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What is ESEA (No Child Left Behind)? CLICK HERE

To access the official US Department of Education "No Child Left Behind" web site, CLICK HERE

For more information on NCLB from the National PTA Website, CLICK HERE

Read PTA Positions Regarding ESEA (No Child Left Behind), CLICK HERE

For details on the bill (as it stood when signed in Jan. 2002), along with NPTA position on each reform, CLICK HERE

No Child Left Behind

February

Links to press releases from the State of CT Attorney General's Office regarding the State's lawsuit against the Federal Government over Illegal Unfunded Mandates Under No Child Left Behind Act

1/30/2006 Attorney General’s Statement On NAACP Petition To Support Federal Motion To Dismiss NCLB Suit
  I regret that the NAACP and my office are on different legal sides when we share the basic goals of No Child Left Behind. I hope for an opportunity to discuss our common interests in advancing education and to pursue them together, as we have done constructively in so many other areas.
1/17/2006 Attorney General, Superintendents Announce 109 School Board Endorsements Of NCLB Suit
  Attorney General Richard Blumenthal and school superintendents from across the state today announced that 109 school boards have voted to endorse the No Child Left Behind (NCLB) lawsuit.
12/23/2005 Attorney General Fights Motion To Dismiss No Child Left Behind Suit
  Attorney General Richard Blumenthal today filed a brief opposing the federal government’s motion to dismiss the state’s lawsuit against U.S. Secretary of Education Margaret Spellings for violating provisions of the No Child Left Behind Act (NCLB).
11/23/2005 Attorney General’s Statement On Decision In Michigan NCLB Lawsuit
  “This decision by a federal district court in Michigan is wrong and in no way legally binding on our lawsuit in Connecticut. The opinion itself is disappointing in dealing with major issues of statutory interpretation with barely a page and a half of analysis and without a single citation to any precedent in case law.
8/24/2005 Attorney General's Statement On Federal Response To NCLB Suit
  Under the law, the federal government must pay for any additional testing. They have not done so. Diverting money from existing educational programs – as federal officials suggested – violates the law and robs our children of the resources needed to close achievement gaps.
8/22/2005 State Sues Federal Government Over Illegal Unfunded Mandates Under No Child Left Behind Act
  Attorney General Richard Blumenthal today announced a lawsuit against U.S. Secretary of Education Margaret Spellings. The federal government has repeatedly refused to grant the state waivers or full funding to comply with the NCLB Act – violating the express terms of the NCLB Act and the Spending Clause of the U.S. Constitution.
6/22/2005 Attorney General's Statement On U.S. Department Of Education Letter Failing To Grant Waivers Or Funding Under NCLB
  "This response gives us less than nothing. It is inflexible and unyielding on the key points that concern Connecticut and cause these unfunded mandates to be illegal. Our state and local government will begin spending hundreds of millions of dollars on illegal unfunded mandates such as testing beginning July 1, as the fiscal year begins.
4/5/2005 Attorney General Prepares Legal Action Against Federal Government For No Child Left Behind
  Attorney General Richard Blumenthal announced today he is preparing legal action against the U.S. Department of Education for imposing millions of dollars worth of illegal unfunded mandates under the No Child Left Behind Act (NCLB).
 
We at Connecticut PTA are excited to be part of bringing this serious issue to the forefront. We will continue to track this issue, and present updates on this page.
CT PTA VP Legislation

September, 2005

Hurricane Katrina May Affect NCLB Law

Education Secretary Margaret Spellings convened a task force of 11 national education organizations on Wednesday to discuss how best to help students displaced by Hurricane Katrina. An estimated 200,000 students have been relocated to parts of Louisiana, Mississippi, and Alabama not impacted by the hurricane and 16 other states throughout the country. National PTA was represented at the meeting by CEO Warlene Gary and Deputy Executive Director Kimberly Barnes-O’Connor.

Spellings indicated that the Department of Education will work with states and districts to transfer funds from affected districts that may not be able to use previously allocated federal education money to districts within those states or in other states that are serving displaced students. The department will also work to identify whether undesignated federal funds can be made available to the affected areas.

