Arizona Takes Action to Fix Federal NCLB Law

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Action Type: Legislation

Description of Action: SB 1180 directs any school district, charter school or other public school that does not accept federal monies for the implementation of the no child left behind act of 2001 (P.L. 107-110; 115 Stat. 1425) may opt out of participation in the mandates of the no child left behind act of 2001 by notifying the superintendent of public instruction in writing at any time that the public school will not be participating in or be subject to the no child left behind act of 2001.

Status of Action: Second Read - 1/22/07

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Legal Action

Action Type: Lawsuit

Description of Action: "Arizona is suing the federal government to be allowed to continue giving schools a three-year delay before English-language learning students' test scores must be counted in a key accountability measure used by the federal No Child Left Behind program.

The U.S. Department of Education agreed in 2003 to the three-year allowance in determining whether schools had made adequate progress in academic achievement but since has reneged and insisted on counting ELL students' test scores after only one year, state Superintendent of Public Instruction Tom Horne said Thursday."
- Associated Press, July 6, 2006

Status of Action:

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Action Type: Legislation

Description of Action: State Senate introduced SB1326, which allows any school district, charter, or other public school that does not accept federal money for the implementation of NCLB to opt out of the mandates by notifying the superintendent in writing.

Status of Action: Assigned to Rules Committee 1/25/06

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Changes/Waivers Requested

Action Type: Official Action

Description of Action: “At least one-fifth of the states say they plan to apply for a pilot program that would let them use a measure of student growth over time to help determine whether schools and districts have met their annual achievement targets under the federal No Child Left Behind Act.

Many other states, moreover, appear eager—judging from their participation in recent conference calls and meetings on the topic—at least to explore the possibility of applying for the ‘growth models’ pilot. U.S. Secretary of Education Margaret Spellings announced the program in November, following pressure from states and education groups. (“U.S. to Pilot New Gauge of ‘Growth’," Nov. 30, 2005.)

Officials in Alaska, Arizona, Florida, Indiana, New Hampshire, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, and Utah all told Education Week that they were planning to apply for the pilot initiative. The Department of Education released further guidance on the program, which has a Feb. 17 deadline for applications, on Jan. 27. As many as 10 states could take part after going through a peer-review process.”
- Education Week, February 1, 2006

Status of Action: Secretary of Education has approved for peer review process

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Changes/Waivers Requested

Action Type: Official Action

Description of Action: ARIZONA CHIEF REVEALS SECRET NCLB AGREEMENT WITH U.S. DEPARTMENT OF EDUCATION:

U.S. Department of Education compliance officers have requested that Arizona incorporate the state test scores of English language learners into federal adequate yearly progress (AYP) calculations as required by NCLB, a change that could cause an additional 150 schools in the state to be labeled as â€œin need of improvement.â€ At issue is a conflict between an Arizona law that requires all students to take state exams in English, and NCLBâ€™s provision allowing ELL students to be tested in their native language for their first three years in school. Because of the conflict and the questionable validity of tests administered in English to foreign-speaking students, state leaders contend that federal officials gave them a secret exemption from that particular requirement. It appears that this exemption was not communicated to the compliance officers who ensure that states are meeting federal requirements. According to published reports about the ELL exclusion this week in the ArizonaRepublic, â€œ Arizona is the only state granted such a compromise. [State Superintendent of Education Tom] Horne said that is why federal negotiators didnâ€™t want it in writing: â€˜They didnâ€™t want other states copying it.â€™â€ According to the newspaperâ€™s account, the federal official responsible for overseeing the NCLB accountability plans, Darla Marburger, â€œwas not willing to discuss what she called â€˜the Arizona issueâ€™ in detail.â€
- Arizona Republic, August 25, 2005

Status of Action:

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Action Type: Legislation

Description of Action: State Senate introduced SB1304 which would allow a school district or charter school to notify the superintendent of public instruction in writing any time that the school district or charter school will not be participating in or be subjected to the NCLB Act of 2001

Status of Action: assigned to Rules Committee 1/27/05

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Changes/Waivers Requested, Full Funding Resolution

Action Type: Legislation

Description of Action: State Senate introduced SCM1006, which asks the President and Congress to: commit to mandatory full funding of the Individuals with Disabilities Act (IDEA) and NCLB; clarify assessments of students with disabilities in reauthorization of IDEA; work closely with the state to address concerns with NCLB including waivers, options, modifications of state plans and other implementation concerns; ensure the definition of highly qualified teacher does not exacerbate teacher shortage; and appropriate monies to cover all the costs of NCLB

Status of Action: last action on the bill took place on 5/26/04

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Action Type: Legislation

Description of Action: State House of Representatives introduced HB2594 which would have Arizona "opt out" of NCLB participation

Status of Action: last action on the bill took place on 3/11/04

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Action Type: Legislation

Description of Action: State House of Representatives introduced HB2696 which would have Arizona "opt out" of NCLB participation

Status of Action: last action on the bill took place on 2/17/04

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