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Ding! Round 2 goes to the children!

Federal appeals court backs NEA challenge to NCLB

The battle to change the so-called "No Child Left Behind Act" took a dramatic turn Jan. 7 when a U.S. Court of Appeals panel sided with side in a crucial lawsuit against with the federal Department of Education.

"The court's message couldn't be more clear: If the president is sincere about continuing No Child Left Behind, he needs to put his money where his mouth is," said NEA President Reg Weaver.

NEA, along with several state associations and school districts, went to court back in 2005, contending that the feds could not make states and districts spend their own money, beyond available federal funds, to carry out the law's draconian mandates. NEA lawyers pointed to a specific passage in the law to that effect.

But the Bush Administration insisted Washington was under no obligation to pay. A federal judge agreed and dismissed the suit. NEA appealed, and on Jan. 7, the 6th Circuit Court of Appeals reversed the earlier ruling, stating that the Secretary of Education was violating the spending clause of the Constitution. The court said if Congress really wants to make states and districts pay NCLB costs, Congress must change the law to say so.

The ruling, according to NEA general counsel Bob Chanin, puts states and districts in a strong position to carry out NCLB directives only as far as available federal funds cover. NCLB funds have fallen $70 billion short of what was originally promised.

The ruling adds fuel to efforts by NEA and many others to overhaul the law. NEA maintains that a massive increase in federal funding is a badly needed investment in the nation's future -- but the money should go for smaller classes and other proven ways to improve children's education, not mandated high-stakes testing, which, according to national scores, is not helping. 

-- Alain Jehlen
January 2008

'No Child Left Behind' in the News

Read what parents, educators, elected leaders, and other concerned citizens have to say about the impact of NCLB on school budgets, culture, and learning.

This collection of news and opinions from around the country is updated frequently, so check back regularly.

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Court Revives Lawsuit Against No Child Left Behind Law

A federal appeals court on Monday revived a legal challenge to the federal No Child Left Behind education law, saying that school districts have been justified in complaining that the law required them to pay for testing and other programs without providing sufficient federal money.

...Reg Weaver, president of the National Education Association, said the ruling "indicates that if the federal government hands down programs, it's their responsibility to pay for them, so that's a victory for the students of America."

The New York Times article by Sam Dillon
Jan. 8, 2008

Court Revives No Child Left Behind Suit

LANSING, Mich. (AP) -- A federal appeals court on Monday [Jan.7, 2008] revived a challenge to the funding of the No Child Left Behind education law.

School districts in three states and the nation's largest teachers' union sued the government, arguing that schools should not have to comply with requirements that aren't funded by the federal government and that the government is imposing unfunded mandates, even though the act itself prohibits unfunded mandates.

Associated Press article by Tim Martin
Jan. 7, 2008

Empower teachers, principals

This all-stick-no-carrot approach perpetuates a top-down system where power is held by people who have no accountability for the work to be done. The accountability rests on people who have the least control over the situation.

This is crazy.

So, is NCLB a bad law? Yes and no.

The law has a good heart. But that's about all.

Detroit Free Press Op-Ed by Barry McGhan
Jan. 3, 2008

Fewer R.I. high schools met requirements in 2007

PROVIDENCE [RI] -- Fewer Ocean State high schools met the annual requirements of the federal No Child Left Behind Act in 2007 than in 2006, the R.I. Department of Education reported today.

..."Because of the inflexibility of the No Child Left Behind Act, many schools in Rhode Island and throughout the nation are being identified for improvement when they have missed only one target," [state commissioner of elementary and secondary education Peter] McWalters said.

Providence Business News article
Jan. 3, 2008

Inaction on No Child Left Behind dismays schools

Educators optimistic that changes would be made to the federal No Child Left Behind law easing some of its strict requirements are leaving hope behind.

Congress hasn't made a move to reauthorize or change the law, which expires this month. As attention turns to the presidential election in November, serious changes to the law may have to wait until after the winner takes office in 2009.

Tennessean.com article by Jaime Sarrio
Jan. 1, 2008

States can design own NCLB plans

Utah school leaders have long complained No Child Left Behind focuses only on whether students achieve a certain test score instead of giving credit for the progress kids are making.