In addition, Spellings sent a letter on Wednesday to chief state school officers to inform them that the department will immediately consider requests to waive certain No Child Left Behind Act (NCLB) requirements as part of the Hurricane Katrina relief effort. The department will consider waiving, among others, the requirement that state education departments fund education at no less than 90 percent of the level of the previous year. The department will also evaluate what flexibility is appropriate for affected states and districts in meeting NCLB’s highly qualified teacher requirements. For more information on what requirements may be waived or modified, go to www.ed.gov/policy/elsec/guid/secletter/050907.html

August, 2005

STATE OF CONNECTICUT SUES THE FEDERAL GOVERNMENT OVER NCLB

No Child Lawsuit Disputed
August 23, 2005
By ROBERT A. FRAHM, Hartford Courant Staff Writer
Hartford Courant

As some of the state's leading educators and politicians hailed Connecticut's filing of a lawsuit against a controversial federal education law Monday, two national civil rights leaders called the action ill-advised.

The criticism from civil rights advocates, including former Connecticut lawyer John C. Brittain, came as Connecticut became the first state to go to court challenging the No Child Left Behind Act, the centerpiece of President Bush's education agenda.

The disagreement reflects a national debate over the most sweeping federal education law in 30 years. The law calls for a broad expansion of testing and a shake-up of schools that fail to make sufficient progress with all students, including low-income children, special education students and members of minority groups.

The state filed suit in federal district court in Hartford against U.S. Secretary of Education Margaret Spellings, contending the law will unfairly cost state and local taxpayers hundreds of millions of dollars.

"Our message today is: Give up the unfunded mandates or give us the money," said state Attorney General Richard Blumenthal, flanked by about a dozen politicians and representatives of the state's education establishment.

A spokeswoman for the U.S. Department of Education said the lawsuit "sends the wrong message to students, educators and parents."

"The funds have been provided for testing," said Susan Aspey, "but Connecticut apparently wants to keep those funds without using them as intended."

A key goal of No Child Left Behind is to close the achievement gap that finds many low-income and minority students lagging academically behind white, middle-class children.

Although educators across the nation have complained that the law does not provide enough money for schools to make the necessary improvements, some observers, such as Brittain, believe it has focused long overdue attention on low-income and minority children, whose academic performance generally has lagged behind that of other students.

"We believe poor children will suffer if the state of Connecticut wins" its lawsuit, said Brittain, who for years was a central figure in the Sheff vs. O'Neill school desegregation case that sought to improve racial balance in Hartford's public schools.

"No Child Left Behind keeps the accountability on the states, where it belongs," said Brittain, chief counsel and senior deputy director of the Lawyers' Committee for Civil Rights Under Law in Washington, D.C.

In a letter to Blumenthal, Brittain and noted civil rights lawyer William Taylor took no position on whether No Child Left Behind has been funded properly but alleged that Connecticut has failed to comply with the law's requirements to help local school districts meet academic standards.

That failure, the letter said, cannot be excused by the state's claims that the law is under-funded.

Taylor, chairman of the Citizens' Commission on Civil Rights, questioned the strategy of basing a lawsuit on claims of unfunded mandates. "There is no basis for thinking those lawsuits have been successful," he said. "I'm afraid lawsuits of this kind ... may encourage other states to resist. That cannot help this major effort to help poor kids."

Blumenthal said the state doesn't object to the goals of No Child Left Behind, but "with the failed implementation."

The federal government has repeatedly rejected Connecticut's requests for flexibility in interpreting the law, including waiving a requirement to add three grades to Connecticut's annual testing program at a cost to the state of nearly $8 million over the next two years.

The state - which for years has tested children in fourth, sixth, eighth and 10th grades - will add tests in third, fifth and seventh grades in the spring to meet federal requirements even though the additional tests "have questionable merit," said state Education Commissioner Betty J. Sternberg. She rejected the contention by Brittain and Taylor that the state had failed to help local school districts comply with the law.

