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New Hampshire Takes Action to Fix Federal NCLB Law


Changes/Waivers Requested, Full Funding Resolution

Action Type: Legislation

Description of Action: "One of the proposed warrant articles on the Shaker Regional School District agenda has drawn attention from Washington.

The article, a non-binding resolution, recognizes the goals of the No Child Left Behind mandates to raise academic achievement, but says the law itself has some serious flaws and that include unfunded mandates and 'costly testing of students with misleading results.'" - Laconia Citizen, 3/8/07

Status of Action:

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Cost or Participation Study

Action Type: Legislation

Description of Action: State Legislature introudced LSR 467, a bill to establish a committee to study the ramifications of New Hampshire terminating its participation in the No Child Left Behind Act.

Status of Action: Posted - 12/04/06



Changes/ Waivers Requested

Action Type: Legislation

Description of Action: State Senate introduced SCR 2, a resolution urging Congress to amend the No Child Left Behind Act. A resolution urging Congress to amend the No Child Left Behind Act.

Status of Action: Introduced and referred to education committee - 1/4/07

Click here to read full text of bill *



Legal Action

Action Type: Show of support

Description of Action: State Legislature introduced LSR2805 a resolution calling on the state to join Connecticut's lawsuit against the federal government regarding the No Child Left Behind Act

Status of Action: Withdrawn



Opt Out

Action Type: Legislation

Description of Action: State Legislature introduced LSR2950 which would prohibit the acceptance or expenditure of any funds obtained under the No Child Left Behind Act.

Status of Action: withdrawn



Changes/Waivers Requested

Action Type: Legislation

Description of Action: House Bill 646: Provides that teachers and paraprofessionals deemed highly qualified are deemed such in all New Hampshire districts. Provides that no teacher or paraprofessional shall be dismissed or nonrenewed solely for failure to meet the highly qualified criteria of NCLB so long as the teacher or paraprofessional possesses a valid license or certification, and creates a highly qualified teacher oversight commission. (carry over bill from 2005)

Status of Action: House Education Committee

Click here to read full text of bill *



Cost or Participation Study

Action Type: Legislation

Description of Action: Representative Balboni introduced HB1288, a bill which directs the New Hampshire Office of the Legislative Budget Assistant to conduct an audit of all Federal Funds received by the U.S. Department of Education. Specifically the bill requires that all money received under NCLB be detailed separately from all other federal education money, and that an analysis be conducted to determine the actual costs of implementing NCLB.

Status of Action: Referred to finance committee 1/24/06

Click here to read full text of bill *



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:

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Changes/Waivers Requested

Action Type: Legislation

Description of Action: The New Hampshire State Senate introduced SCR7, a resolution urging Congress to amend the No Child Left Behind Act in accordance with the recommendations of the National Conference of State Legislatures' task force on NCLB and in a manner that allows states, such as New Hampshire, to continue to work toward the goal of closing the achievement gap without the coercion of losing federal funds.

Status of Action: In Committee as of 1/10/2006

Click here to read full text of bill *



Changes/Waivers Requested

Action Type: Official Action

Description of Action: The Education Department has reversed its earlier decision not to permit three New England states to forego testing under the No Child Left Behind Act this year and now will allow New Hampshire, Rhode Island and Vermont to skip the process. The three states did not test their elementary and middle school students for the 2004-05 school year because they were transitioning to the new, jointly developed New England Common Assessment Program (NECAP), a first-of-its-kind testing coordination among states.)

- Education Daily, July 26, 2005

Status of Action:



Cost or Participation Study

Action Type: Official Action

Description of Action: In one of the first NCLB cost studies conducted, the New Hampshire School Administrators Association found that meeting the law's requirements would cost the state about $500 per student.

Status of Action:

Read a related statement *



Changes/Waivers Requested

Action Type: Official Action

Description of Action: With less than a month left of school, three New England states must administer No Child Left Behind testing this spring for elementary and middle school students, despite having no plan to do so.

In the letter dated Sept. 10, 2004, New Hampshire, Rhode Island and Vermont asked the U.S. Department of Education for flexibility based on the accountability and assessment cycle. The letter was signed by Nick Donohue, former commissioner of education in New Hampshire, Peter McWalters, Rhode Island commissioner and Richard H. Cate, Vermont commissioner...

...Foster's Daily Democrat learned Wednesday the request to postpone testing was denied; however officials in Rhode Island and New Hampshire were unaware of any decision and moved forward with their plan as presented. It is unclear whether Vermont is aware of the situation, but lower grade students in the state have not been tested.

- "Feds won't OK state's 'No Child Left Behind' plans", Foster's Daily Democrat, May 26, 2005.

Status of Action:

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Prohibit Use of State Funds

Action Type: Legislation

Description of Action: State House of Representatives introduced HB786, a bill prohibiting the state board of education and department of education from adopting any new administrative rules or regulations or amending any existing administrative rule or regulation for the purpose of complying with NCLB if such compliance would require funding from the general fund

Status of Action: last action in Senate Committee 1/28/04

Click here to read full text of bill *