Now, the U.S. Department of Education is saying all states can apply to create a system -- officials are calling it a "growth model" -- that takes into account students' academic progress from one year to the next.

Deseret Morning News article by Jennifer Toomer-Cook
Dec. 19, 2007

Test whether pupils can use lessons

...The single most destructive feature of NCLB is its fixation on testing as the fundamental aspect of accountability. Complicating it all is the fact that these unsophisticated tests don't even measure what students have truly learned. That is why teachers, through their unions, have a responsibility to oppose the bogus accountability and bogus tests. Yet opposing the status quo is not enough; we must also propose an alternative. We can do so by reframing the questions that we ask.

Rochester Democrat & Chronicle commentary by Adam Urbanski, president, Rochester Teachers Association
Dec. 19, 2007

Music education is a necessity, not a luxury

At this time of year, many of us gather to hear the sweet voices of children raised in holiday song. And yet, some of these voices are in danger of being stilled, at least in our public elementary schools. More and more public elementary schools statewide are giving up their music programs in answer to the pressures put upon them by No Child Left Behind. Music is not a tested subject, so it is not considered to be a priority.

Honolulu Star-Bulletin commentary by Jenifer Tsuji
Dec. 19, 2007

Educators denounce No Child Left Behind

After nearly six years adhering to the law's guidelines and sanctions, the Milpitas Unified School District passed a resolution opposing the re-authorization of the No Child Left Behind Act proposed by Rep. George Miller and House Speaker Nancy Pelosi.

The resolution was passed by a unanimous vote at a Nov. 27 school board meeting. Proposed by Superintendent Karl Black, the resolution states "that (NCLB) is not working, and it is hurting our students, teachers and schools" and the re-authorization of NCLB, currently delayed in Congress, "does nothing to improve this current law," according to the resolution.

Milpitas Post article by Jeff Gire
Dec. 19, 2007

Documentary Explores NCLB's Impact on Curriculum

In "Democracy Left Behind,"  award-winning documentary filmmaker Bob Gliner examines the impact of NCLB on the ability of schools to serve a civic mission -- demonstrating how difficult it is now for many students to understand what their education means in the larger context of the society and world they inhabit.

Joel Packer, NEA Director of Education Policy and Practice and a widely recognized expert on the No Child Left Behind law, is among those interviewed for the production.

He said, "Anyone concerned about the future of our democratic society and our public schools should watch 'Democracy left Behind.' It exposes the devastating impact the No Child Left Behind law has had by narrowing the curriculum for our children."

NEA is urging members to ask their local PBS station to air the program, which already has been broadcast by several PBS stations. In making the request you will need to provide your local station with this information: Democracy Left Behind 1/60, NETA Feed: Tuesday, October 23, 2007 @1400-1500/ET/513 NOLA#DCLB 000K1)

Copies of the film on DVD also can be purchased through the "Democracy Left Behind" Web site, which also includes a number of reviews.

News and Developments

Documentary Exposes NCLB's Impact on Curriculum

NEA is urging members to ask their local PBS television stations to broadcast a documentary that explains the "devastating impact" the No Child Left Behind law has had on providing children with a well-rounded education. More >  December 3007

Sen. Clinton Joins 'School House to White House'

Senator Hillary Clinton visited students and school staff at the Dr. Walter Cunningham School for Excellence in Waterloo, IA, November 19 as part of "School House to the White House" initiative. More > November 2007

Critical Education Programs in Jeopardy

The House fell just two votes short of overriding President Bush's veto of an education spending bill Thursday, leaving some of the neediest students without essential programs necessary for them to succeed in school. The spending bill would have provided increases for Title I, special education, Head Start, after-school programs, Pell Grants, and other programs. More > November 2007

Sen. Clinton Joins 'School House to the White House'

Senator Hillary Clinton visited students and school staff at the Dr. Walter Cunningham School for Excellence in Waterloo, IA, on November 19 as part of  "School House to the White House" initiative, designed to help presidential candidates understand the realities of teaching and learning in America's public schools. More >   November 2007

NEA Leader Urges President to 'Work with Congress'

