Cairo Association of Teachers - Newsletter



CAT Tracks for April 20, 2005
UTAH TAKES THE LEAD

Momentum seems to be building against NCLB as Republicans in Utah "just say no" to what they see as unfunded federal intrusion. Expect a swift and strong reaction from the Bush Administration.

From today's New York Times...


SALT LAKE CITY, April 19 - In a stinging rebuke of President Bush's signature education law, the Republican-dominated Utah Legislature on Tuesday passed a bill that orders state officials to ignore provisions of the federal law that conflict with Utah's education goals or that require state financing.

The bill is the most explicit legislative challenge to the federal law by a state, and its passage marked the collapse of a 15-month lobbying effort against it by the Bush administration.

Federal officials fear Utah's action could embolden other states to resist what many states consider intrusive or unfunded provisions of the federal law, known as No Child Left Behind.

Utah's action comes as a federal-state conflict over the education law appears to be escalating. The attorney general of Connecticut has announced that he will sue the Department of Education over the law's finances, Texas is in open defiance of a federal ruling on testing disabled children and many state legislatures have protested various provisions of the federal law, which has required a sweeping expansion of standardized testing.

The 29-member Senate passed the bill on a vote of 25 to 3, with one absence, hours after the Utah House, which has 75 members, approved it 66 to 7. Gov. Jon Huntsman Jr., a Republican, has said he intends to sign it.

Several lawmakers said in the debates on Tuesday that they admired Mr. Bush, but they described the 1,000-page federal education law that he signed in January 2002 as an unconstitutional expansion of the federal role in education.

Representative Margaret Dayton, the Republican state representative who wrote the Utah bill, said she had worded it to assert Utah's right to control local schools without jeopardizing the state's federal education financing.

Secretary of Education Margaret Spellings warned in a letter to Senator Orrin G. Hatch of Utah on Monday, however, that depending on how the state were to apply the bill's provisions, the Department of Education might withhold $76 million of the $107 million that Utah receives in federal education money. Several lawmakers said the secretary's letter seemed to be a threat.

"I don't like to be threatened," said Representative Steven R. Mascaro, a real estate developer from a Salt Lake City suburb. "I wish they'd take the stinking money and go back to Washington."

A spokeswoman for the Department of Education did not respond to requests for comment.

The bill orders Utah educators to "provide first priority to meeting state goals" when those conflict with the federal law and to spend as little state money as possible to comply with the federal law's testing and other programs. It also requires the state superintendent of public instruction to "lobby federal education officials for relief from the provisions" of the law.

Amid a series of speeches lashing the federal law, several lawmakers from each party nonetheless praised one of its central provisions, which requires that student performance data be reported separately in each school for all racial, ethnic and other groups. That requirement allows educators and parents to identify low-achieving students even in schools whose overall test scores look impressive.

The Utah House approved an identical bill in February by a unanimous vote, but after lobbying by Washington officials, Mr. Huntsman persuaded the Senate to postpone its vote until a special session. At that time, Ms. Spellings congratulated legislators for making "the right decision for the state's students by deciding to continue to work with us, instead of working at cross-purposes."

In behind-the-scenes negotiations with Utah officials in recent weeks, federal officials provided new flexibility to Utah on how it determines whether its teachers are sufficiently certified. But Utah officials had also sought permission to use the state's own fledgling school accountability system instead of the system outlined in the federal law.

Utah's education superintendent, Patti Harrington, an outspoken critic of the federal law, said Washington had never seemed close to granting that request.

Until very recently, virtually every political force in Utah, from the ultra-conservative Eagle Forum to the main teachers union, had supported the Utah bill. But earlier this month a coalition of Hispanic, African-American and other educators voiced concerns that the legislature's effort to sidestep provisions of the federal law might allow minority students to fall through the cracks.

Duane E. Bourdeaux, a Democrat, who is Utah's only African-American state representative, voted in favor of the bill in February, and sponsored an amendment on Tuesday ordering Utah educators to put the federal law into effect in a way that guarantees that student achievement data will continue to be reported separately for each racial and other group.

