Like going steady in elementary school, everybody's talking about it, but nobody's actually doing it. We mean, of course, mounting a major challenge to NCLB. The National Conference of State Legislatures caused a ruckus last week (see here) with its call for major changes to the law, which the group claims is an unconstitutional attack on state and local control of education. (Funny, do you remember NCSL being a hotbed of federalist conviction before now?) Utah seemed poised to withdraw from NCLB, but Republican Governor Jon Huntsman announced (after a face-to-face meeting with Education Secretary Margaret Spellings and the president) that final consideration of the move will be delayed until spring. And in the president's home state, Republican Governor Rick Perry is backing a state education department move that will spare 40 percent of Texas districts from failing to make AYP this year. Unfortunately, the Texas Education Agency's approval of an additional 431 exemptions beyond the 1 percent cap on special education students taking easier, alternative assessments is in direct violation of federal rules. Shirley Neeley, the head of the Texas Education Agency, is playing a high-stakes game of chicken with Secretary Spellings. If the administration swerves first, this may be just the signal states have been seeking - namely, that the accountability provisions of NCLB are back on the table. So we're heartened to hear that the Department has rebuffed Connecticut's blatant attempt at an end-run around NCLB testing requirements. State officials there requested exemption from annual testing on the grounds that . . . well, on no real grounds at all, except that they don't much want to do it. In a letter to the state, Spellings gently reminded, "You cannot remedy weaknesses you do not know about." Which occasioned this sniffy comment from Commissioner Betty J. Sternberg: "I have to admit I'm disappointed by [her] answer. I was hoping for a real discussion on why it is we think it makes sense to [test] every other year." Apparently, the fact that it's the law isn't sense enough for Mrs. Sternberg.
"No Child growth proposal may stall," by Justin Gest, Houston Chronicle, March 1, 2005
"State loses testing appeal," by Robert Frahm, Hartford Courant, March 2, 2005
"Utah delays a challenge to federal law," by Sam Dillon, New York Times, March 2, 2005 (registration required)
"Consequences for Texas' defiance of law are unclear," by Justin Gest, Houston Chronicle, March 3, 2005