NCLB Hearing Testimony

Missouri School Boards' Association
Dr. Carter Ward, Executive Director

Testimony re: Proposed Regulations on Part A of Title I of the Elementary and Secondary Education Act (ESEA) of 1965, As Amended

Monday, May 19, 2008
United States Department of Education Hearing
Kansas City, Missouri

Good morning.  My name is Carter Ward and I serve as Executive Director of the Missouri School Boards' Association, an association representing the largest group of elected officials in the state of Missouri.  I am also speaking on behalf of the 900,000 public school children enrolled in Missouri's public schools - as you know, school board members are elected to represent these children.

Thank you for the opportunity to come before you today to testify on the proposed regulatory changes impacting the implementation of the No Child Left Behind law.

MSBA is pleased that the proposed regulations address some needed concessions regarding use of multiple assessment measures, and growth models to track individual progress and determine Adequate Yearly Progress.  However the proposed changes do not provide insufficient relief for local schools and school districts struggling to implement a flawed accountability system.

MSBA plans to file written comments analyzing the proposed changes.  I will address a few of the changes we see as significant.

Section 200.20 – MSBA supports the proposed regulations that would grant greater flexibility for States in determining whether local schools districts have met their AYP targets.  By expanding the options to include: 1) the State's proficiency targets, 2) growth targets, or 3) "safe harbor provisions" – the U.S. Department of Education has acknowledged that the "cut-score approach" which is tied to different cohorts of students reaching proficiency each year is not the best way to determine AYP.  While these provisions reflect a step in the right direction, they are not a substitute for the immediate need for Congress to reauthorize the NCLB Act.

Section 200.22 – MSBA supports the establishment of a National Technical Advisory Council and further recommends that the nominations also include individuals who have knowledge and expertise in school operations.  Such representation would ensure that advice from the Council would address both the technical and operational components of new assessment and accountability designs.

Section 200.32 and 200.50 – MSBA strongly opposes the Department's position in the regulation that sanctions for schools and school districts should apply when AYP is not met by different subgroups in different subjects for two or more consecutive years. This interpretation punishes districts and schools that are successful in raising student achievement in a specific subgroup in just one year but have a different subject fail AUP for the first time in the next.  This approach doesn't give school boards a chance to address the problems of the second group.   Rather, MSBA strongly supports the position that sanctions should kick in when the SAME subgroup in the SAME subject or indicator fails to make AYP for two or more consecutive years. By requiring at least a two-year pattern of low performance of a specific group, limited resources can be strategically targeted and the number of schools identified would more accurately reflect the needs of certain subgroups.

Section 200.47 - MSBA supports the proposed requirements to strengthen the role of the state in monitoring the quality of supplemental educational services.  Enhancing the criteria for SES providers and making sure tutoring is contributing to improved student achievement are important.  However, MSBA remains concerned that the proposed criteria do not require SES tutors to be "highly qualified" teachers comparable to that required of public school teachers.  MSBA further recommends that school districts be allowed to recommend termination of SES contracts for those providers that fail to adhere to contract provisions or raise student achievement.  In addition, school districts that are in need of improvement should be allowed to become SES providers.

Again, thank you for the opportunity to share the perspective of Missouri's school boards on the proposed changes to NCLB regulations.  As local policymakers, school boards need the tools to improve student achievement for all students – I respectfully ask you to consider our recommended changes that will allow us to better serve the 900,000 public school children in Missouri.