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    Opposition by Civil Rights and Ed Reform Groups To NCLB Suspension Builds

    06/18/08

    Permalink 12:47:30 pm, Categories: Announcements [A]
    Four more groups - The Leadership Conference on Civil Rights, The National Urban League, The Alliance for Excellent Education, and the Southeast Asia Resource Action Center  - have added their names to the growing list of those opposed to the Walz-Graves bill to repeal key elements of the No Child Left Behind Act.

    The current unity among these civil rights and education reform groups for the core provisions of NCLB is unprecedented in the law’s 6 1/2 year history.

    Students and parents across the country - empowered with new data and new tools - seem to want after-school tutoring, public school choice, quality teachers, and transparency on student achievement, and are finding their voices in these advocacy groups.
     
    Here is what Wade Henderson and Nancy Zirkin said on behalf of LCCR - the largest civil rights coalition in the country - in a letter that went to the Hill this afternoon. 

    LCCR believes that NCLB is a civil rights law, and that some of the requirements of NCLB constitute, in essence, the rights of children to obtain a quality education. The NCLB Recess Until Reauthorization Act calls itself a “temporary suspension” of those same requirements. Even a temporary suspension of a civil rights law, and therefore of the civil rights of our children, is unconscionable.

    Update: The Business Coalition also weighed in today (letter below). 
     
    Here’s a running tally of the groups so far opposed to NCLB suspension/recess:
     
     
     
     
     
     
     
     
     
     
     (see list below)
     
     
     

    HEC Member Organizations

    _______________________________________________ 
     
    Leadership Conference on Civil Rights

    1629 K Street, NW
    10th Floor
    Washington, D.C. 20006
    Phone: 202-466-3311
    Fax: 202-466-3435

    Oppose the NCLB Recess Until Reauthorization Act
    June 18, 2008
    Dear Representative:

    On behalf of the Leadership Conference on Civil Rights (LCCR), the nation’s oldest, largest, and most diverse civil and human rights coalition, we urge you to oppose the No Child Left Behind Recess Until Reauthorization Act (H.R. 6239).LCCR believes that quality education for all children is a fundamental civil right and has repeatedly urged Congress to reauthorize the No Child Left Behind Act to both strengthen the law and improve its operation. Suspending NCLB until Congress chooses to act on reauthorization, however, is the wrong course.

    NCLB is the most recent reauthorization of the Elementary and Secondary Education Act, which from its inception in 1965 has been one of the nation’s most important civil rights laws. While NCLB is certainly a complicated law, at its most basic level, it requires accountability for the academic achievement of all children, including racial and ethnic minorities, English language learners, children with disabilities, and children from low-income families. Under the law, if students are not meeting state standards, schools and districts are placed in “improvement” or “corrective action” status and a series of requirements then apply as attempts to remedy the problem.

    The NCLB Recess Until Reauthorization Act would suspend those requirements. In addition to preventing any school or district from being newly identified as in need of improvement or corrective action, the Act would allow any states, regardless of how long any school was already in improvement or corrective action status, to simply choose to exempt them from compliance with any requirement of Section 1116 to which they were already subject.
     
    For example, if during the 2007-08 school year a child had exercised her right under NCLB to transfer to a higher performing public school in the district, under this bill the child would lose the federal guarantee of the right to transfer and could be forced to return to the low-performing school. Similarly, states would no longer be required to ensure that schools that are currently required by NCLB to have school improvement plans continue to follow through on those plans to try to improve school performance for their students.

    LCCR believes that NCLB is a civil rights law, and that some of the requirements of NCLB constitute, in essence, the rights of children to obtain a quality education. The NCLB Recess Until Reauthorization Act calls itself a “temporary suspension” of those same requirements. Even a temporary suspension of a civil rights law, and therefore of the civil rights of our children, is unconscionable.

    We understand that NCLB is a controversial law and, again, we reiterate our consistent calls for its reauthorization and improvement. However, no amount of frustration with Congress’ failure to date to reauthorize the law, making careful and deliberate adjustments through the committee authorizing process, can justify suspending the law in this fashion.
     
