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Virginia Takes Action to Fix Federal NCLB Law
Changes / Waivers Requested, Opt Out, Legal Action
Action Type: Legislation
Description of Action: State House introduced HB 2542, Requiring the Board of Education to request a waiver from those provisions of NCLB that are not an integral part of the Commonwealth's existing educational accountability system as set forth in the Standards of Quality, Standards of Learning, and Standards of Accreditation. If a waiver is not received, the bill directs the Commonwealth to withdraw from NCLB and directs the Board of Education and Office of the Attorney General of Virginia to bring suit against the United States Department of Education if federal funds are inappropriately withheld as a result of the withdrawal.
Status of Action: Read for first time - 1/30/07
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Changes/Waivers Requested, Opt Out, Legal Action
Action Type: Legislation
Description of Action: State Senate introduced SB 1212 requiring the Board of Education to request a waiver from those provisions of NCLB that are not an integral part of the Commonwealth's existing educational accountability system as set forth in the Standards of Quality, Standards of Learning, and Standards of Accreditation. If a waiver is not received, the bill directs the Commonwealth to withdraw from NCLB and directs the Board of Education and Office of the Attorney General of Virginia to bring suit against the United States Department of Education if federal funds are inappropriately withheld as a result of the withdrawal.
Status of Action: Communicated to House - 1/30/07
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Opt Out
Action Type: Legislation
Description of Action: State Assemblyman Steve Landes introduced HB1427, a bill that directs the Virginia Board of Education to develop a plan to eliminate initiatives or conditions that are currently being funded by the federal act known as No Child Left Behind, unless such initiatives or conditions are an integral or necessary component of the Commonwealth's own Standards of Quality.
Status of Action: House enacted, 4/19/06
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Action Type: Legislation
Description of Action: State Assemblyman Steve Landes introduced HB1428, a bill which requests the state Board to request waivers and/or changes in the state plan including flexibility around offering choice and supplemental services, flexibility around including LEP and SPED students in AYP calculations and allows the state to bank test scores (e.g. allow multiple attempts). The board is required to report to the legislature on the status of these requests.
Status of Action: House enacted, 4/19/06
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Action Type: Legislation
Description of Action: State Senator Emmitt Hanger introduced SB410, a bill that directs the Virginia Board of Education to develop a plan to eliminate initiatives or conditions that are currently being funded by the federal act known as No Child Left Behind, unless such initiatives or conditions are an integral or necessary component of the Commonwealth's own Standards of Quality.
Status of Action: Senate voted to approve, 4/19/06
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Opt Out
Action Type: Legislation
Description of Action: State Senator Emmitt Hanger introduced SB411, a bill which would direct Virginia to withdraw from participation in NCLB. Furthermore, the bill would direct the state to file suit against the federal government, if Title I funds not associated with NCLB were withheld as a result of Virginia opting out of the program.
Status of Action: Referred to Committee on Education and Health 1/11/06
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Cost or Participation Study
Action Type: Legislation
Description of Action: "School divisions statewide are bearing the costs of implementing the federal No Child Left Behind law, according to a study released today by the Virginia Department of Education....In 2004-2005 it cost schools statewide an estimated $62 million more than what the federal government gave to implement the law."
- The Virginian-Pilot, September 21, 2005.
Status of Action:
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Changes/Waivers Requested
Action Type: Official Action
Description of Action: Students in substandard public schools in Alexandria and three other Virginia school districts will be offered quicker access to private tutoring, under a special waiver to the No Child Left Behind law announced yesterday by the U.S. Department of Education. The exception made for Virginia on a trial basis marks the first such waiver offered to any state...
...Under the law, poorly performing schools that fail to make adequate progress for two consecutive years must allow students to transfer. Schools that do not hit the mark for a third year must then pay for private tutoring. With this agreement, four Virginia districts would be allowed to offer tutoring first, before allowing transfers in the third year.
