The State of Virginia wants to withdraw from the No Child Left Behind Act and is willing to sue the U.S. Department of Education if the state loses funding as a result.
State legislators passed a bill on Monday that indicates the state would pursue legal action to protect its funding even though over $300 million is directly tied to implementing provisions in the Act. The state plans to seek a waiver for the requirements of the Act for two primary reasons. One, because Virginia already has in place a demanding assessment system of its public education. And two, because the federal government has not adequately funded states' efforts to meet the complex accountability measures mandated by the law.
No Child Left Behind was conceived by President Bush early in his presidency, and passed by Congress in January 2002. Its aim was to raise academic achievement in public schools nationwide, emphasizing measurable progress in student achievement through assessment testing. No Child Left Behind seeks to have all students in the nation proficient in math, reading and science by 2014 but the measure of proficiency is determined by each state individually.
To achieve that end, the Act enables a number of fairly radical measures. In public schools that fail to meet state requirements for progress two years in a row, students and parents can opt to have the student attend another public school. The Act also explicitly authorizes students who feel their lives are in danger at school, or have been victims of crimes at their school, be allowed to attend another school.
The No Child Left Behind Act is up for reauthorization this year, and Virginia isn’t the only state hoping to avoid a battle over it. Reauthorization is not a done deal because of some notable differences in the new version proposed this week by Secretary of Education Margaret Spellings that has Congress uncertain. The new version revives private-school voucher plans, so a student who is otherwise eligible to attend another public school would additionally have the option of attending a private school on a voucher.
The proposal also sanctions drastic administrative action by principals of failing schools. If a school fails to show measurable academic progress over several years, principals would be able to hire and fire teachers, even if it violates union contracts. Principals could also reorganize their public school to a charter school or arbitrarily cap enrollment numbers in order to achieve the ends stipulated by No Child Left Behind.
Across the board, states and school districts are concerned about funding the mandates of No Child Left Behind. Despite President Bush’s State of the Union promise to “increase funds for children who struggle?it is unlikely that No Child Left Behind will be funded to the extent that it adequately provides for its own system of accountability. Members of Bush’s administration have suggested that funding may increase by $1 or $2 billion at most. But conservative estimates counter that funding would probably need to increase by $40 billion to make a practical difference. Part of the funding issue is the stipulation that a student who is permitted to choose another school, either because the school is not meeting state progress guidelines, or falls into the category of a dangerous school, the cost of transferring that student is put on the school district. The failing public school would need to cover the cost of the private-school voucher if the student chooses that route, with only secondary assistance from federal grants.
All of which puts the Act on jeopardy of being reauthorized. But up until the Act is formally supported or opposed by Congress, Virginia legislature must continue to act as if No Child Left Behind is the gold standard. Virginia’s application for waiver comes with an implicit threat, either the federal government let Virginia off the hook or Virginia will simply withdraw from the program. But the state Board of Education estimated that it stands to lose $317 million dollars in federal funding if the U.S. Department of Education calls Virginia’s bluff. The withholding of federal funding to protect No Child Left Behind isn’t without precedent. The U.S. Department of Education already issued a threat to the state of Utah in 2005 after its governor signed a law that directs school districts to ignore some components of the Act that conflict with established state programs.
Virginia’s actions, assuming No Child Left Behind is reauthorized, will be watched carefully by other states. While no state legislator, board of education, or school administrator would argue with the principles put forward by No Child Left Behind, it remains to be seen if states and school districts will be able to pick and choose which parts of the law they elect to implement.