NEA Executive Committee member Marsha Smith said at a Capitol Hill news conference that President Bush's threatened veto of an education funding bill under consideration by the Senate "undermines the public's support for investing in our children and America's future." October 2007

Most Voters Disagree with NCLB Focus on Reading, Math Test Scores

Most Voters Disagree with NCLB Focus on Reading, Math Test Scores
A new national poll suggests NCLB's prodding of education to focus narrowly on standardized reading and math scores is out of synch with the thinking of the vast majority of American voters. More >  October 2007

NEA Kicks Off 'School House to White House' Program

"School House to White House" initiative got underway in October with a visit by former Sen. John Edwards, a candidate for the Democratic presidential nomination, to Winnacunnet High School in Hampton, New Hampshire. New Mexico Gov. Bill Richardson then paid a visit  to a Manchester, NH, elementary school.  October 2007

Urge Your Senators to Cosponsor NCLB Bills

Two critical bills have been introduced in the Senate that would make significant, meaningful changes to measuring student performance and school success – including ending the over-reliance on standardized testing. Urge your Senators to sign on as co-sponsors of the Improving Student Testing Act of 2007 and the No Child Left Behind Reform Act. Find out more. October 2007

NEA Urges Congress: Slow Down, Get Reauthorization Right

As Congress considers the House Education Committee's drafts of proposed changes for a reauthorized version of the No Child Left Behind Act, NEA is warning legislators that the "train is on the wrong track" and that they need to slow down and get it right. Read responses to the drafts. September 2007

NEA Responds to Draft of Changes
to NCLB/ESEA Titles II-XI

NEA has filed a letter responding to the U.S. House Education Committee's reauthorization draft of Titles II-XI of NCLB/ESEA, expressing opposition to proposed provisions regarding "performance pay" and removal of the High Objective Uniform State Standard of Evaluation and commenting on a number of other proposed changes. Read the letter. September 2007

Wisconsin Lawmakers Follow Congress in Discussing Future of NCLB

At a Wisconsin Senate Education Committee hearing September 13 on the impact of NCLB, national and local experts called the congressional draft reauthorization bill "too prescriptive." Witness Becky Pringle, chair of ESEA Advisory Committee, said NCLB reauthorization must be a collaborative effort between the federal government and local lawmakers, educators, and parents. Read more. September 2007

NEA Urges House Committee to Reject
Draft Language for NCLB Reauthorization

NEA President Reg Weaver, testifying before the House Education and Labor Committee September 10, urged committee members not to miss an opportunity to make a meaningful and major course correction in reauthorizing NCLB.   Read more. September 2007

NEA Offers Praise and Concerns in Response to Title I Draft

NEA had some praise for -- and a number of reservations about -- the reauthorization draft of Title I of the No Child Left Behind Act (ESEA) that was released for comment by the U.S. House Committee on Education and Labor. Read more.  September 2007

2008 Presidential Candidates on Education

Education consistently tops voters' domestic priorities and is an important part of the 2008 Presidential candidates' platforms. Find out what the six candidates who spoke at Annual Meeting had to say about No Child Left Behind and other education issues. Read More. September 2007

Support Grows for 'Multiple Measures' in NCLB

The need for a better measure of student achievement than a standardized test score, as now required by the No Child Left Behind act, gets its latest boost from 117 influential educators, scholars, researchers, and reformers. Read More.  August 2007

Democratic Candidates Reject Merit Pay for Teachers

During Sunday's Democratic debate in Iowa, candidates running for President rejected any mandatory pay-for-performance schemes as part of NCLB reauthorization, as well as any plan to tie teacher pay to student test scores. The candidates also called for universal preschool and an overhaul of NCLB. Read more.  August 2007

Groups Call for Better Ways to Measure Student Progress

Nearly two dozen major civil rights and disability advocacy groups are calling on Congress to include "multiple forms of assessment" and "multiple measures or indicators of student progress" in the No Child Left Behind Act, which is currently being considered for reauthorization. August 2007

