Suit on No Child law eyed by local educators; Districts in 3 states, NEA file litigation on fed funding cuts
Worcester Telegram & Gazette
Clive McFarlane
April 21, 2005
Local officials are closely following a lawsuit filed in U.S. District Court yesterday that would allow schools to ignore unfunded provisions in the federal government's No Child Left Behind law.
The law directs states to design and implement a testing and evaluation system for schools and districts that will have the majority of students scoring at the proficiency level in math and English by 2014.
The law also establishes new standards for teachers and forces districts to provide tutoring and other educational choices for students who are not making the grade.
Under the NCLB law, Massachusetts is required to use part of its Title I money to provide these schools with technical assistance and direct financial support.
The state, however, is spending just $2.3 million of the $9.3 million of the Title I funds the law said it should be spending.
"They are absolutely not funding the requirements of the No Child Left Behind Law," Mr. Mills said.
"We are not making adequate yearly progress in terms of the budget, and it is difficult holding the kids and teachers responsible for not making adequate progress."
S. Paul Reville, executive director of the Rennie Center for Education Research and Policy at MassINC, said the success of the lawsuit will depend on how well the plaintiffs separate the mandates of NCLB law from what states have already been doing to raise student achievement.
Many of the NCLB mandates, for example, mirror educational initiatives Massachusetts has been pursuing under the state's Education Reform Law.
"It is easy to make the case that the law has unfunded mandates because it contains enough features that require states to do new things," Mr. Reville said.
Mr. Reville said NCLB is an uncomfortable marriage between states and the federal government, which "historically has been a distant partner," spending about 8 percent of the money spent on public education.
"Education is a fundamental right of self-determination, and there is going to be a struggle against the law from states who do not want national standards," Mr. Reville said.
"But while the No Child Left Behind law has had significant impact in Massachusetts, it is not the guiding light."