-Washington Post, August 27, 2005
Status of Action: extended for the 2006-2007 school year
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Changes/Waivers Requested
Action Type: Official Action
Description of Action: The U.S. Department of Education notified the Virginia Department of Education that one of four remaining changes it asked for regarding its accountability workbook had been approved.
The remaining three are still under investigation.
After seeing the effects of the No Child Left Behind law on the state's accountability plan, the Virginia Department of Education made 12 requests in January and another in April seeking changes.
But response to the changes has been slow in coming, trickling in one at a time or not at all...The changes that are still being considered include a measure that would allow the test scores of students with limited-English skills to count toward a participation rate, but not the pass rate, when determining adequate yearly progress. Another would allow the state to create separate objectives for each subgroup under the No Child Left Behind law.
The last would allow students in low-performing schools to receive supplemental services in their home school before being offered a chance to move to a better-performing school.
- Richmond Times Dispatch, August 11, 2005
Status of Action:
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Changes/Waivers Requested
Action Type: Official Action
Description of Action: A bipartisan group of Virginia lawmakers told U.S. Secretary of Education Margaret Spellings yesterday that it is "imperative" that the state be given more flexibility in implementing the federal No Child Left Behind law. With classes starting in several weeks, seven legislators sent Spellings a letter contending that the law has jeopardized progress Virginia schools have made under the state's Standards of Learning testing regimen and asking her to intervene to improve the situation. / "We've talked until we're blue in the face with the U.S. Department of Education folks, but we haven't seen a lot of action," said Del. R. Steven Landes (Augusta), chairman of the House Republican caucus.)
- Washington Post 08/04/2005
Status of Action:
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Changes/Waivers Requested
Action Type: Official Action
Description of Action: Federal officials by late last week had sent decision letters to 16 states approving at least some of their requested changes to accountability plans under the No Child Left Behind Act, which should make it easier for schools and districts to show progress…
…Many of the changes approved so far reflect flexibility already granted to other states. For example, Florida, Georgia, Minnesota, and Virginia all received permission to increase the minimum number of students who must be in a subgroup before a school is held accountable for that subgroup’s performance. – Edweek July 13, 2005
Status of Action:
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Changes/Waivers Requested, Cost or Participation Study
Action Type: Legislation
Description of Action: State Senate introduced SB1136 which directs the Board of Education to seek waivers from compliance with provisions of the No Child Left Behind Act that (i) are in conflict with Title IX, Section 9527 (a) of the federal Code, which prohibits federal authorities from mandating, directing, or controlling state or local allocation of resources and from mandating state or local expenditure of funds or incursion of any costs not paid for under the Act; (ii) are duplicative of the Standards of Quality, Standards of Learning, and Standards of Accreditation; or (iii) are lacking in effectiveness. Further, the Board must examine the fiscal and other implications for the Commonwealth and its local governments in the event that Virginia continues its compliance with, or withdraws from participation in, the federal No Child Left Behind Act. The Board must convey its findings from such examination to the House Committees on Education and Appropriations and the Senate Committees on Education and Health and Finance no later than October 1, 2005
Status of Action: approved 3/16/05
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Changes/Waivers Requested
Action Type: Legislation
Description of Action: ...many aspects of the No Child Left Behind law are confusing parents and undermining public confidence in the SOL program in Virginia at the very moment its success should be apparent. My concern is not about federal funding levels, which have increased significantly under President Bush. Rather, it is that No Child Left Behind is hampering the efforts of states that have led the nation in fighting for high standards and accountability in our schools.
For this reason, I've introduced legislation in Congress with Rep. Bob Goodlatte (R-Va.) that would amend, not end, No Child Left Behind. It establishes guidelines under which a state can receive freedom from the "adequate yearly progress" formula in NCLB, a formula that is illogical and confusing to the public. This blunt, one-size-fits-all federal measuring stick is forcing Virginia students to meet lower federal standards!
