Federal

Draft Bill Heats Up NCLB-Renewal Debate

By David J. Hoff — August 31, 2007 5 min read
  • Save to favorites
  • Print

The release this week of a preliminary proposal for reauthorizing the No Child Left Behind Act starts a busy fall in Congress, as both the House and the Senate try to revamp the NCLB accountability system and ramp up efforts to improve struggling schools.

Lobbyists and advocates spent the last week of the August congressional recess reading through the 435-page draft bill that outlines key House members’ plans to change the accountability system by measuring students’ academic growth and adding other indicators to those in reading and mathematics.

Most education groups reacted cautiously to the draft as they considered the impact of changes proposed in the House Education and Labor Committee document, which committee leaders called a “work in progress” in an open letter to “education stakeholders” .

BRIC ARCHIVE

“The committee has not endorsed this staff discussion draft,” wrote the panel’s chairman, Rep. George Miller, D-Calif., and his colleagues. “However, we believe it represents a starting point from which to receive input.”

The ranking Republican on the committee, Rep. Howard P. “Buck” McKeon, also signed the Aug. 27 letter, as did the chairman and the ranking member of the Subcommittee on Early Childhood, Elementary, and Secondary Education.

On the Senate side, lawmakers worked on an NCLB bill throughout the August recess and are aiming to have their bill win the Senate’s approval by the end of the year, said Melissa Wagoner, a spokeswoman for the Senate Health, Education, Labor, and Pensions Committee.

Potential ‘Loopholes’

The House committee’s draft legislation, released Aug. 28, would add some new features to the 5½-year old law, while keeping many of its central tenets. It would not change the requirement that states assess students in reading and math in grades 3-8 and once in high school. And it would authorize all states to use a method known as growth models to track progress toward the law’s central goal that all student score as proficient in those subjects by the end of the 2013-14 school year.

Many of the so-called stakeholders had not thoroughly read the draft this week and said they did not want to take firm stands on the complex changes proposed in the plan, which covers only one section of the law’s Title I program.

Title I, which aims to bolster the education of disadvantaged children, dates back to the original Elementary and Secondary Education Act of 1965. No Child Left Behind, signed into law by President Bush in January 2002, is the latest version of the ESEA.

“We are encouraged the … draft keeps the core principles of No Child Left Behind and includes several of the president’s proposals,” said Samara Yudof, a spokeswoman for Secretary of Education Margaret Spellings.

“However,” Ms. Yudof added in an e-mail statement, “we have serious concerns that the draft … creates loopholes in accountability measures, provides fewer options for parents, increases complexity, and provides less transparency.”

While she did not spell out those perceived loopholes, other supporters of the law pointed to the draft bill’s endorsement of what are known as multiple indicators for the NCLB accountability system, which is aimed at spurring academic gains in the nation’s public schools.

Draft Bill: Changes to AYP

Growth models: States could measure growth in individual student achievement over time instead of comparing cohorts of students. All student subgroups would have to be proficient in math and reading by the original law’s 2013-14 deadline or else be “on a trajectory” to reach proficiency within three years.

Multiple measures: States could use indicators besides their math and reading tests for accountability, including graduation, dropout, and college-going rates; percentages of students successfully completing endof- course exams for college-prep courses; and assessments in government, history, science, and writing.

Read more ....

Under the draft, states could choose to use a variety of data to supplement their statewide tests, which currently are the most important factor in determining whether schools and districts make adequately yearly progress, or AYP, a key measure of success under the law. Those indicators could include scores on states’ tests in subjects other than reading and math, as well as on graduation and college-enrollment rates.

If schools or districts met certain goals on such indicators, they could earn percentage points to add to their test-score results, according to a summary of the draft.

The changes also “would be confusing and reverse the federal commitment to ensuring all students can competently read and do math,” Amy Wilkins, the vice president of government affairs and communications of the Education Trust, a Washington-based research and advocacy group that works to improve the education of poor and minority children, said in a statement.

Enough Flexibility?

While staunch supporters of the NCLB law voiced their concerns, education groups that are seeking more flexibility in the law were circumspect as they studied the draft this week.

“There appears to be more flexibility in it, but we’re still going through the details,” said Reginald M. Felton, the director of federal relations for the Alexandria, Va.-based National School Boards Association, which has proposed major changes to the law that would give more discretion to local policymakers to make accountability decisions and intervene in schools.

“On the positive side, there’s clearly an effort to address a number of important issues,” said Scott R. Palmer, the director of the education practice at the Washington office of the Holland & Knight law firm, which represents the Council of Chief State School Officers and several other education groups. “On the negative side, it reads in the portions we have now to be very prescriptive. … It’s tremendously important that [educators have] room for judgment and room for innovation.”

