Federal Legislative Report 112-1

Distributed via Email: January 20, 2012

This is the first issue of IASB’s Federal Legislative Report. Published weekly when Congress is in session, these reports will be used to forward information on federal issues from the National School Boards Association and other federal sources.  

After a long holiday break, the U.S. House of Representatives reconvened on Tuesday, Jan. 17. The U.S. Senate reconvenes on Monday, Jan. 23. This report reviews the Elementary and Secondary Education Act (ESEA)/No Child Left Behind (NCLB) Reauthorization proposals to date.

ESEA/NCLB Legislative Proposal Updates

On, Friday, Jan. 6, the House Committee on Education and the Workforce released its ESEA discussion draft to address accountability, teacher effectiveness and the remaining components of the current NCLB law. The House decided last year that they were going to reauthorize ESEA through several bills instead of one package. The Senate has opted for one package, which they introduced in October.

The House introduced several other pieces of their package last year and passed them out of Committee, but only one piece has passed the full House:

H.R. 2218Charter Schools – This is the only piece that has passed out of the House and signed into law. NSBA opposed this legislation because it would foster the expansion of charter schools outside the traditional school boards authority , potentially reducing federal support to traditional public schools. It also establishes a new $300 million competitive grant program for states, charter school boards, and governors, which siphons very scarce dollars away from mandated federal education programs.

H.R. 2445Funding Flexibility – NSBA supported this piece of legislation that would provide greater flexibility to states and local school districts in re-directing federal funds. This legislation passed out of the House Education and Workforce Committee back in July. No word on when it will be considered on the House floor.

H.R. 1891Education Spending Act – NSBA opposed this legislation because it proposed significant reductions in federal funding to public education programs. This legislation passed out of the House Education and Workforce Committee back in May.   No word on when it will be considered on the House floor.

This latest piece, introduced by the House Education and Workforce Committee Chairman John Kline (R-MN), is considered a “discussion draft,” so it does not have a bill number yet. The legislation would:

Establish a new accountability system that delegates authority and flexibility to states and locals school districts and provides for adequate time to design, develop and implement strategies over a 6-year time frame.

However, the bill also contains two key provisions that could adversely impact local school district operations:

Additionally, NSBA is concerned that the issue of state accountability for ensuring that local school districts have the capacity to successfully carry out their accountability responsibilities has not been adequately addressed.

The Senate bill, which does not have a bill number yet, passed out of the Senate Health, Education, Labor and Pensions (HELP) Committee in October . There are significant features of the bill that both support raising student achievement while eliminating serious counter-productive requirements contained in current law. Those include:

Although positive in direction, these broad components must be refined, including greater recognition for local flexibility and school district capacity, in order to fully achieve the desired goals.