69ý

Federal

Kennedy Bill Would Give States, Districts Leeway

September 23, 2004 3 min read
  • Save to favorites
  • Print
Email Copy URL

Continued on Page art dept: allow for bleed when page is drawn.

The Democratic bill addresses a range of issues, such as giving states greater say in setting the qualifications for providers of supplemental educational services-including private tutoring-under the law, and easing the demands on districts that face the law’s school choice mandate but lack spaces for student transfers. The bill’s lead sponsor, Sen. Edward M. Kennedy of Massachusetts, was one of the four primary congressional architects of the federal law.

"[O]n top of the broken promises to provide schools the resources they need to get the job done right, the administration has undermined the efforts of schools to comply with the law, and crippled reforms through its ineffective implementation effort,” Sen. Kennedy contended in introducing the bill on Sept. 13. It was co-sponsored by seven other Democrats on the Senate Health, Education, Labor, and Pensions Committee.

The bill didn’t exactly come out of the blue. In January, Mr. Kennedy and other Democrats sent a lengthy letter to Secretary of Education Rod Paige outlining many of the same concerns.

“Its legislative prospects here are dim, but the mere fact that it had to be introduced is a real indictment of the Bush administration and how they’ve handled this,” said Andrew J. Rotherham, the director of education policy at the Progressive Policy Institute, a think tank aligned with the centrist Democratic Leadership Council.

Mr. Rotherham, a strong backer of the law, said the bill addresses “some pretty common-sense stuff.”

But Susan Aspey, a Department of Education spokeswoman, said the Democrats’ effort “sounds like more special-interest-driven politics. The fact of the matter is that in just two short years under No Child Left Behind, schools across the nation are showing significant academic improvements.”

The ‘Dustbin’

The plan also came under fire from an influential Republican lawmaker: Sen. Judd Gregg of New Hampshire, the chairman of the education committee.

“This was cobbled together from policies pulled from the dustbin and the reject pile,” said Gayle Osterberg, a spokeswoman for Sen. Gregg. “Most unfortunate is the effort to roll back school choice, a cynical attempt to indefinitely sentence students to failing schools.”

Under the Democratic bill, the obligation for districts to provide school choice under the No Child Left Behind law would be subject to all applicable health- and safety-code requirements. The plan also would authorize grants for school construction and renovation to help districts that have difficulty accommodating new students because of overcrowded schools.

The bill would clarify that states may require providers of supplemental education services under the No Child Left Behind law to meet the same qualification requirements as public school teachers. The Education Department has barred states from doing that.

In addition, the bill would require that all states offer veteran teachers an alternative approach to meet the law’s mandate on “highly qualified” teachers. The law allows states to develop a “high, objective, uniform state standard of evaluation,” or housse, for veterans to demonstrate subject-matter competence without going back for more schooling or passing a subject-matter test. Sen. Kennedy said 15 states still don’t offer that option.

The plan would create a grant program to help states design and improve assessments for students with disabilities and those with limited English proficiency. And it would require states to report to the federal government graduation-rate data, including breaking that data down by various subgroups of students.

It also reiterates an earlier proposal by Mr. Kennedy to allow states to apply retroactively recent federal rules changes issued by the Education Department. Those changes have made it easier for some schools to make adequate yearly progress, as required under the law. (See “Bill Would Make ‘No Child’ Flexibility Retroactive,” June 23, 2004.)

“It’s important to acknowledge what this bill does not do,” Sen. Kennedy said on the Senate floor. “It does not make fundamental changes to the requirements under No Child Left Behind. Those reforms are essential to improving our public schools.”

Jim Manley, a spokesman for Mr. Kennedy, said the Democrats do not expect action on the bill this year.

“This was done to lay down some markers,” he said, and “highlight the concerns.”

Events

School & District Management Webinar Crafting Outcomes-Based Contracts That Work for Everyone
Discover the power of outcomes-based contracts and how they can drive student achievement.
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
School & District Management Webinar
Harnessing AI to Address Chronic Absenteeism in 69ý
Learn how AI can help your district improve student attendance and boost academic outcomes.
Content provided by 
School & District Management Webinar EdMarketer Quick Hit: What’s Trending among K-12 Leaders?
What issues are keeping K-12 leaders up at night? Join us for EdMarketer Quick Hit: What’s Trending among K-12 Leaders?

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.

Read Next

Federal What a National School Choice Program Under President Trump Might Look Like
School choice advocates—and detractors—see a second Trump term as the biggest opportunity in decades for choice at the federal level.
8 min read
President Donald Trump listens during a "National Dialogue on Safely Reopening America's 69ý," event in the East Room of the White House, on July 7, 2020, in Washington.
President Donald Trump listens during a "National Dialogue on Safely Reopening America's 69ý," event in the East Room of the White House on July 7, 2020, in Washington. He returns to power with more momentum than ever behind policies that allow public dollars to pay for private school education.
Alex Brandon/AP
Federal Trump's Education Secretary Pick Is Linda McMahon, Former WWE CEO
McMahon led the Small Business Administration in Trump's first term and is co-chair of the president-elect's transition team.
6 min read
Small Business Administration Administrator Linda McMahon speaks during a news conference with President Donald Trump in Trump's Mar-a-Lago estate in Palm Beach, Fla., Friday, March 29, 2019.
Then-SBA Administrator Linda McMahon speaks during a news conference with President Donald Trump at Trump's Mar-a-Lago estate in Palm Beach, Fla., Friday, March 29, 2019. Trump has tapped McMahon to serve as education secretary in his second term.
Manuel Balce Ceneta/AP
Federal What Could RFK Jr. as HHS Secretary Mean for School Vaccine Requirements?
The vaccine skeptic in line to lead the mammoth federal agency could influence schools' vaccine rules, even though they're set by states.
6 min read
Robert F. Kennedy, Jr., speaks before Republican presidential nominee former President Donald Trump at a campaign event, Friday, Sept. 27, 2024 in Walker, Mich.
Robert F. Kennedy, Jr., speaks before President-elect Donald Trump at a campaign event on Sept. 27, 2024 in Walker, Mich. Trump has selected Kennedy to serve as secretary of health and human services in his second term.
Carlos Osorio/AP
Federal Can Trump Force 69ý to Change Their Curricula?
Trump's bid to take money from schools that teach "critical race theory" or pass policies for transgender kids raises legal complexities.
9 min read
Republican presidential nominee former President Donald Trump speaks on crime and safety during a campaign event at the Livingston County Sheriff's Office, Tuesday, Aug. 20, 2024, in Howell, Mich.
Republican presidential nominee former President Donald Trump speaks on crime and safety during a campaign event at the Livingston County Sheriff's Office, Tuesday, Aug. 20, 2024, in Howell, Mich.
Evan Vucci/AP