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September 8, 2011 – Today, Nebraska’s Senator Ben Nelson announced he has urged the U.S. Department of Education to give Nebraska’s schools the flexibility they need to best serve students.
Nelson wrote a letter to U.S. Education Secretary Arne Duncan to insist that, in considering criteria for granting waivers to the flawed No Child Left Behind Act, the Department of Education not make the same mistakes that were made in crafting the law.
“I hope your agency will reflect on the structural hurdles being faced by Nebraska and other rural states, and thoroughly consider the wisdom of compelling states to enact one-size-fits-all regulations similar to those from which the Administration is proposing relief,” Senator Nelson wrote in the letter.
The Administration acknowledges that the No Child Left Behind accountability measures are placing unfair burdens on many schools. The Department of Education is now writing rules to determine which states should be granted waivers.
No Child Left Behind was passed by Congress and signed into law by President Bush in 2001.
“I voted against NCLB because I believed it would place an unfunded mandate on states to meet inappropriate federal standards for school accountability. I appreciate the Administration’s acknowledgement that the NCLB accountability measures are flawed and agree with the general concept of alleviating these burdens on state and local education agencies,” Nelson wrote in the letter.
Nelson named a number of structural features of Nebraska’s education system as reasons it is difficult for the state to comply with the federal law, including that NCLB rewards states with charter schools while Nebraska does not have a charter school law, Nebraska has smaller grant writing staff at the state and local levels, and Nebraska is facing teaching and administrative workforce shortages.
Nelson concluded the letter by writing that the Department of Education should consider “the best ways to grant waivers from NCLB to state governments, and not force states to implement federal policy recommendations which I, other Members of Congress, and the Administration all believe are flawed and often times damaging to the success of our nation’s schoolchildren.”
Full text of the letter follows:
The Honorable Arne Duncan, Secretary
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202-0008
Dear Mr. Secretary:
This letter is regarding the U.S. Department of Education’s recent proposal to grant waivers to state governments from upcoming sanctions included as part of the No Child Left Behind Act (NCLB), 20 U.S.C. § 6301. I am hopeful the Department will craft a waiver process which takes into account the various methods and stages of reform that states are using to improve educational outcomes in their local schools and which allows for the greatest amount of participation, including from my home state of Nebraska.
I voted against NCLB because I believed it would place an unfunded mandate on states to meet inappropriate federal standards for school accountability. I appreciate the Administration’s acknowledgement that the NCLB accountability measures are flawed and agree with the general concept of alleviating these burdens on state and local education agencies – presumably through Section 9401 of NCLB – in the absence of Congressional action to reauthorize the Elementary and Secondary Education Act, 20 U.S.C. § 6301.
I believe in accountability and excellence in education, and Nebraska has shown progress in improving its already strong elementary and secondary educational system. However, long-standing foundational features from Nebraska’s educational system have sometimes made it difficult for the state to comply with the federal government’s concepts for school reform. For example, in the Race To The Top competitive grant program, the Education Department rewarded states with charter schools to the detriment of those states without them, such as Nebraska, where no charter law exists. Smaller grant writing staff at the state and local levels, as well as teaching and administrative workforce shortages, are other challenges Nebraska faces when applying for competitive federal grant programs. In spite of these hurdles, the Nebraska Department of Education has twice applied for the Race To The Top program, demonstrating its willingness to pursue innovative federal opportunities.
As the U.S. Department of Education considers the fine print of its NCLB waiver plan, I hope your agency will reflect on the structural hurdles being faced by Nebraska and other rural states, and thoroughly consider the wisdom of compelling states to enact one-size-fits-all regulations similar to those from which the Administration is proposing relief. It would be misguided, I believe, to mandate compliance with the Common Core learning standards sponsored by the National Governors Association, particularly if states have adopted comparable or parallel standards, as certified by prominent national education reform experts and institutions of higher education, as Nebraska has.
Finally, the Department of Education should consider that states are learning to administer their education departments more efficiently amidst budget cuts and may not have the staff resources to quickly comply with lengthy federal regulations or achieve legislative reforms prior to NCLB sanctions. In the American Recovery and Reinvestment Act, 26 U.S.C. § 1, the law paired emergency education funding with a requirement that states provide assurances to meet requirements for supporting struggling schools and improving equity in teacher distribution, the collection and use of data, and standards and assessments, all of which were later verified. This process acknowledged that some states were further along in their implementation of federal laws – such as the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science (America COMPETES) Act, 20 U.S.C. § 9801 – but that exigent circumstances would still require immediate relief.
In conclusion, I hope the Department of Education will reflect upon this letter when considering the best ways to grant waivers from NCLB to state governments, and not force states to implement federal policy recommendations which I, other Members of Congress, and the Administration all believe are flawed and often times damaging to the success of our nation’s schoolchildren. Thank you for your consideration, Mr. Secretary. I look forward to your response.
Sincerely,
E. Benjamin Nelson
United States Senator
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