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June 13, 2008
United States House of Representatives
Washington DC, 20515
United States Senate
Washington, DC 20510
Re: Opposition to NCLB Recess Until Reauthorization Act
Dear Member of Congress:
The undersigned civil rights organizations write to express our strong opposition to the NCLB Recess Until Reauthorization Act. This legislation would allow states, districts, and schools to receive federal funding under the No Child Left Behind Act with no accountability for complying with key provisions of the law.
NCLB is intended to expand educational opportunities to minority and other disadvantaged students. At the heart of the law is Section 1116, which focuses on raising standards, measuring academic progress, holding schools accountable, and requiring school improvement. These provisions are designed to ensure that all students receive the academic preparation necessary to pursue higher education and become productive members of the workforce. Therefore, the civil rights community has been consistent and clear in its support of NCLB and Section 1116 in particular.
In addition, the civil rights community has always believed that for civil rights laws to be effective, they must have strong enforcement provisions. The NCLB Recess Until Reauthorization Act would suspend enforcement of Section 1116 of NCLB for all schools.
Moreover, it is our understanding that the sponsors of this legislation intend to include it as a policy rider to appropriations legislation. As such, we believe this legislation presents a dangerous precedent.
Specifically, this bill raises questions about whether or not Congress will be expected to suspend accountability in other federal programs important to minority communities simply because they have not been reauthorized on schedule. For example, will the performance measures under the
Workforce Investment Act be suspended given that it was scheduled for reauthorization in 2003? Will Individual Education Plans be suspended until the Individuals with Disabilities Education Act is reauthorized and fully funded?
In addition, we wish to remind Congress that attaching such substantive riders to appropriations bills has long been a tactic designed to preserve practices that are harmful to minorities. We believe that attaching the NCLB Recess Until Reauthorization Act to an appropriations bill represents an unwanted return of this nefarious strategy.
Clearly, this amendment represents dangerous and irresponsible policymaking. We urge members of Congress to oppose the rider if it is offered, and we urge the leadership of both parties to ensure that members are aware that riders of this kind are an improper way of legislating and an attack on civil rights laws.
Sincerely,
Citizens Commission on Civil Rights
Lawyers’ Committee for Civil Rights Under Law
Mexican American Legal Defense and Educational Fund
National Association for the Advancement of Colored People
National Council of La Raza