    Since Brown v. Board of Education, equal access to education for all children has been a core civil right for all children. We urge Congress not to support a bill that gives even the appearance of temporarily suspending the requirements of a federal civil rights law. Thank you for considering our views. If you have any questions or would like to discuss this issue further, please contact David Goldberg, LCCR Senior Counsel, at (202) 466-0087 or Goldberg@civilrights.org.

    Sincerely,
    Wade Henderson Nancy Zirkin
    President & CEO Executive Vice President
     
    OFFICERS
    CHAIRPERSON
    Dorothy I. Height
    National Council of Negro Women
    VICE CHAIRPERSONS
    Judith L. Lichtman
    National Partnership for
    Women & Families
    Karen K. Narasaki
    Asian American Justice Center
    William L. Taylor
    Citizens’ Commission on Civil Rights
    SECRETARY
    William D. Novelli
    AARP
    TREASURER
    Gerald W. McEntee
    AFSCME


    EXECUTIVE COMMITTEE Barbara Arnwine
    Lawyers’ Committee For Civil
    Rights Under Law
    Caroline Fredrickson
    American Civil Liberties Union
    Kim Gandy
    National Organization for Women
    Ron Gettelfinger
    International Union, United
    Automobile Workers of America
    Marcia Greenberger
    National Women’s Law Center
    Linda D. Hallman
    American Association of
    University Women
    Dennis Courtland Hayes
    NAACP
    Andrew J. Imparato
    American Association of People with
    Disabilities
    Jacqueline Johnson
    National Congress of
    American Indians
    Kathryn Kolbert
    People For the American Way
    Edward J. McElroy
    American Federation of Teachers,
    AFL-CIO
    Floyd Mori
    Japanese American Citizens League
    Marc H. Morial
    National Urban League
    Janet Murguia
    National Council of La Raza
    Debra Ness
    National Partnership for Women and
    Families
    Mary Rose Oakar
    American-Arab Anti-Discrimination
    Committee
    John Payton
    NAACP Legal Defense &
    Educational Fund, Inc.
    David Saperstein
    Religious Action Center for Reform
    Judaism
    Shanna L. Smith
    National Fair Housing Alliance
    Joe Solmonese
    Human Rights Campaign
    Andrew L. Stern
    Service Employees
    International Union
    John Trasvina
    Mexican American Legal Defense
    and Educational Fund
    Reg Weaver
    National Education Association
    Mary G. Wilson
    League of Women Voters
    Richard Womack
    AFL-CIO
    COMPLIANCE/ENFORCEMENT
    COMMITTEE CHAIRPERSON Karen K. Narasaki
    Asian American Justice Center
    PRESIDENT & CEO
    Wade J. Henderson 
     
    * Some organizations in the Leadership Conference do not join in this position.
     _______________________________________________
     
    June 17, 2008

    The Honorable George Miller

    Chairman, House Education and Labor Committee

    United States House of Representatives

    2205 Rayburn House Office Building

    Washington, DC 20515

     

    The Honorable Howard “Buck” McKeon

    Ranking Member, House Education and Labor Committee

    2351 Rayburn House Office Building

    Washington, DC 20515

     

    Dear Chairman Miller and Ranking Member McKeon:

    We, the undersigned civil rights and education organizations, strongly oppose the No Child Left Behind Recess Until Reauthorization Act and urge you to vote against it and not to cosponsor it. Passage of the No Child Left Behind Act was based on an unprecedented commitment to closing the insidious achievement gaps plaguing America’s schools. There has been some progress towards closing those gaps, but they are still a pernicious reality that must be addressed to achieve long-term moral and economic success for our nation.