Key Lawmaker Calls for 'Serious Changes' to NCLB

Rep. George Miller (D-CA), chairman of the House Education Committee, said that "there are no votes in the U.S. House of Representatives for continuing the No Child Left Behind Act without making serious changes to it." In remarks at the National Press Club, Miller for the first time laid out major changes he says should be included in a reauthorized version of the No Child Left Behind Act. Most of the changes are consistent with priorities for changing the federal education law.  July 2007

Student Achievement Gains Have Slowed Since NCLB

New research shows that states were making more progress in raising student test scores in the 1990s than they have since enactment of the federal No Child Left Behind Act in 2002. July 2007

Study Finds NCLB Pressures Schools to Narrow Curriculum

A study released by the Center on Education Policy finds what teachers have known and have been warning about for several years now: the federal No Child Left Behind Act's testing requirements are narrowing the curriculum being taught in the nation's public schools.  July 2007

Voters Force National Spotlight on Education During Debate

No Child Left Behind finally got a full airing on commercial television as Democratic candidates for president squared off in Charleston, South Carolina. NEA President Reg Weaver said fielding questions from real voters made all the difference in focusing the debate on critical issues such as America's public schools. View videotaped questions by NEA members.  July 2007

NEA Pleased Presidential Debates Finally Focus on Public Education

The critical issues facing America's public schools finally made an appearance in a national debate between Democratic presidential candidates in Washington, D.C., on Thursday night (June 28, 2007). Over half of the debate, moderated by Tavis Smiley and broadcast nationally by PBS, was given over to education issues.  June 2007

House Poised to Direct More Funding to Education Programs

The U.S. House of Representatives is expected to give significantly more funding to schools with higher proportions of low-income children, and to direct more resources to students with special needs and those requiring financial assistance for higher education. With nearly $2 billion slated for NCLB, NEA President Reg Weaver called it a "good start"  toward providing quality education for all students. June 2007

Study Finds Test Scores Up Since NCLB, But Cause Is Unclear

A study by the Center on Education Policy shows there have been improvements in math and reading testing results since passage of the No Child Left Behind Act, but also says the cause of the gains is not entirely clear. June 2007

NEA Members Promote Education at Presidential Debates

NEA members were on hand to promote public education  as a national priority as the Democratic and Republican presidential contenders debated the issues in New Hampshire. The Democrats debated on Sunday, June 3, and Republicans the following Tuesday. June 2007

Republican Presidential Debate Fails to Focus on NCLB

Tuesday marked the third time a nationally televised debate involving Republican presidential candidates ended without any substantive discussion regarding America's public schools and NCLB. June 2007

Federal Preschool Reading Program Gets Mixed Results

The Early Reading First Program created by the No Child Left Behind Act for preschool children has achieved mixed results, according to a federal study of the program. June 2007

Most Americans Favor Changing or Abolishing NCLB

Nearly two-thirds of American adults want Congress to re-write or outright abolish the federal No Child Left Behind Act that up for reauthorization by Congress, according to a survey by the Scripps Howard News Service and Ohio University. June 2007

Six National Education Groups Call for Changes to Education Law

NEA and five of the nation's top education groups, representing school board members, superintendents, principals, teachers, and other school staff, have agreed to join together to push Congress for significant changes to NCLB. Find out more and read the joint statement. May 2007

Two More States Get Nod to Use 'Growth Models' for AYP

Iowa and Ohio will join a handful of other states allowed to use "growth models" to measure student academic achievement for Adequate Yearly Progress purposes under NCLB, according to an announcement by the Department of Education. May 2007

Key Part of NCLB Lacks Research Support

There isn't enough research to know whether or not third-party tutoring and other "Supplemental Education Services" required by the No Child Left Behind (NCLB) act do any good. Find out more. May 2007

Teachers of the Year Call for Changes to NCLB

One day after meeting with President Bush at the White House to celebrate their selections as state Teachers of the Year, 50 of the winners called for significant changes to NCLB. Watch the video (Windows Media Player) and find out more. May 2007

Rules for Students with Disabilities Fall Short

Final regulations from the Department of Education for testing students with disabilities do allow for alternatives supported by NEA. However, the new rules still don't give states and schools enough flexibility to truly meet these students' needs, says NEA. Go here for the details.  April 2007

