Federal

Education Department Announces More Flexible Approach to NCLB Law

By David J. Hoff — April 07, 2005 2 min read
  • Save to favorites
  • Print

U.S. Secretary of Education Margaret Spellings announced April 7 that she will entertain “common sense” changes to implementing the No Child Left Behind Act so long as states can guarantee her they are producing higher student achievement and following the law’s basic tenets.

She also pledges to convene a panel of experts to determine how, under current law, states could count schools and districts as making adequate yearly progress if they meet growth targets. Now, all schools and districts in a state have to reach the same levels of student proficiency.

In addition, Ms. Spellings said the department would approve individual states’ proposals for changes if the states can prove they are improving student achievement. The department would consider student test scores, high school graduation rates, and a state’s success in reaching students with disabilities and other groups whose achievement ranks below average on state assessments.

“It is the results that truly matter, not the bureaucratic way that you get there,” Ms. Spellings said in the speech at George Washington’s Estates & Gardens historic site in Mount Vernon, Va. “That’s just common sense, sometimes lost in the halls of the government.”

The special education rules will be in effect soon—possibly in the 2005-06 school year. Ms. Spellings said the department would formally propose the regulation this spring.

Under the proposal, states could identify students with “persistent academic disabilities” and create separate standards for them to meet and modified assessments for them to take. The rule would allow 2 percent of a school’s or district’s enrollment to be tested against the new standards and counted as proficient for accountability purposes.

The new rule would be in addition to an existing regulation governing students with severe cognitive disabilities. That rule says that 1 percent of a school’s or district’s enrollment may be tested against standards other than those of their own grade level and still be considered proficient for accountability purposes.

While Ms. Spellings offered new flexibility, she said there were certain rules in the statute that she has no desire or power to change. States will still be required to test students annually from grade 3 through 8 and once in high school and report student scores by demographic subgroups, for example.

States also will need to improve the quality of their teachers and make data on school performance available to parents, she added.

Other than the special education rules and the possibility of setting growth targets, Ms. Spellings did not offer specific examples of the types of rules the department would be willing to waive.

After the speech, the department’s top K-12 official said that the department is willing to consider any changes that aren’t specifically mandated in the 3-year-old law. By the end of the month, the department will tell states the procedures they’ll need to follow to receive the department’s approval for such flexibility, said Raymond J. Simon, the assistant secretary for elementary and secondary education.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Recruitment & Retention Webinar
Hiring, Retention, and Fill Rates: A Data-Driven Sub Strategy
Explore what keeps substitutes coming back and hear how one district rebuilt its substitute hiring process and improved its fill rate.
Content provided by Frontline Education
Early Childhood K-12 Essentials Forum Early Childhood Education: Building Essential Skills for Success
Join this free virtual event to examine the biggest challenges in supporting young children, from preschool through elementary school. 
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Absenteeism Webinar
Attendance Isn't an Attendance Problem
Boost attendance by strengthening relationships, belonging, and support with practical strategies from Doug Fisher & Nancy Frey.
Content provided by Corwin

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Ed. Dept. Would Have More Power to Cut Off Grants Under New Rules
The agency last year ended in-progress grants worth more than $2 billion, with courts often objecting.
5 min read
Jeanette Vyhanek, a counselor at Wellstone Elementary, teaches a class of kindergarten students at the St. Paul school on Oct. 31, 2025 in Minnesota.
Jeanette Vyhanek, a counselor at Wellstone Elementary in St. Paul, Minn., teaches a class of kindergarten students on Oct. 31, 2025. Federal grants to expand the ranks of school counselors and other school mental health services were among hundreds terminated by the Trump administration in 2025. New rules from the U.S. Department of Education would give the federal agency greater latitude to end in-progress grants.
Alex Kormann/The Minnesota Star Tribune via TNS
Federal Q&A Education Data Collection Has Cratered Under Trump. Can It Be Rebuilt?
Ed. Dept.'s data-gathering agency is too unstable to adapt to changing needs, a new report claims.
6 min read
A student raises her hand to ask a question in her third grade classroom at Highland Elementary School in Columbus, Kan., on Oct. 17, 2022. The arm of the government that oversees education data which tracks educational outcomes for students, faces major challenges ahead due to financial cuts.
A student raises her hand to ask a question in her 3rd grade classroom at Highland Elementary School in Columbus, Kan., on Oct. 17, 2022. Federal education data-gathering, like the Condition of Education report, includes baseline information on students and schools. But cuts to the Education Department's statistics wings and mounting criticism of how it operates raise questions about how it can best fulfill its mission.
Charlie Riedel/AP
Federal Education Department Tells Schools Race Can’t Factor Into Student Discipline
A letter to educators follows up on last month's rescission of longstanding discrimination rules.
5 min read
Assistant Secretary for Civil Rights for the Department of Education nominee Kimberly Richey testifies before the Health, Education, Labor and Pensions committee about her nomination in Washington, D.C., on June 5, 2025.
Assistant Secretary for Civil Rights Kimberley Richey testifies before the Senate's Health, Education, Labor and Pensions committee at her nomination hearing in Washington on June 5, 2025. A new letter to educators from Richey instructs schools not to consider race at all in school discipline policies, following the Trump administration's rescission of longtime anti-discrimination rules.
Jason Andrew for Education Week
Federal Q&A What Head Start's English-Only Rule Could Mean for English Learners
Research shows it's not necessary to lose a home language to learn English.
3 min read
Long Beach, CA - March 20 : Teacher Monica Alvarado, left, leads activities with staff in the infant class at Educare Los Angeles at Long Beach , a very high-quality child care center in Long Beach on Wednesday, March 20, 2024 in Long Beach, CA.
Teacher Monica Alvarado, left, leads activities with staff in the infant class at Educare Los Angeles at Long Beach, a very high-quality child care center in Long Beach on Wednesday, March 20, 2024 in Long Beach, Calif. Head Start programs for early childhood education will no longer promote bilingualism under a proposed rule change.
Brian van der Brug / Los Angeles Times via TNS