Sternberg also has disagreed with the federal government over how to test special education students and children who speak little or no English.

Connecticut is one of many states that have clashed with the U.S. Department of Education over No Child Left Behind. Nevertheless, Blumenthal, despite months of effort, was unable to persuade other states to join the lawsuit.

"That's because almost every other state is in the process of asking the U.S. Department of Education for changes" in the interpretation of the law, said Jack Jennings, president of the Center on Education Policy in Washington, D.C., a private nonprofit group that monitors education policy. "I think they're afraid that if they file suit they won't get the changes they're asking for."

As for Connecticut officials, "I think they're fed up," he said. The lawsuit "is a clear signal there is a great deal of discontent with the law."

That discontent was evident at Blumenthal's press conference, where educators and politicians blasted the federal law.

State Rep. Andrew Fleischmann, D-West Hartford, compared the federal education department to a playground bully.

"While there are not other states that are currently joining us in this litigation, they are cheering us on because we are taking on the bully," he said.

One official noticeably absent from the press conference was Gov. M. Jodi Rell. The Republican governor has expressed reservations about challenging Bush's chief education program in court, but she did recently sign a bill authorizing Blumenthal to file the lawsuit.

Judd Everhart, a spokesman for the governor, said Rell was not invited to attend Monday's press conference.

The governor, however, issued a statement supporting Connecticut's existing school testing program.

"We need accountability. Our children deserve it," she said, "but we in Connecticut do a lot of testing already, far more than most other states. Our taxpayers are sagging under the crushing costs of local education. What we don't need is a new laundry list of things to do - with no new money to do them."

Hartford Courant Staff Writer Rachel Gottlieb contributed to this story.

State's Lawsuit Called `Red Herring'
Education Secretary Criticizes Challenge To No Child Left Behind Act
August 25, 2005
By DOUG GROSS, Associated Press ATLANTA -- U.S.

Secretary of Education Margaret Spellings on Wednesday called complaints that the federal No Child Left Behind Act isn't fully funded a "red herring" contrived by states such as Connecticut, which filed a lawsuit this week challenging the program.

Connecticut's lawsuit, filed Monday in U.S. District Court, claims the law is illegal because the Bush administration has not provided enough money to pay for the testing and programs associated with the 2001 law.

Spellings, speaking to the Atlanta Press Club, said the lawsuit "does trouble me a little bit" and, afterward, suggested states balking at the law simply fear the results of its accountability measures.

"I just see that as a red herring," she said of Connecticut's claim this year's federal funds will fall $41.6 million short of paying for staffing, training and testing for No Child Left Behind.

"What are they afraid of knowing, I guess, is one of the things I'd like to know."

Connecticut was the first state to challenge the law. But lawmakers in other states have complained about its funding and expect that other states could join Connecticut's lawsuit or file their own.

Connecticut tests students in grades four, six, eight and 10. State officials say they don't believe there is added benefit in expanding testing to grades three, five and seven. Education Commissioner Betty Sternberg said the state already knows where its problem areas are, and it is working aggressively to fix them.

Spellings said annual testing is a cornerstone of the federal program and needed to assess student achievement and help struggling students catch up with their peers.

"Parents want to know where their children stand," she said. "That's a reasonable expectation for Connecticut and Georgia and Texas and every other state in the land."

Sternberg disputed that.

"I'm a parent myself," she said. "And in fact, in my whole career here in Connecticut in 25 years, I have never heard nor been asked by any parent to provide more of that kind of testing information."

Wednesday's comments renewed months of sometimes-bitter dialogue between Spellings and Connecticut officials.

In April, Spellings called the state's attitude toward its minority students "un-American" and repeated a Bush line, accusing the state of "soft bigotry of low expectations" for not supporting the plan. Sternberg called the comments outrageous and cited her Jewish heritage when demanding an apology.

Connecticut estimates it will have to spend $41.6 million of its own money to comply with the law through 2008. Spellings said the federal government has already sent $750 million, but the state says the costs of implementing the law are much higher.

