No Child Left Behind Act 2002

Ryan Macon, Michael Renfro, John Schubert, Tiffany TranNguyen

•  Summary of the Act: The No Child Left Behind Act became law in 2002. It requires tests on subjects including math and reading in grades three through eight, and once in high school. Schools that miss testing benchmarks face increasingly stiff sanctions, including the potential loss of federal money.

•  Sponsor of the bill: Representative John Boehner •  Factions/people that supported it and opposed it:

o  Senators Ted Kennedy and Judd Gregg and Congressmen George Miller and John Boehner were its chief sponsors in the Senate and the House; Signed by President George W. Bush

o  Overwhelming bipartisan support o  Strongly opposed by major teacher unions

Introduction

•  Constitutional ciation: Elastic Clause/Necessary and Proper Clause – "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States or in any Department or Officer thereof."Article 1 Section 8

•  Supreme Court Cases that set a precedence: Brown v. Board of Education

•  Previous Legislation: The No Child Left Behind Act is a revised authorization of the Elementary and Secondary Act

Constitutional Underpinning

•  In October 2011, the Senate education committee voted in favor of a bipartisan bill that would dismantle the provisions of the law that used standardized test scores in reading and math to label tens of thousands of public schools as failing. •  But Congress has shown no signs of taking action. Instead, the Obama in 2012 used its executive powers to issue waiver to more than half the nations states freeing them from central provisions of the law, raising the question of whether the decade-old federal program has been essentially nullified.

Current Event

Two Cases, citations, or legislation: •  In the Supreme Court case of State of Connecticut v.

Duncan Obama's administration defended the Supreme Court saying that connecticut never its funding claims before it sought claims that it was not receiving any from the federal government

•  In June 2010, the Supreme Court declined to listen to an appeal from the National Education Association regarding similar claims against NCLB.

•  Amendment 10 protects the rights of the states to manage powers not delegated to the federal gov't

State Rights Argument

Two negative impacts on states/citizens: •  Utah and a dozen states rebel complaining that it will

impose costly new obligations without giving the money to carry them out, leaving the states to fund for themselves

•  The law requires teachers to get specialized training for core subjects, but some states say and feel it is hard to attract any teachers how it is now

State Rights Argument cont.

Two state/local laws countering the act: •  Virginia House of Delegates approved a 98-1 vote

asking on congress to exempt Virginia without penalty from this law that they feel will intrude on their control over education

•  In Hawaii, lawmakers approved a resolution asking state education administrators to give up on funding for NCLB until Congress provides more money

State Rights Argument cont.

•  Congress claims the NCLBA is a legitimate pursuant to the Spending Clause, which, allows federal laws to affect state powers to a certain extent, without violating the 10th Amendment. •  The State of Connecticut sued the

federal government in 2005 for allegedly requiring the state to spend millions of state dollars on additional NCLB testing.

National Government Argument

•  The research finds that NCLB raised math achievement by six to nine months over seven years for the nation's fourth graders and by four to 12 months for eighth graders. It did not find statistically significant effects for fourth-grade reading achievement. Eighth-grade reading was not assessed because adequate data were unavailable.

National Government Argument cont.

•  The research by Northwestern University finds that NCLB raised math achievement by six to nine months over seven years for the nation's fourth graders and by four to 12 months for eighth graders. It did not find statistically significant effects for fourth-grade reading achievement. Eighth-grade reading was not assessed because adequate data were unavailable.

•  Math +6-9 months over 7 years for 4th Grade •  Math +4-12 months over 7 years for 8th Grade

Benefits

•  In exchange for relief, the administration is requiring a quid pro quo: States must adopt changes that include meaningful teacher and principal evaluation systems, make sure all students are ready for college or careers, upgrade academic standards and lift up their lowest-performing schools.

Local and State Support

Comic

Graph

Graph

•  http://cnsnews.com/news/article/supreme-court-turns-down-no-child-child-left-behind-case

•  http://www.northwestern.edu/newscenter/stories/2010/01/nclb.html (slide 8)

•  http://willamette.edu/wecl/pdf/clg2006_5000.pdf •  http://www.washingtonpost.com/local/education/10-

states-to-receive-no-child-left-behind-waivers/2012/02/09/gIQAZCdY1Q_story.html(slide 9) •  http://www.foxnews.com/story/0,2933,111675,00.html •  http://blogs.edweek.org/school_law/2011/02/justices_decline_to_hear_nclb.html

Works Cited List

•  http://febp.newamerica.net/background-analysis/no-child-left-behind-funding

•  http://thomas.loc.gov/cgi-bin/bdquery/z?d107:HR00001:@@@P

•  http://news.heartland.org/newspaper-article/2004/03/01/no-child-left-behind-fuels-fierce-debate

•  http://blogs.edweek.org/edweek/school_law/2011/02/justices_decline_to_hear_nclb.html

•  http://www2.ed.gov/nclb/overview/intro/guide/guide_pg12.html

•  http://usliberals.about.com/od/education/i/NCLBProsCons.htm

Works Cited List cont.

•  http://topics.nytimes.com/top/reference/timestopics/subjects/n/no_child_left_behind_act/index.html(slide 4) •  http://gesweinfamily.com/wp-content/

uploads/2007/04/nclb.jpg •  http://4.bp.blogspot.com/_dxLv •  http://cg0711.files.wordpress.com/

2010/06/nytimes-comparison-graph.gif

Work Cited List cont.