Louisiana Takes Action to Fix Federal NCLB Law

Changes/Waivers Requested

Action Type: Legislation

Description of Action: House Concurrent Resolution 30: Memorializes Congress to amend NCLB so that paraprofessionals working in Title I schools prior to NCLB are deemed highly qualified. It is stated that NCLB’s requirements may create a financial burden and other challenges upon paraprofessionals, especially those in rural areas, which has resulted in them leaving schools for other employment. (Passed)

Status of Action: Passed, presented to Secretary of State 2/20/06

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Changes/Waivers Offered

Action Type: Official Action

Description of Action: In hearings before the Congress, Assistant Secretary of Elementary and Secondary Education Henry Johnson and Secretary Spellings testified on the agency's response to Hurricanes Katrina and Rita. Johnson (speaking just days before Rita made landfall) deftly outlined the flexibility and waivers granted to the most affected states as well as reiterated the administration's funding proposal for K-12 students, while Spellings (speaking post-Rita) announced two "temporary options" on certain aspects of adequate yearly progress (AYP). States may adopt one or both.

• Option 1: Exercise Existing Natural Disaster Provisions of NCLB. The No Child Left Behind Act allows a school or school district to delay, for up to one year, its school improvement timeline if the reason for not making AYP is "due to exceptional or uncontrollable circumstances, such as a natural disaster..." Consequently, any state or district with schools (1) that are located in the "major disaster" areas declared by President Bush [Alabama, Florida, Louisiana, Mississippi, and Texas] and (2) that have been closed for a significant period of time as a result of damage from Hurricanes Katrina or Rita may implement this delay for the 2005-06 school year without a federal waiver. In addition, the Secretary is willing to consider waivers for other schools and districts that have been adversely affected by the hurricanes due to enrolling large numbers of displaced students and/or other factors.

• Option 2: Establish a Separate Subgroup for Displaced Students. For the 2005-06 school year, the Secretary is willing to consider waiver requests from states for schools or districts heavily impacted by the hurricanes that would allow them to establish a separate subgroup of displaced students for NCLB accountability and reporting purposes. (If a waiver is granted, the state could decide not to include those students in any other subgroup.) Then, once test results are in at the end of the school year, the Department, in conjunction with the affected states, will make decisions about school and district accountability. Having separately identified achievement information will facilitate informed decisions about how such students performed and how, and to what extent, accountability determinations should be applied next year.

Status of Action:

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Cost or Participation Study

Action Type: Legislation

Description of Action: State House of Representatives introduced HCR77 which requests a cost study be conducted by the State Board of Elementary and Secondary Education to study cost issues relative to implementation of NCLB, and to determine any potential costs associated with changing the stateâ€™s school and district accountability system to comply with NCLB, and if the state decides not to comply with the act, any potential loss in federal funding

Status of Action: presented to Secretary of State 5/24/04

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Changes/Waivers Requested

Action Type: Legislation

Description of Action: State House of Representatives introduced HCR88 which requests that the State Board of Elementary and Secondary Education revise the definition of â€œhighly qualifiedâ€ teacher, which was developed and adopted by the board under NCLB, to be similar to the definitions used in Ohio and Arkansas

Status of Action: presented to Secretary of State 5/24/04

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Full Funding Resolution

Action Type: Legislation

Description of Action: State House of Representatives introduced HCR20 which calls on Congress to support a budget that will fully fund the mandates of NCLB

Status of Action: passed House on 4/20/04, passed Senate, sent to Congress

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Full Funding Resolution, Opt Out

Action Type: Legislation

Description of Action: State House of Representatives introduced HCR13 which expresses the right of Louisiana to not comply with NCLB unless Congress provides full funding

Status of Action: passed House on 4/20/04, passed Senate, sent to Congress

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Full Funding Resolution, Opt Out

Action Type: Legislation

Description of Action: State House of Representatives introduced HCR12 which expresses the right of Louisiana to not comply with NCLB unless Congress provides full funding

Status of Action: passed House on 4/20/04, passed Senate, sent to Congress

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