NCLB UPDATE

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 NEA's 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

You Did It!

Our parent organization, CTA, has just shared information with us regarding the proposed reauthorization of ESEA/NCLB. From this communiqu�, it is obvious that the Democratic Leadership is feeling the heat from teachers nationwide:

1) There is currently no date set for consideration of the mark-up bill by the House. Given the fact that earlier we had anticipated a mid-October date for consideration, this can be viewed as a victory. Everyday the mark-up does not come to the floor can be viewed as good news.

2) Rep. Miller has removed his draft of NCLB from the web and it appears to no longer be available in cyberspace. Another good sign that we are having a definite impact.

3) Even though things appear to be moving in the right direction, we cannot let up on the pressure. Resolutions from labor, school boards, PTAs, or any other groups are greatly appreciated!

4) NEA has pressured Harry Reid to not allow any �fast-tracking� of any Senate version of NCLB, but rather try to delay it being brought forward once a new, and hopefully, a more pro-public education president has been elected. In response, the US Senate has now tabled discussion until next year and the House of Representatives is moving toward delaying dialogue until the New Year as well.

Our next effort will focus more of our energies and efforts on our local congressional representatives and less on Miller-Pelosi. They have received a clear message from us. That doesn�t mean we will quit contacting Miller and Pelosi�s offices, but we will direct more of our attention to the local representatives.

It would appear that nationwide more and more members of the House are backing away from the Miller position and supporting our position, which eventually helps us achieve the desired changes. Congratulations to the TVEA Site Leaders who gathered over 1000 petitions at their schools. These have been signed and sent to both George Miller and Speaker Pelosi, and have been a part of the national ESEA/NCLB reform effort.

Teachers Applaud Congress for Taking More Time To Reauthorize Flawed No Child Left Behind Act

CTA Campaign Made a Difference in National Debate Over Law

November 09, 2007

BURLINGAME � California�s educators are applauding Congress for postponing until next year the reauthorization of President Bush�s flawed No Child Left Behind Act. CTA members spent recent months in a statewide campaign to warn that fast-tracking a draft NCLB proposal would hurt students, teachers and schools.

�The voices of California�s teachers are finally being heard in Congress,� said David A. Sanchez, president of the 340,000-member California Teachers Association. �We welcome the chance to work with Congress in the coming months to erase, rewrite and reauthorize this law. The law is supposed to be helping our public schools of greatest need, but instead its one-size-fits-all approach to learning is hurting our students. It forces teachers to teach to the test rather than provide students with a well-rounded education.�

California's teachers remain vigilant in their effort to secure a reauthorization of No Child Left Behind that improves teaching and learning and is adequately funded. This week, U.S. Rep. George Miller, chair of the House Education and Labor Committee, criticized the president's threatened veto of a bill that would provide adequate funding for the chronically underfunded 2001 law. Current funding is $56 billion less than what NCLB requires. The veto threat makes it unlikely that the House will take up reauthorization this year. The U.S. Senate has already indicated it will not.

The past two months CTA members made more than 15,000 phone calls to members of Congress, wrote post cards, e-mailed legislators and participated in local rallies asking Congress to oppose a draft House NCLB reauthorization proposal that would have placed even greater emphasis on test scores. The campaign also included Internet ads and radio spots.

Teachers and parents want a federal education law that measures students and schools on more than standardized test scores and uses reforms that have been proven to work, such as restoring the federal class size reduction program. The law should be adequately funded and provide resources for quality teacher training, mentors for new teachers, and programs that improve parental and family involvement in our schools.

CTA�s NCLB campaign is archived at www.cta.org. One compelling section, �NCLB Stories from the Front Lines,� features written testimony from teachers across the state telling how the law is hurting our students.

CTA SPEAKS OUT!

View video of CTA President David A. Sanchez and other CTA leaders urging Congress to say NO to Pelosi/Miller NCLB proposal

What�s Wrong With the No Child Left Behind Act?

September 10, 2007

� The No Child Left Behind Act is hurting our students, teachers and schools. Its failed one-size-fits-all approach to education ignores the individual needs of our students. Parents and teachers know all children do not learn in the same way or at the same pace.

� NCLB grades student and school success based on a snapshot of mandated, standardized tests given on a single day. The focus on testing forces teachers to teach to the test and has decimated programs like art, music, social studies and physical education.

� NCLB sets up schools to fail. This year NCLB labeled one out of every four California public schools as failing. Instead of punishing schools, we need a system that provides assistance and resources to help all students and schools succeed.

� NCLB has not improved student learning. According to the Harvard Civil Rights Project NCLB did not have a significant impact on improving reading and math achievement scores and it has not helped narrow achievement gaps. The research shows the law has actually shortchanged schools that serve predominantly disadvantaged, minority students with an over reliance on sanctions rather than assistance.

� The President and Congress have broken their promise to fully fund the law, making NCLB a federally mandated burden on local school districts. The shortfall in promised federal funding now exceeds $56 billion.

ESEA / NCLB Background

The Elementary and Secondary Education Act (ESEA), renamed the "No Child Left Behind" (NCLB) Act of 2001 by the Bush Administration, will come up for renewal in September 2007. That means the U.S. Congress is now holding hearings to consider changes to the law. Final action may not happen until 2008 or even later, but CTA, NEA, and teachers are mobilizing now for a major role in passing legislation that better meets the needs of students and teachers.

ESEA/NCLB established praise-worthy goals � high standards and accountability for the learning of all children, regardless of their background or ability. It also requires all teachers in core subjects to be "highly qualified" by the end of the current school year.

As well as being seriously flawed, the ESEA/NCLB Act has been consistently under-funded. Funding for this Act in California fell more than $2.2 billion short of originally promised levels this year alone, and educators say the results are seen in the ability of schools to meet federal mandates for student achievement. Of California's 9,188 public schools, 4,055 (44%) failed to make annual yearly progress (AYP) under ESEA/NCLB and 1,772 schools (19%) failed to meet federal AYP for the second consecutive year, and are subject to federally mandated sanctions.

The U.S. Department of Education (DOE) had announced that no state has met a requirement that calls for 100 percent of teachers in core subjects to be "highly qualified" by the end of 2006. California's standards for becoming certificated teachers are among the highest in the nation. In fact, the U.S. DOE has commended the state for implementing teacher quality regulations, but funds to support retention of highly qualified teachers have been cut by more than $33 million. Consequently, no state in the nation has met this requirement.