    We believe that it is critical that the No Child Left Behind Act be improved through a full reauthorization process to do more to help the nation’s low-income and minority students achieve and graduate prepared for college and the workplace. However, it is also critical that as a nation we maintain focus on improving educational opportunities for low-income and minority students and not fall back into accepting the status quo for our nation’s schools. The NCLB Recess Until Reauthorization Act would render the goals of the No Child Left Behind Act and the nation’s commitment to achievement for all students meaningless by eviscerating accountability for improving—or even identifying—low-performing schools. It undermines those essential goals, as well as the legislative process, and, thus, it must be defeated.

    We urge you to oppose the NCLB Recess Until Reauthorization Act for the following reasons:

    It abandons the focus on improving education for low-income and minority students and codifies the status quo. The NCLB Recess Until Reauthorization Act would deny low-income and minority students the opportunities they need to succeed. The bill would allow schools that are in school improvement—those schools that fail to make progress on academic achievement year after year after year—to maintain the status quo. These same schools serve high numbers of low-income and minority students. According to the Title I Assessment Report, 28 percent of Hispanic students, 23 percent of Native American students, and 25 percent of African American students attended schools identified for improvement in the 2005–2006 school year, compared to 9 percent of white students. Twenty-three percent of students from low-income families also attend such schools including large percentages of Southeast Asian Americans who fall under the poverty level. This bill lets these schools off the hook from having to change their currently failing practices to improve the delivery of services to students. By suspending school improvement requirements, the bill slams the door on the opportunity for improving the achievement of 4 million low-income students and 4.4 million minority students.

    It sets a precedent of invalidating federal laws if Congress does not meet its deadlines for reauthorizing them. The NCLB Recess Until Reauthorization Act is a slippery slope to chaos and abuse of the legislative process. Congress often does not meet its deadlines for reauthorizing laws for many reasons. Historically, it has taken at least three years—and sometimes five to ten years—after the scheduled reauthorization dates to update education laws. But missing the reauthorization deadline has never meant that the current law can be ignored or suspended. Just because Congress has not agreed on changes to the law does not mean states, districts, and schools can continue to accept federal funding while choosing not to implement the existing law.

    The NCLB Recess Until Reauthorization Act opens the door to putting many other provisions of the No Child Left Behind Act on hold. Should schools not have to address the needs of English language learners until it is reauthorized? Should schools not have to provide teachers with professional development until the law is reauthorized? If Congress does not meet its deadline for reauthorizing the law, should Congress stop funding it altogether?

    What would this bill mean for other federal programs? Will the performance measures in the Workforce Investment Act be suspended because the law was supposed to be reauthorized in 2003 and has still not been reauthorized? Will individual education plans for children with disabilities be suspended if the Individuals with Disabilities Education Act is not reauthorized on time? If the law authorizing the U.S. Postal Service is not reauthorized on time, will we stop receiving mail?

    Clearly, if the NCLB Recess Until Reauthorization Act becomes law, it will set the dangerous and irrational precedent that federal laws that are not reauthorized on time are subject to the suspension of undesirable provisions—even when those provisions are benefitting populations the law is designed to help.

    It ignores the needs of parents, particularly parents of low-income and minority students. Parents, including those of low-income and minority students, want their children to succeed and they want policymakers, educators, and interest groups to work together to achieve that goal. By abandoning its commitment to the full implementation of the school improvement provisions, Congress is telling parents that some children do not matter. Congress is sending the message to parents of children in chronically failing schools that it is acceptable if their children continue to attend inadequate schools. All parents deserve to know that policymakers and schools are doing all they can to help their children achieve.

    On behalf of millions of students trapped in low-performing schools, we urge you to oppose the NCLB Recess Until Reauthorization Act by voting against it, choosing not to cosponsor it, and ensuring that it is soundly defeated. Instead of focusing on suspending the law, it is time for Congress and all those committed to closing achievement gaps and improving America’s schools to work together to ensure a thoughtful reauthorization that improves the No Child Left Behind Act as quickly as possible. We must do more—not less—to help all children achieve and graduate prepared for college, work, and success in life.
     
