To the Editor:
I was surprised that your front-page article “Collective Bargaining Bumping Up Against No Child Left Behind Law,” (Sept. 8, 2004) did not mention a critical, and often overlooked, section of the federal No Child Left Behind Act.
Section 1116d (Page 1491) (d) construction states: “Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.”
This section of the law means that the laws of each state will play a huge role in its implementation with regard to sanctions. This little-known part of the “No Child” law, not even taken into consideration in your article, renders the whole issue more complex than the article leads readers to believe.