Celebrating an Alternative to All Those Tests

May will be "National Exhibitions Month," a time to focus on what many educators consider to be a far better way to measure what students know and can do than using standardized tests. Find out more.  April 2007

Michigan Teacher Shares Views
on NCLB at Congressional Hearing

"If the NCLB accountability system were applied to other professions, eventually lawyers would have to win every case and doctors would have to cure every patient," says Flint, Mich. teacher Steve Burroughs, who testified this week at a congressional hearing on the No Child Left Behind Act. Find out more. April 2007

NEA Sets Top Priorities
for NCLB/ESEA Reauthorization

Top Legislative Priorities for ESEA sets out seven top tier priority issues we will focus our efforts on as Congress considers reauthorization of No Child Left Behind/ESEA Act. It also spells out five issues - all non-starters -- that would cause NEA to oppose the reauthorization if any one of them were included in the bill. The legislative priorities are concisely summarized in three main messages NEA will take to Congress. March 2007

NEA President Testifies Before
NCLB Joint Congressional Hearing

Reg Weaver on behalf of 3.2 million educators spoke March 13 to House and Senate education committees about a positive agenda of reforms to No Child Left Behind. His recommendations for improving the law included strategies for closing achievement gaps and retaining qualified educators. March 2007

"News" Archive

New Research: No 'Best Way' to Teach Reading

While the "reading wars" over the best way to teach reading have stubbornly raged for decades, recent research suggests there may not even be a "best way."

Research by a Florida State University researcher published in the Jan. 26, 2007 issue of the prestigious journal Science supports official position on the issue which sharply divides proponents of the phonics and supporters of the "whole language and meaning" approach and other teaching methods.

Carol M. Connor is an assistant professor in the FSU College of Education and a researcher with the Florida Center for Reading Research. Along with colleagues from FSU and the University of Michigan, she wrote "Algorithm-Guided Individualized Reading Instruction," (PDF, 184KB, 2 pages ) published in Science's Jan. 26, 2007 issue.

The Science Daily Web site reports  that Connor's paper shows that lots of individualized instruction, combined with the use of diagnostic tools that help teachers match each child with the amounts and types of reading instruction that are most effective for him or her, is vastly preferable to the standard "one size fits all" approach to reading education that is prevalent in many American elementary schools.

"There is too much of a tendency in education to go with what 'sounds' really good," Connor said of various educational trends that come into and fall out of fashion. She told Science Daily, "What we haven't done very well is conduct comprehensive field trials and perform the rigorous research that are the norm in other fields of science. With this study, we sought to do just that -- to take a systematic approach to what works, what doesn't, and why" when teaching students to read."

The researchers' report itself explains:

"Much of the controversy regarding the best way to teach children how to read has focused on whether instruction should be code-based, such as phonics, or based on whole language and meaning, but this debate may miss the point. Although most children develop stronger reading skills when they receive a balance of explicit decoding instruction in combination with meaningful reading activities, even a balanced approach theory assumes that one approach, if it is the right one, will be equally effective for all children. Instead, the efficacy of any particular instructional practice may depend on the skill level of the student. Instructional strategies that help one student may be ineffective when applied to another student with different skills."

Connor said, "Instead of viewing the class as an organism, we're trying to get teachers to view the students as individuals."

Connor thinks technology can make that easier for classroom teachers to accomplish. She, Frederick J. Morrison and Barry Fishman, professors at the University of Michigan, have developed "Assessment to Instruction," or A2i, a Web-based software program. A2i uses students' vocabulary and reading scores and their desired reading outcome (i.e. their grade level by the end of first grade) to create algorithms that compute the recommended amounts and types of reading instruction for each child in the classroom. The software then groups students based on learning goals and allows teachers to regularly monitor their progress and make changes to individual curricula as needed.

A2i currently is being tested by about 60 elementary-school teachers in one Florida county. However, "right now A2i is just a research tool," Connor said. "Hopefully we'll be able to make it available more widely as time goes on."

In addition to Connor, Morrison and Fishman, other co-authors of the Science paper were Associate Professor Christopher Schatschneider of FSU's department of psychology and Phyllis Underwood, a doctoral student in the FSU College of Education.