCLB, "is not walking away from the bill."
Meanwhile, Kennedy and Rep. George Miller (D-Calif.), also an original sponsor of NCLB, introduced legislation June 17 to allow schools to apply new rules on AYP issued by the U.S. Education Department retroactively to tests students took last year.
According to a statement by Miller, the No Child Left Behind Fairness Act of 2004 (H.R.4605) "would bring relief to potentially thousands of schools that may get an unfair grade by the department because of its refusal to apply its own new rules retroactively."
Those rules revised the ways schools must count the test scores of students with disabilities and English language learners and give schools more leeway in meeting the 95 percent test participation rate in calculating AYP.
"We have been outspoken in our criticism of the Administration for failing to adequately fund and properly implement the law," says a statement by Miller and Kennedy. "But make no mistake -- we stand firmly in favor of [NCLB]. We simply believe that the department must apply its rules fairly, which it is refusing to do."
Rep. John Boehner (R-Ohio) raised concerns that the Miller-Kennedy bill would take away services from disadvantaged students, such as school choice and supplemental services, and would deny extra funding and technical assistance to schools needing improvement.
Miller released a clarification calling that statement erroneous, saying his bill "specifically preserves public school choice and supplemental service opportunities for children who are receiving them."
Sen. Christopher J. Dodd (D-Conn.), Rep. Rose DeLauro (D-Conn.), and Rep. Robert R. Simmons (R-Conn.) introduced legislation this spring to give states more flexibility in measuring student achievement under NCLB.
The No Child Left Behind Reform Act (S.2345) would allow schools to be given credit for performing well on measures other than test scores. And it would allow states to target school choice and supplemental services to students in the specific subgroups that do not meet AYP.
It also would allow states to create a broad-based certificate for social studies, science, and middle school teachers. This would make it easier for teachers who teach multiple subjects to meet the "highly qualified teacher" requirements of NCLB.
NSBA "fully supports the broader goals of NCLB to ensure that every student achieves the academic proficiency standards established by states," says Reggie Felton, director of federal programs. "However, several regulatory and legislative changes need to be made to give school districts more flexibility and to address various operational barriers and unintended consequences."
Felton also notes that when a district's schools are identified as needing improvement, "the result is often negative perceptions about our public schools that lead to reduced public confidence and funding."
The Education Department has addressed some school leaders' concerns on how AYP is calculated. But in a speech to teachers in Portland, Ore., Education Secretary Rod Paige said, "We need to stay the course and not water down the law."