"There are a lot of problems with No Child Left Behind, but for the first time the federal government has taken a stand to say, 'We have an achievement gap that needs to be dealt with,' " Mr. Bourdeaux said. His amendment was defeated.

The Utah bill leans heavily for its rationale on a provision in the federal education law that Republican congressmen during the first years of the Clinton administration, which forbids federal officials from requiring states to spend their own money to enact the policies outlined in the law.


And from the Washington Times...


Spellings warns Utah in battle over federal act

By George Archibald

Education Secretary Margaret Spellings sent a surprise letter denouncing Utah legislation to put state education goals ahead of the federal No Child Left Behind Act on the eve of a special session of the state's Legislature, which convened yesterday.

In the letter, sent Monday through Sen. Orrin G. Hatch, Utah Republican, Mrs. Spellings warned that $76 million in federal funds might be cut off this year if the legislation passed and questioned motives of the bill's sponsors.

Utah legislators yesterday rebuffed the threat, with the House voting 66-7 to pass the bill. The Senate then approved the legislation 25-3.

Mrs. Spellings wrote that "several principles of the bill are troublesome, and appear to be designed to provoke non-compliance with federal law and needless confrontation."

The letter — which warned that "the consequences of enacting and implementing this bill would be so detrimental to students in Utah" — circulated through Salt Lake City by fax and e-mail Monday, building a wave of resentment among legislators, state officials said.

"I find it odd the threat of sanction would take away funds from the poorest schools," state Senate President John L. Valentine said before the final vote.

State Sen. Thomas Hatch, the bill's Republican sponsor in the Senate, emphasized during floor debate, "Nowhere in this legislation does it say we are opting out of NCLB. I don't think we're going to jeopardize federal funding. We're simply going to try to negotiate the best possible situation we can [with the federal government] and maintain control [of state education]."

Mrs. Spellings' implied threat of a funding cutoff propelled a backlash as the special legislative session convened.

"This is an extraordinarily worded letter," said state Rep. Margaret Dayton, a Republican and primary sponsor of the bill.

She said denunciation of Utah legislation by a federal official was an "unwarranted intrusion" on state autonomy, especially because local school districts and state taxpayers shoulder 100 percent of the responsibility and about 90 percent of the cost of Utah's 803 public schools.

The Education Department refused to comment.

Mrs. Dayton noted in House debate yesterday afternoon that Mrs. Spellings' letter stated in the first paragraph that passage of the Utah bill "does not guarantee non-compliance with the No Child Left Behind Act," thus federal funds would not be withdrawn.

"While the enactment of the bill itself does not guarantee non-compliance with NCLB, the implementation of a number of its provisions is likely to cause conflicts and trigger the consequences" of funding cutoff, Mrs. Spellings wrote.

"Utah provided binding assurances that it would comply with all NCLB requirements," so conflicts between Utah and the federal government on any issues could cause funding cutoff, she wrote.

In the letter's 25-line third paragraph, Mrs. Spellings warned that the department probably would cut off at least $76 million in federal funds this year for low-income school districts and teacher training in Utah under the Elementary and Secondary Education Act (ESEA) if the Legislature passed the bill.

In the Legislature's regular session last month, Mrs. Dayton's bill was unanimously adopted by the 73-member House, but Republican Gov. Jon Huntsman Jr., who is expected to sign the measure today, requested the state Senate to delay action and allow time for negotiations between Utah and Washington.

The discussions stalled over federal officials' insistence that Utah implement annual achievement standards mandated in the federal law in all the state's public schools, including an estimated 600 that do not receive federal ESEA funds.

In her letter, Mrs. Spellings criticized Utah's failure to close the achievement gap between white and minority students.

She pointed to a disparity in reported math achievement in 2003 under the state's standardized test and the National Assessment of Educational Progress (NAEP) required under No Child Left Behind.

Under the state test, 74 percent of white eighth-graders and 47 percent of Hispanics were reported "proficient or advanced" in math, while just 34 percent of white and 7 percent of Hispanic eighth-graders were "proficient or advanced" on the NAEP math test.

Mrs. Dayton said yesterday that greater progress in closing the gap was prevented because the state's own education reforms were "not totally implemented. All our efforts were put on hold to implement NCLB."



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