The draft bill would significantly change the interventions for schools that fail to make AYP by establishing a two-tiered system of identifying and intervening in such schools.

In such an intervention, state and local officials would choose from a menu of options. In what the draft calls “high-priority schools”—those that missed AYP goals for all or nearly all subgroups of students—officials would need to choose at least four such options, which include adoption of instructional programs with proven success, expansion of parental options for tutoring, and extension of learning time.

Schools that miss AYP goals in one or two subgroups would be called “priority schools” under the draft, and would be required to select fewer interventions to implement.

Clock Ticking

Now that Rep. Miller and his colleagues have sketched out their ideas for the reauthorization, they plan to move on the bill quickly.

They set a Sept. 5 deadline for comments on the draft to be submitted—just over a week after the plan was released. Rep. Miller has scheduled a Sept. 10 hearing by the House education committee, with the possibility that the panel will pass a reauthorization bill by the end of next month.

That appears to be an ambitious schedule for a bill as large and complex as the NCLB law.

“Any renewal would be tough” to do that quickly, said Jack Jennings, the president of the Center on Education Policy, a Washington-based research and advocacy group, and a former aide to Democrats on the House education panel. “Not just this bill.”

But the current effort to collect comments on the draft bill’s language may make it easier for it to move through the legislative process, Mr. Jennings said, because all advocates will have had the chance to review the bill and to attempt to influence it.

“We’ll see where it goes, but he’s starting from a strong position,” Mr. Jennings said, referring to Chairman Miller. “He’s still going to have a fight at every step of the way.”

A version of this article appeared in the September 05, 2007 edition of Education Week

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
School & District Management Webinar
The Principal's Role in Collective Efficacy and Student Outcomes
Learn practical strategies that help principals translate their confidence into stronger collective teacher efficacy and student outcomes.
Content provided by Otus
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
Education Funding Webinar
What Schools Need to Know About the Federal Education Freedom Tax Credit
What schools need to know about the federal Education Freedom Tax Credit: A practical guide from a licensed teacher and policy expert.
Content provided by LearningSpring
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
School Climate & Safety Webinar
Building Your School Safety Roadmap: Key Priorities for the Upcoming Year
What should be on your school's safety roadmap this year? Join experts to discuss priorities, preparedness, and best practices.
Content provided by Evolv Technology & IdentiSys

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. Officially Kills Biden Rule That Added LGBTQ+ Protections to Title IX
The Education Department reinstates 2020 Title IX regulations effectively in place since early 2025.
4 min read
NEW YORK, NEW YORK - JUNE 13: Local elementary schools participate in the annual Brooklyn Gay Pride Parade, celebrating its 30th year, June 13, 2026 in the Park Slope neighborhood of the borough of Brooklyn, New York City.
Local elementary schools participate in the annual Brooklyn Gay Pride Parade, celebrating its 30th year on June 13, 2026, in the Park Slope neighborhood of the borough of Brooklyn, New York City. The Trump administration has officially rescinded a Biden-era regulation that extended Title IX's prohibition on sex discrimination to cover discrimination based on sexual orientation and gender identity.
Andrew Lichtenstein/Corbis via Getty Images
Federal OpenAI's Models Probed Websites of Department of Education, Other Agencies
The department's office for civil rights was probed in an attempted hack, according to a report.
3 min read
FILE - The OpenAI logo is displayed on a cell phone in front of an image generated by ChatGPT's Dall-E text-to-image model, Dec. 8, 2023, in Boston. (AP Photo/Michael Dwyer, File)
Federal Trump Administration Moves to Limit Fixes for Systemic Racism in Schools
The Trump administration has limited remedies schools can use to address systemic racial injustice.
7 min read
Jovonia Lewis poses for a portrait outside of the Durham Board of Education building on Sept. 21, 2026, in Durham, N.C.
Jovonia Lewis poses for a portrait outside the Durham Board of Education building on Sept. 21, 2026, in Durham, N.C. In 2018, the U.S. Department of Education reached an agreement with the Durham district after finding it disproportionately suspended Black students. The second Trump administration has limited the remedies schools can use to address systemic racial injustice.
Matt Ramey/AP
Federal Trump Admin. Touts Ed. Dept.'s Help for States as It Tries to Shut It Down
The Trump administration pushes the Education Department's closure, while touting its help for states.
6 min read
Letters on the Department of Education building are missing after removal of America 250 banners, which included those of Booker T. Washington, Catharine Beecher and Charlie Kirk, on March 18, 2026, in Washington.
Letters on the Department of Education building in Washington are missing in this March 18, 2026 photo. The Trump administration continues to push for the agency's closure while also touting its help for states.
Allison Robbert/AP