Attorney General Richard Blumenthal said the law itself says that the government must pay for extra expenses.

"Three words for federal officials: Read the law," he said. "Under the law, the federal government must pay for any additional testing. They have not done so."

Spellings toured an Atlanta elementary school before the speech. She plans to visit several cities promoting national test results she said have improved since the inception of No Child Left Behind.

April, 2005

CT TO SUE FEDS OVER NCLB

Connecticut State Attorney General Richard Blumenthal is filing a lawsuit challenging the legality of the No Child Left Behind Act after President Bush and the U.S. Department of Education denied every waiver requested by the CT State Department of Education.

NCLB"This law is outrageously wrong. ... It is fundamentally flawed," Blumenthal said. "The stakes here are huge."

The announcement drew a sharp response from the U.S. Department of Education, which issued a statement saying that the proposed lawsuit "appears to rest on a flawed cost study" of the law.

U.S. DEPT. OF EDUCATION MAY ADDRESS SPECIAL ED. TESTING UNDER NCLB

A fundamental change in how the Education Department enforces the No Child Left Behind law could affect the education of millions of students as states seek federal approval on everything from teacher quality to the measuring of student progress.

For example, the department plans to give certain states more freedom in how they test hundreds of thousands of children with milder disabilities, Bush administration officials told The Associated Press on Tuesday, April 5, 2005. Only states that can prove progress or a strong commitment to improve will be seriously considered for that flexibility, the officials said.

CLICK HERE for the complete story from CNN.COM.

February, 2005

National PTA issued a statement on NCLB expansion in response to President Bush’s State of the Union address on Feb 3. To read the statement, visit our Press Room: http://www.pta.org/aboutpta/pressroom/pr050203.asp

March, 2004

Senator Wyden Proposes Amendment to Improve NCLB

On March 2, Sen. Ron Wyden (D-OR) and Oregon Superintendent of Public Instruction Susan Castillo unveiled a five-point proposal for improving the No Child Left Behind (NCLB) law.

The proposal is synthesized from the concerns and suggestions of parents, teachers, schools, and community leaders. The proposal will be sent directly to the U.S. Department of Education, which has the power to make changes to the law administratively. If the Department of Education fails to act, Wyden will introduce legislation in Congress to change the law.

Areas that Wyden and Castillo have targeted for improvement include fairness in student testing and school ratings, teacher recruitment and retention, and parental involvement.

CLICK HERE for the rest of the story.

Governors Call to Amend NCLB

A group of governors who were meeting in Washington, DC, called for changes to No Child Left Behind (NCLB) to ensure that it can meet its intended goals.

They had hoped to raise possible amendments with President Bush and Secretary of Education Rod Paige at a private meeting at the White House, that got cut short after Mr. Paige referred to the National Education Association as a "terrorist organization."

Their concerns with NCLB focused on Washington's increased oversight of public education, the level of federal aid, teacher-quality rules, and test-score goals that label many schools as failing.

February, 2004

CEA President Questions Real-World Implications of NCLB

Rosemary Coyle, President, CEA, regarding how NCLB offers what seems to be a quick formula to make everyone perform, but it has no answers for the real-world questions.

"While there are some things to admire in the federal government’s No Child Left Behind (NCLB) law, there also is much that needs to be amended. One troubling aspect of the legislation is that it forces every child, every teacher, every class and every school into a rigid kind of education with the standardized test the sole measure of performance."

 CLICK HERE to read the entire letter.

Department of Education Relaxes LEP Policies

On February 19, the Department of Education announced new policies that would relax the testing requirements currently applicable to students with limited English proficiency (LEP). There are now 5.5 million LEP students in U.S. public schools. The new policies will take effect immediately for schools and districts with LEP students.

Under NCLB, states must include the academic achievement results of all students, including LEP students, in their showing of adequate yearly progress (AYP). However, LEP students often have a difficult time participating in state assessments due to language barriers or the lack of prior schooling. The new flexibility will allow LEP students, during their first year of enrollment in U.S. schools, to have more options in the content of their testing, and some added accommodations. States also would not be required to include results from all LEP student testing. In addition, states would have up to two years to include in the LEP subgroup students who have attained English proficiency, which would allow schools to get credit for improving English-language proficiency from year to year.

