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From the ECS State Policy Database
No Child Left Behind--Reauthorization Issues/Waivers


Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format.

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

State Status/Date Level Summary
HIAdopted 06/2012P-12Requests the board of education and department of education to (1) apply to the U.S. Department of Education for a waiver from No Child Left Behind requirements, (2) develop a plan to improve and attain high student achievement that would be submitted with the waiver application, (3) provide legislative leaders with an update once the application for a waiver is filed and when any response is received from the U.S. Department of Education; and (4) conduct an informational briefing on the status of the waiver application before the senate and house education committees during the 2013 regular session.
http://www.capitol.hawaii.gov/session2012/bills/SCR120_SD1_.pdf
Title: S.C.R. 120
Source: www.capitol.hawaii.gov

IDAdopted 03/2012P-12House Joint Memorial asking the U.S. Congress to repeal the No Child Left Behind Act. http://legislature.idaho.gov/legislation/2012/HJM008.pdf
Title: H.J.M. 8
Source: legislature.idaho.gov

ALSigned into law 04/2010P-12Urges the Congress of the United States, in the course of reauthorizing the Elementary and Secondary Education Act (ESEA), to direct federal funding thereunder in accordance with current funding formulae.
Title: S.J.R. 159
Source: www.lexis.com

VASigned into law 03/2007P-12Requires the Board of Education to request a waiver from duplicative provisions of the No Child Left Behind (NCLB) Act that are fiscally and programmatically burdensome to school divisions and are not instructionally sound or in the best interest of children; allows the Board of Education and Office of the Attorney General of Virginia to bring suit against the United States Department of Education if, as a result of the Virginia's withdrawal from NCLB, funds that are not directly related to NCLB and that help children from low-income families meet challenging academic content and achievement standards are withheld . This bill is identical to SB 1212, which was also passed and sent to the governor. http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+HB2542ER; http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+SB1212ER
Title: H.B. 2542, S.B. 1212
Source: http://legis.state.va.us/

OKSigned into law 05/2006P-12Clarifies that testing for grades 3, 4, 6 and 7 is contingent on the availability of federal and state funds. Eliminates grade 3 stand-alone language arts test. Clarifies that grade 5 social studies assessment must include U.S. history, the Constitution and government, and geography. Adds a criterion-referenced test in geography in grade 7. Eliminates references to arts assessments.

Requires the grade 8 reading and math assessments to be administered online with raw score test results reported immediately and complete results reported in less than 2 weeks, beginning in the 2007-08 school year.

Adds English III end-of-course exam as requirement for high school diploma once test is implemented. Requires the end-of-course tests in English III, Geometry, and Algebra II to be developed and field tested during the 2006-07 school year, and implemented during the 2007-08 school year. Requires the the multiple choice portion of the end-of-instruction tests to be administered online with raw score test results reported immediately and complete results reported in less than 2 weeks beginning in the 2008-09 school year. Clarifies that only students who do not score at at least the satisfactory level are eligible to retake end-of-course tests. Increases number of possible retakes from once before graduation to up to 3 times each calendar year until at least achieving at the satisfactory level.

Provides that, beginning with students who enter grade 9 in the 2008-09 school year, districts must report the student's performance levels of satisfactory and above on the end-of-instruction tests, rather than the the highest achieved state test performance level, on the student's high school transcript.

Provides that state content standards must be aligned with American Diploma Project benchmarks.

Directs the state board to review, realign, and recalibrate, as necessary, the grade 3-8 tests in reading and math and the end-of-instruction tests. Directs the state board to determine the cut scores for the performance levels on the end-of-instruction tests, which must be phased in over a multi-year period. Directs the board to conduct an ongoing review to compare the end-of-instruction test content and performance descriptors with those of other states and, upon receipt of the review, to adjust the cut scores as necessary.

Directs the state board, for the purposes of conducting reliability and validity studies, monitoring contractor adherence to professionally accepted testing standards, and providing recommendations for testing program improvement, to retain the services of an established, independent agency or organization that is nationally recognized for its technical expertise in educational testing but is not engaged in the development of aptitude or achievement tests for elementary or secondary level grades. Requires these national assessment experts to annually conduct reliability and validity studies of the end-of-instruction tests. Provides that validity studies must include studies of decision validity, concurrent validity and the validity of performance level cut scores.

Moves deadline for vendor delivery of school, district and state assessment results from July 1 to September 1.

Eliminates obsolete/outdated language.
http://webserver1.lsb.state.ok.us/2005-06bills/SB/SB1792_ENR.RTF
Title: S.B. 1792 - Section 4
Source: webserver1.lsb.state.ok.us

KSAdopted 05/2006P-12Memorializes the President and Congress to make a serious commitment to improving the quality of the nation's public schools by substantially increasing its funding for the reauthorization of the No Child Left Behind Act of 2001, the Higher Education Act, the Individuals with Disabilities Education Act and other educational related programs.

