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

School & District Management Live Online Discussion A Seat at the Table: How Can We ‘Disagree Better’? A Roadmap for Educators
Experts in conflict resolution, psychology, and leadership skills offer K-12 leaders skills to avoid conflict in challenging circumstances.
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
Assessment Webinar
Unlocking the Full Power of Fall MAP Growth Data
Maximize NWEA MAP Growth data this fall! Join our webinar to discover strategies for driving student growth and improving instruction.
Content provided by Otus
Classroom Technology K-12 Essentials Forum How to Teach Digital & Media Literacy in the Age of AI
Join this free event to dig into crucial questions about how to help students build a foundation of digital literacy.

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 Days After Georgia Shooting, No Mention of Safety or Schools in Trump-Harris Debate
The debate came less than a week after two students and two teachers were killed at Apalachee High School in Winder, Ga.
3 min read
Ball State University students watch a presidential debate between Republican presidential nominee former President Donald Trump, left, and Democratic presidential nominee Vice President Kamala Harris, Tuesday, Sept. 10, 2024, in Muncie, Ind.
Ball State University students watch a presidential debate between Republican presidential nominee former President Donald Trump, left, and Democratic presidential nominee Vice President Kamala Harris, Tuesday, Sept. 10, 2024, in Muncie, Ind.
Darron Cummings/AP
Federal Photos PHOTOS: Behind the Scenes at the Moms for Liberty National Summit
Former President Trump was a keynote the final night—and said little about schools.
1 min read
Moms for Liberty member Aura Moody dances with others at the annual Moms For Liberty Summit in Washington, D.C., on Aug. 30, 2024.
Moms for Liberty member Aura Moody dances with others at the conservative parents' rights organization's annual summit in Washington, on Friday, August 30, 2024.
Lawren Simmons for Education Week
Federal At Moms for Liberty National Summit, Trump Hardly Mentions Education
In a "fireside chat" with a co-founder of the parents' rights group, the former president didn't discuss his education policy priorities.
5 min read
Republican presidential nominee former President Donald Trump speaks with Moms for Liberty co-founder Tiffany Justice during an event at the group's annual convention in Washington, Friday, Aug. 30, 2024.
Former President Donald Trump, the Republican presidential nominee, speaks with Tiffany Justice, a Moms for Liberty co-founder, during the group's national summit on Friday Aug. 30, 2024, in Washington. The former president spoke only briefly about issues directly related to education.
Mark Schiefelbein/AP
Federal Then & Now Why It's So Hard to Kill the Education Department—and Why Some Keep Trying
Project 2025 popularized plans to end the U.S. Department of Education, but the idea has been around since the agency's inception.
9 min read
President Ronald Reagan is flanked by Education Secretary Terrel Bell, left, during a meeting Feb. 23, 1984 meeting  in the Cabinet Room at the White House.
President Ronald Reagan is flanked by Education Secretary Terrel Bell, left, during a meeting Feb. 23, 1984 meeting in the Cabinet Room at the White House. Bell, who once testified in favor of creating the U.S. Department of Education, wrote the first plan to dismantle the agency.
Education Week with AP