January, 2004

Impact of NCLB unfolds; concern mounts; CEA TV campaign launched

Parents and taxpayers need to make their voices heard

As confusion and concern sweep Connecticut over the labeling of more than one-half of the school districts in the state as deficient, the Connecticut Education Association (CEA) announced it is launching a public awareness TV campaign to urge state residents to become advocates for amending the No Child Left Behind (NCLB) law.

CLICK HERE to read the CEA Press Release.

November, 2003

NCLB Forum in Manchester

On November 15, 2003, a No Child Left Behind forum was held at Manchester High School.  Speakers included:

bulletCraig Toensing, Chairman of CT State Dept of Education
bulletDr. Abigail Hughes, Associate Commissioner, CT State Dept of Education
bulletDr. Alan Beitman, Superintendent of Schools, Manchester
bulletDr. Patricia Brett, Assistant Superintendent of Schools, Manchester
bulletKevin, President of CT PTA

For comments from Craig Toensing, and pictures from the forum, CLICK HERE

October, 2003

Military Recruitment and the No Child Left Behind Act

Did you know... Under the No Child Left Behind (NCLB) Law, parents have the right to be notified about military recruitment at their child's high school, and they can op-out of releasing information to the military if they so choose?

School districts must notify parents of high school students that military recruiters have access to students’ names, addresses, phone numbers, and other additional information. Under NCLB, (ESEA, Section 9528), military recruiters are entitled to this information unless the parents say no.

If you have not been notified about your right to remove your child from this list, contact your school principal or your school district office.

May, 2003

Elementary and Secondary Education Act (ESEA) aka: 'No Child Left Behind' Act

Parent Rights Under ESEA (No Child Left Behind) Online Resource

The Elementary and Secondary Education Act (ESEA), also known as the No Child Left Behind Act, contains many opportunities for parents to be involved in and informed about their children's education. The new online resource "Parent Rights Under the Elementary and Secondary Education Act" explains what parents, under this law, have a right to know about military recruitment, bilingual education, teacher quality, report cards on school performance, and school safety.

Visit the Parent Involvement section of National PTA's website for "Parent Rights Under the Elementary and Secondary Education Act," as well as four other resources to help you better understand the ESEA.

http://www.pta.org/ptawashington/issues/rights.asp

April, 2003

From the CT PTA President ... Learn More About the No Child Left Behind Act.

The Elementary and Secondary Education Act, also known as the “No Child Left Behind Act” (NCLB), signed into law by President Bush in 2002, reached its first anniversary this January, 2003. As advocates for your children, I urge you to learn more about the NCLB, how it is being implemented and what impact it will have in your school district. Therese Duncan, Vice President-Legislation, and I represent Connecticut PTA members on the Connecticut Department of Education’s “Committee of Practitioners” which was established to look at the provisions of NCLB and how they will be implemented in Connecticut. We would like to know what your concerns are regarding the effect this legislation is having and will continue to have on your children and schools.

CLICK HERE for more information from Donna McGuire regarding NCLB.

June 24, 2002

SEND LETTERS TO OUR NATION'S LEADERS SUPPORTING FULL FUNDING FOR PUBLIC SCHOOLS

At the 106th Annual Convention, National PTA is launching an initiative to engage all PTA members in advocating for public funding for public schools.

To promote this initiative, National PTA has posted letters on its website addressed to President George W. Bush, Senate Majority Leader Tom Daschle, and Speaker of the House J. Dennis Hastert, calling for full funding of the Elementary and Secondary Education Act and the Individuals with Disabilities Education Act.

The letters are available in PDF format CLICK HERE. National PTA encourages you to take a moment to download and print the letters to President Bush, Senate Majority Leader Daschle, and Speaker of the House Hastert. Please add your name, address, and affiliation at the bottom, and mail the letters to their recipients using the respective address at the top of each letter.

