CAT Tracks for February 6, 2004 MORE ON NCLB

Couple of articles on our favorite law...

'No Child' rebellion picking up momentum

By Ronnie Lynn
The Salt Lake Tribune

Opposition to President Bush's No Child Left Behind education law is gaining traction, and Republicans -- even in GOP strongholds such as Utah -- are among those digging in deepest.

The schism sets the stage for an unusual confrontation between administration officials and Utah legislators, who have taken the strongest action to date against the education-reform law that the president touts as one of his top domestic accomplishments.

A Utah House committee last week unanimously advanced a bill sponsored by Rep. Margaret Dayton, R-Orem, to opt out of the law and forfeit at least $103 million it provides for programs and services that target disadvantaged students. House Bill 43 probably won't be debated on the floor until after a meeting Friday between lawmakers and officials from the U.S. Department of Education.

Utah isn't alone.

According to the National Conference of State Legislatures, Republican lawmakers in Arizona, Indiana, Virginia, Wisconsin and Vermont have joined Democratic counterparts in a handful of other states in launching measures that oppose provisions of the 2-year-old law.

Some observers say the bipartisan backlash could spell trouble for Bush this November.

"The president thought this bill would help him with his re-election, but I believe he gained maximum credit on this bill on the day he signed it," said Jack Jennings, director of the Center on Education Policy, a Washington think tank. "Now that we're into implementing a lofty law with difficult provisions, he will not get the credit he hoped to get, and, in fact, he might be tarnished by the controversies."

Beltway Republicans, meanwhile, say the rebellion in the states is directed at the U.S. Department of Education, not Bush. Department officials interpreted the law too narrowly when they developed guidelines for state implementation, said U.S. Rep. Chris Cannon, R-Utah.

"The department has the flexibility to take care of states like Utah. We need the bureaucrats to figure out Utah does a pretty good job and we want to do it our way," he said. "It's also clear the White House does not want the state that had [one of] the largest margins for Bush [in the 2000 election] backing out on a program."

A Utah political scientist says the state measures do target Bush -- at least partly.

"This is one of those issues where there's a tension between what a party would like to do and what its ideological roots are," said Kelly Patterson, an associate professor and head of Brigham Young University's political science department. "Local control. That's the rub. He had to show national leadership, and that means treading on states."

Dayton and Utah Republican leaders have taken the unusual step of refusing to discuss HB43 publicly until after their meeting Friday with federal officials. Dayton has said the law's federal intrusion, unrealistic expectations and potential drain on state school funds prompted her to sponsor the legislation.

Congress passed the law with bipartisan support in 2001, but many Democrats -- including presidential candidates John Kerry of Massachusetts and John Edwards of North Carolina -- have softened their endorsements after seeing how the law has affected schools. Both say schools need more federal funding to carry out the mandates.

A Kerry spokesman said Wednesday that the Democratic front-runner would reform the law to include more money and "assure schools focus on teaching to high standards and not drill-and-kill test prep."

States, districts and schools have been complaining about the law's strict testing requirements since the Education Department began issuing its guidelines. Even so, the Bush administration has resisted pleas to amend the law or its guidelines.

"Some want to undermine the No Child Left Behind Act by weakening standards and accountability," said Bush in last month's State of the Union speech. "Yet the results we require are really a matter of common sense. We expect third-graders to read and do math at the third-grade level, and that's not asking too much."

McKell Withers, superintendent of Salt Lake City schools, likened HB43 to a game of chicken, and he had some advice for Utah lawmakers: Swerve -- because Washington won't.

"There is a legend [at the Legislature] that if you time this just right you can opt out but not lose any funding," Withers said. "But I doubt [the federal government] is going to say, 'We thank you for making this a huge political issue, we accept your apology and here's your money.' "

rlynn@sltrib.com
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Tribune reporter Linda Fantin contributed to this report.

Statement by National Education Association (NEA) President Reg Weaver on President's Fiscal Year '05 Budget

"On behalf of our 2.7 million members, NEA is profoundly disappointed that President Bush has proposed the smallest increase for education in nine years. This comes at a time when schools and states are being hammered by budget cutbacks and rising demands, despite the fact that the public is increasingly supportive of a greater federal investment in education.

"The Bush administration and Congress promised that our nation’s public schools would receive the resources needed to reach the lofty goals of the so-called 'No Child Left Behind' Act for all children. Instead, we see an election-year budget filled with continued broken promises and gimmicks.

"After proposing cuts for the last two years, the President is now asking for a virtual freeze in 'No Child Left Behind' funding. The paltry 1.8 percent increase he is proposing in no way meets the federal government's obligation to fund the new law and, in fact, falls short of promised levels of funding by more than $9 billion for the coming year.

"While the Administration claims to have provided record-setting amounts for education, it is telling only half the story. As many policymakers and the public are realizing, 'No Child Left Behind' forces cash-strapped schools to spend huge sums of money that more than eat up any increase provided by the federal government.

"The Administration’s budget priorities reveal a double standard, shifting money away from vital education programs while supporting an ideological agenda. The budget eliminates funds for 38 programs, including dropout prevention and gifted and talented education, and once again fails to increase Pell Grants for our nation’s poorest college students. Yet, incredibly, the President wants $50 million for a national experiment with school vouchers, which take away much needed resources from public schools, and trillions more in tax cuts for the wealthy.

"Ensuring great public schools for our nation’s schoolchildren requires more of a commitment from the federal government to pay for small class sizes, well-trained teachers, early childhood education, and safe and modern classrooms. NEA calls on Congress to put politics aside and refocus the nation’s priorities on strengthening public education, reducing the growing national deficit and addressing other critical needs."

NEA will have available a detailed analysis of education and other provisions in the Bush FY05 budget later this week. For more information, contact Daniel Kaufman at (202) 822-7268.