Federal

Minority-Group Lawmakers Slam Impact of NCLB Waivers

By Alyson Klein — February 18, 2014 3 min read
  • Save to favorites
  • Print

The Obama administration’s waivers to states from provisions of the No Child Left Behind Act have allowed some to back off the core goal of the law—educational equity for poor and minority students—a group of powerful House Democrats said in a sharply worded letter sent to U.S. Secretary of Education Arne Duncan last week.

The lawmakers are demanding that the U.S. Department of Education set a high bar for waiver renewal, a process that’s already underway. Forty-two states and the District of Columbia were granted waivers beginning in early 2012. They are set to expire at the end of the 2013-14 school year.

The letter was signed by U.S. Rep. George Miller of California, the top Democrat on the House education committee, and members of the three caucuses in Congress representing minority-group lawmakers: the Congressional Black Caucus, the Hispanic Caucus, and the Asian Pacific Caucus. Together, they’re known as the “Tri-Caucus” and represent a key voting bloc among House Democrats.

The letter marks the most pointed criticism yet from inside the Beltway of the impact of the waivers on English-language learners, students in special education, and minority children, and it comes from a group of the Obama administration’s most powerful legislative allies.

“The federal role in education is historically a civil rights role, serving to protect and promote equity,” the lawmakers write. “However, we are concerned that some state policies, approved under the initial round of waivers, have not lived up to the mission.”

Specifically, the lawmakers criticize Mr. Duncan and states for the use of so-called “super subgroups,” which allow states to combine subgroups of students—the disadvantaged, minority students, English-language learners, and students in special education—into a single group for NCLB accountability purposes. But the technique could mask the dismal performance of a particular group of students, the lawmakers argue.

“These policies mean that students may slip through the cracks of averages and ambiguities,” they write.

In response to the letter, Dorie Nolt, a spokeswoman for the Education Department, said in an email, “We have received the letter on Elementary and Secondary Education Act flexibility and look forward to responding. The department shares the same commitment to protecting and promoting equity for students.”

Low Bar Alleged

The lawmakers also contend that the Education Department enables states to set a low bar for graduation rates, by allowing students who graduate in five or even six years to carry the same weight for accountability purposes as a student who graduates in four. That’s an issue that Rep. Miller, who is retiring after this year, raised last year.

And they worry that students in special education and ells are being neglected by the waiver process. They want the department to release data on how those students and others are faring academically under the waivers.

They also want the department to press states on the equitable distribution of teachers, an emerging issue for the department.

See Also

See related story, “Scrutiny Rises on Placement of Best Teachers.”

Initially, the Education Department had planned to attach further strings to waiver renewal, by specifically requiring states to ensure that students in high-poverty schools are taught by effective teachers. But the department backed off that idea, instead floating the possibility of a “50-state strategy” on teacher equity that would affect both waiver and nonwaiver states. The 42 states that have waivers will instead be able to extend them through a more streamlined process.

But Rep. Miller and the Tri-Caucus members are worried that a simplified system could further water down protections for subgroup students.

“This is going to be a process where either the administration is serious about the civil rights of these children, or they’re not,” a clearly angry Mr. Miller said in an interview. If the administration fails to allow for civil rights protections, he warned, “the department is going to get their ass handed to them by members of Congress.”

But Chris Minnich, the executive director of the Washington-based Council of Chief State School Officers, had a different take.

“I agree with a lot of the stuff in that letter,” he said. “I believe we can prove what [Rep. Miller] wants us to prove. The states are the ones that developed higher standards. The states are the ones that have developed new accountability systems. We’re open to improve them.”

That said, Mr. Minnich added: “This is more just saber-rattling than anything.” While acknowledging the limited power of House Democrats, who are in the minority, Mr. Minnich said: “If George Miller wants to do something, he should see that we get a new [ESEA] law.”

Associate Editor Michele McNeil contributed to this report.
A version of this article appeared in the February 19, 2014 edition of Education Week as Minority-Group Lawmakers Slam NCLB Waivers’ Impact

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
Families & the Community Webinar
Beyond the Classroom: Extending High-Quality Instruction Into the Home
Your curriculum doesn't have to stop at the classroom door. See how two districts bring families into PreK–3 learning.
Content provided by TalkingPoints
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
Teaching Profession Webinar
Evaluation Beyond the Checkbox: Turning Ratings Into Teacher Growth
Ratings alone don’t help teachers improve. Join us Nov. 10 to hear what happens after the evaluation: feedback, follow-up, and growth.
Content provided by Frontline Education
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
The Assessment Trust Crisis: How to Measure Learning in the Age of AI
AI is reshaping learning. Is assessment keeping up? Join this webinar to explore how to measure student thinking, not just right answers.
Content provided by Instructure

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 Opinion Here's What the Blue Wave Could Mean for Education
Rick Hess and Andy Rotherham analyze how the midterms will shape school choice, sports, and more.
•
9 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week
Federal Democrats Will Control Congress. What Educators Can Expect
Democrats won key races across the country, with implications for K-12 policymaking in Washington.
6 min read
House Democratic Leader Hakeem Jeffries, D-N.Y., gives encouragement to volunteers at a phone bank at a hotel on Capitol Hill in Washington, Tuesday, Nov. 3, 2026.
House Democratic Leader Hakeem Jeffries, D-N.Y., gives encouragement to volunteers at a phone bank at a hotel on Capitol Hill in Washington, Tuesday, Nov. 3, 2026. Democrats are on track to be back in charge in the lower chamber, giving them leverage to push their own K-12 agenda and resist President Donald Trump's.
J. Scott Applewhite/AP
Federal Teachers' Union Sues Trump Administration Over Student Loan Forgiveness
The American Federation of Teachers and nine student loan borrowers allege the agency is delaying Public Service Loan Forgiveness decisions.
Cris Tolomia, Quartz
•
2 min read
Education Secretary Linda McMahon prepares for an interview at the Republican convention Wednesday, Sept. 9, 2026, in Dallas.
Education Secretary Linda McMahon prepares for an interview at the Republican convention Wednesday, Sept. 9, 2026, in Dallas. The American Federation of Teachers says in a new lawsuit that the U.S. Department of Education is delaying loan forgiveness decisions for the Public Service Loan Forgiveness program, for which teachers qualify.
Alex Brandon/AP
Federal Opinion Margaret Spellings and Arne Duncan: The Ed. Agenda We Can Agree On
We need to get education back on track, write the former Ed. Secretaries. Let’s start at the top.
Margaret Spellings & Arne Duncan
•
5 min read
Government research, State budgets, public education, back on track, Education Agenda
Vanessa Solis/Education Week + Getty