National PTA thanks you for your advocacy efforts!

January, 2002

ESEA BILL HAS BEEN SIGNED INTO LAW

President George W. Bush signed the Elementary and Secondary Education Act (ESEA) (also known as the No Child Left Behind Act) on January 8, 2002.

National PTA urged adoption of the H.R. 1 conference report citing support for such reforms as the enhanced parent involvement provisions, increased funding authorizations, and improved targeting of federal funds to the most needy communities. At the same time, National PTA expressed concern that the bill focuses too heavily on tests as an accountability tool as opposed to other indicators of progress such as funding levels, class size, teacher quality, and parent involvement.

The reforms set forth in ESEA require new testing and accountability measures. For example, beginning in 2003, states must annually test students in 3rd through 8th grade in reading and math. Similar yearly assessments in science must begin by the academic year 2007-2008. Test results will be measured and reported to parents and the public. The test data must be broken down by race, gender, and other criteria to identify how groups are progressing in meeting state standards. States will set their own performance standards, but they must participate in the National Assessment of Education Progress tests, which offer a sampling of student performance nationwide.

Federal funds are available for teacher training and, by 2005, all schools must have a qualified teacher in every classroom. Class-size reduction is eliminated as a separate program in ESEA, but teacher quality funds can be used to recruit and hire teachers. Schools must show within 12 years that every student meets state standards or is receiving supplemental educational services. ESEA also contains a new program designed to ensure children are reading before grade 3, and boosts bilingual education services to children not proficient in English.

National PTA supports many of the reforms in the bill proposed and is pleased that the bill...

bullet

Contains nearly all the provisions of the National PTA initiated PARENT Act, which expands parent involvement policies and activities in the law;

bullet

Is free of vouchers;

bullet

Rejects the original state Straight A's provisions, which gave governors authority over education decisions and weakened accountability;

bullet

Improves the targeting of resources to those most in need, particularly in Title I and teacher quality programs;

bullet

Increases the authorization of funds for Title I and other ESEA programs;

bullet

Includes student privacy protections against commercialism; and

bullet

Maintains the ability of parents to opt out of bilingual education programs if they wish, rather than requiring parents to specifically request services.

National PTA had opposed a number of provisions that are part of ESEA, but will continue to work on these issues. Specifically, PTA is concerned that the bill:

bullet

Fails to provide mandatory funding for the Individuals with Disabilities Education Act, which would have provided significant additional resources for states and schools to meet the requirements in the bill;

bullet

Relies heavily on testing as the primary measure of accountability, without looking at other indicators that help assess school performance, such as equity of resources, physical infrastructure, class size, instructional methods, and parent involvement;

bullet

Expands state and local block grant and transferability provisions, which could negatively impact accountability and program quality;

bullet

Consolidates the class-size reduction program in the teacher quality title; and

bullet

Eliminates the school construction authority that had been in ESEA.

When the ESEA reauthorization process was begun, National PTA recommended that three overall priorities be integrated into every ESEA program as appropriate. It appears that improvements have been made in each of these areas: 

bullet

Increased parent involvement

bullet

Improved targeting of resources based on need

bullet

Additional reforms to help schools build the capacity they need to serve students

National PTA staff has reviewed the final bill language and created a document titled "COMPARISON OF SELECTED PROVISIONS IN THE 2002 ESEA LAW WITH THE 1994 ESEA STATUTE". This document will help PTAs identify the changes in the law, PTA's positions, and the implications for state/local education agencies, and our nation's schools.

Document:

ESEA Side-by-Side ComparisonESEA SIDE-BY-SIDE COMPARISON

Document is in Adobe® Acrobat® format. If you need the free reader, click here. Not that when printing the document please be advised that it is 22 pages long and is formatted for Legal size paper (8.5" x 14") only. National PTA has approved local units to copy and reproduce this document.

For additional information regarding the ESEA, visit the National PTA web site at: http://www.pta.org/ptawashington/issues/esea.asp

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