Requests that the President, U.S. Congress and U.S. Department of Education offer the various states waivers, exemptions or whatever flexibility is possible regarding the requirements of the reauthorization of the No Child Left Behind Act of 2001, in any year that federal funding for public K-12 education is decreased to prevent states from spending state and local resources on activities that have not proven effective in raising student achievement and may not be the priority of an individual state.

Encourages other states to pass similar resolutions. Directs the secretary of state to send an enrolled copy of this resolution to the President of the United States, President of the U.S. Senate, Speaker of the U.S. House of Representatives, Secretary of the U.S. Department of Education and each member of the Kansas legislative delegation.
http://www.kslegislature.org/bills/2006/2006_1618.pdf
Title: S.C.R. 1618
Source: www.kslegislature.org

VASigned into law 04/2006P-12Encourages the president of the state board to request from the U.S. Department of Education, in calendar year 2006, the following waivers and exemptions of the statutory and regulatory requirements of the federal No Child Left Behind Act:
1. Additional flexibility for the Commonwealth to apply sanctions regarding supplemental services and public school choice.
2. The identification of schools in improvement to consider those schools that fail to make adequate yearly progress for two consecutive years in the same subject and for the same subgroup.
3. The modification of adequate yearly progress calculation policies to accommodate appropriate measures of progress for students with disabilities and those students who are limited English proficient.
4. The ability to count the passing scores of students on retests in the calculation of adequate yearly progress in a manner that increases the validity of adequate yearly progress determinations across tested grade levels.

Directs the president of the state board to make a report on the status of the above requests to the governor, the chairmen of the senate education and health and house education committees, and the chairmen of the senate finance and house appropriations committees no later than the first day of the 2007 session of the general assembly. Provides that if such report indicates that the U.S. Department of Education's response to the requests is unsatisfactory, the president of the state board must make recommendations to the governor and the general assembly regarding additional actions, which may include, but need not be limited to (i) the nullification and revocation of the Virginia Consolidated State Application submitted to the U.S. Department of Education; (ii) legal actions that may be taken by the Office of the Attorney General; and (iii) additional negotiations with the U.S. Department of Education. http://leg1.state.va.us/cgi-bin/legp504.exe?061+ful+CHAP0880
Fiscal impact statement: http://leg1.state.va.us/cgi-bin/legp504.exe?061+oth+HB1428FER122+PDF
Title: H.B. 1428
Source: http://leg1.state.va.us

WASigned into law 03/2006P-12Requires that, before the beginning of the 2006-07 school year, the superintendent of public instruction shall request flexibility from the United States department of education to conduct a pilot project with a limited number of local school districts regarding the academic assessments administered for the purpose of complying with P.L. 107-110, the No Child Left Behind Act of 2001. The superintendent shall request the flexibility to pilot, with no more than six school districts and for a specified length of time, an assessment other than the Washington assessment of student learning in grades three, five, six, and eight for reading and mathematics. The purpose of the pilot project is to determine whether a different assessment provides greater local control and flexibility while maintaining the testing standards and continuity of student performance measurement expected by the federal law. Provides that, if the request for flexibility is granted, the superintendent shall revise the Washington state accountability plan required under section 1111 of P.L. 107- 110 to incorporate the pilot project into the plan, and school districts participating in the pilot project shall not be required to administer the Washington assessment of student learning in grades three, five, six, and eight in reading and mathematics during the pilot project. At the end of the pilot project, the superintendent shall evaluate whether the assessment under the pilot project can be used on a statewide basis to comply with P.L. 107-110 and shall forward findings and recommendations to the legislature and to the United States department of education.
http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/House%20Passed%20Legislature/2414-S.PL.pdf
Title: H.B. 2414
Source: http://www.leg.wa.gov/

VASigned into law 03/2005P-12Directs the Board of Education to seek a waiver from compliance with those provisions of the federal No Child Left Behind Act that are duplicative of the Commonwealth's prior educational accountability system as set forth in the Standards of Quality, Standards of Learning, and Standards of Accreditation, or lacking in cost effectiveness, and that already comply with the spirit and intent of the federal act. http://leg1.state.va.us/cgi-bin/legp504.exe?051+ful+CHAP0013
Title: H.B. 2602, S.B. 1136
Source: http://leg1.state.va.us

MESigned into law 04/2004P-12(Senate Resolve) This resolve prohibits the Department of Education from using state funds to implement the policies of the federal No Child Left Behind Act of 2001.

The resolve also requires the Department of Education to investigate the costs and benefits of not participating in the federal No Child Left Behind Act of 2001. The resolve also requires the department to submit its findings to the Joint Standing Committee on Education and Cultural Affairs by March 15, 2004.



Title: S.P. 648
Source: StateNet