- "Undermining School Progress", George Allen Washington Post, May 22, 2005
Status of Action:
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Changes/Waivers Requested, Cost or Participation Study
Action Type: Legislation
Description of Action: State House of Delegates introduced HB2602 which Directs the Board of Education to seek waivers from compliance with provisions of the No Child Left Behind Act that (i) are in conflict with Title IX, Section 9527 (a) of the federal Code, which prohibits federal authorities from mandating, directing, or controlling state or local allocation of resources and from mandating state or local expenditure of funds or incursion of any costs not paid for under the Act; (ii) are duplicative of the Standards of Quality, Standards of Learning, and Standards of Accreditation; or (iii) are lacking in effectiveness. Further, the Board must examine the fiscal and other implications for the Commonwealth and its local governments in the event that Virginia continues its compliance with, or withdraws from participation in, the federal No Child Left Behind Act. The Board must convey its findings from such examination to the House Committees on Education and Appropriations and the Senate Committees on Education and Health and Finance no later than October 1, 2005
Status of Action: approved 3/16/05
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Changes/Waivers Requested
Action Type: Legislation
Description of Action: State House of Delegates introduced HB1592 which directs the Board of Education to seek a waiver from compliance with those provisions of the Act that are duplicative of the Commonwealth's prior educational accountability system as set forth in the Standards of Quality, Standards of Learning, and Standards of Accreditation
Status of Action: last action 2/02/05
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Changes/Waivers Requested
Action Type: Legislation
Description of Action: State House of Delegates introduced HB2685 which directs the Board of Education to seek a waiver from compliance with those provisions of the federal No Child Left Behind Act that are duplicative of the Commonwealth's prior educational accountability system as set forth in the Standards of Quality, Standards of Learning, and Standards of Accreditation, or lacking in cost effectiveness, and that already comply with the spirit and intent of the federal act
Status of Action: incorporate by Education 2/02/05
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Changes/Waivers Requested
Action Type: Legislation
Description of Action: State House of Delegates introduced HJR561 which directs the Board of Education seek a waiver from compliance with those provisions of the federal No Child Left Behind Act that are duplicative of Virginia's pre-existing educational accountability system or lacking in cost effectiveness, and that already comply with the spirit and intent of the federal act
Status of Action: last action 2/02/05
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Changes/Waivers Requested
Action Type: Legislation
Description of Action: State Senate introduced SB948 which directs the Board of Education to file an application for a waiver from a specified accountability provision included in No Child Left Behind, when requested by resolution adopted in open meeting by any of the eight superintendents' regions. The superintendents' regions must review the provisions of NCLB and may request the filing of an application for a waiver
Status of Action: last action 2/04/05
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Changes/Waivers Requested
Action Type: Legislation
Description of Action: State Senate introduced SJR437 which urges Congress to amend the No Child Left Behind (NCLB) Act immediately to include a mechanism for an automatic waiver from its provisions for school accountability for states, such as Virginia, that have successfully raised student achievement through their own standards and accountability reforms, and that this waiver be made available to states so long as they maintain these proven standards and accountability programs. The resolution also requests that any further action anticipated to enforce the Act be deferred until full funding to implement the law has been authorized
Status of Action: last action 2/08/05
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Changes/Waivers Requested
Action Type: Legislation
Description of Action: State House of Delegates introduced HJR708 which memorializes Congress to amend the No Child Left Behind (NCLB) Act immediately to include a mechanism for an automatic waiver from its provisions for school accountability for states, such as Virginia, that have successfully raised student achievement through their own standards and accountability reforms, and that this waiver be available to states so long as they maintain these proven standards and accountability programs
Status of Action: last action 1/26/05
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Changes/Waivers Requested
Action Type: Legislation
Description of Action: State House of Representatives introduced HJR192, a resolution calling on Congress to include an automatic waiver in NCLB for states such as Virginia that have successfully increased student achievement
Status of Action: last action 3/16/04
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Changes/Waivers Requested
Action Type: Legislation
Description of Action: State Senate introduced SJR77 a resolution which calls on Congress to include an automatic wavier in NCLB for states such as Virginia that have successfully increased student achievement
Status of Action: last action 3/16/04
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