    Sincerely,

    Mexican American Legal Defense and Education Fund

    National Council of La Raza

    Southeast Asian Resource Action Center

    Alliance for Excellent Education

    National Urban League

    ————————————————————————————- 

    TO ALL MEMBERS OF THE HOUSE OF REPRESENTATIVES:

     On behalf of the BusinessCoalition for Student Achievement (BCSA), representing business leaders fromevery sector of the economy and whose membership is listed below, we strongly urge you to oppose any legislative proposals, including those that may come up through the appropriations process, that would weaken accountability forimproving student achievement under the No Child Left Behind Act.

    BCSA believes that NCLB canbe improved in ways that enhance the ability of schools to serve students, but that any proposals should be carefully examined through the usual committee consideration process. Specifically, BCSA believes that any proposal that would suspend the NCLB requirements to identify schools in need of improvement raises many serious concerns and deserves a thorough debate in its development.  Such a suspension proposal would result in removing from students, teachers, schools, and parents additional resources and assistance devoted to ensuring improved academic achievement for thosestudents and schools most in need. These resources that would be removed include additional school improvement funds for local schools and extra technical assistance for teachers in their efforts to boost student achievement. 

    The BCSA believes thatimproving the performance of the K-12 education system in the United States is essential for ensuring the American education system prepares our youth tosucceed and our nation to be competitive in our rapidly changing world.  BCSA supports exploring these improvements through a process that allows for a thorough and deliberate examination of how best to support our students, teachers, and schools in their improvement efforts.  The traditional process allowing for guidance from the authorizing committees, whohave developed policy expertise, will allow for careful examination of the various school improvement and reform proposals, and should be followed.

    BCSA stands firm in its support for the key principles of NCLB. This law has been instrumental in focusing our nation, through information reported to parents and the public, on improving the academic achievement of all students and closing the achievement gap.  The business community understands the importance of a high quality education for all students, and BSCA will continue to call for strong accountability for improved achievement. 

     

     

    Sincerely,

                                                                                

    Arthur J. Rothkopf

    Senior Vice-President and Counselor to the President

    U.S. Chamber of Commerce

    Susan Traiman

    Director, Education and Workforce Policy

    Business Roundtable 

     

     

     

     


    BCSA Member Organizations


    Accenture

    AeA

    A.O.Smith Corporation

    EliBroad, Philanthropist/Businessman

    BusinessCoalition for Education Excellence (NJ)

    TheBusiness Council of Alabama

    TheBusiness-Higher Education Forum

    BusinessRoundtable

    CaliforniaBusiness for Education Excellence

    Chamberof Commerce of Fargo Moorhead

    ChicagolandChamber of Commerce

    TheConnecticut Business and Industry Association

    Con-Way

    CorporateVoices for Working Families

    EastmanChemical Company

    EDS

    EducationIndustry Association

    EducationalOptions, Inc.

    EMC

    Ernst& Young

    FloridaChamber of Commerce

    GlaxoSmithKline

    GreaterDallas Chamber of Commerce

    TheGreater El Paso Chamber of Commerce

    Hewlett-Packard

    HypowerInc.

    IBM

    IllinoisBusiness Roundtable

    IndianaChamber of Commerce

    Intel

    ITTCorporation

    JeffersonParish Workforce Business Center

    JohnsonCity-Jonesborough-Washington Chamber of  

      Commerce (TN)

    KalispellArea Chamber of Commerce

    LibertyMutual Group

    LimaAllen County Chamber of Commerce

    TheMcGraw-Hill Companies

     

     

    MetroWestChamber of Commerce

    MicronTechnology, Inc.

    Microsoft

    MinnesotaBusiness Partnership

    MinorityBusiness RoundTable

    MontanaChamber of Commerce

    Motorola

    NapervilleArea Chamber of Commerce

    NationalAssociation of Manufacturers

    NationalCenter for Educational Accountability

    NationalDefense Industrial Association

    NationalRoofing Contractors Association

    Nationwide

    NevadaManufacturers Association

    New JerseyChamber of Commerce

    NewMexico Business Roundtable

    OhioBusiness Roundtable

    OklahomaBusiness Education Coalition

    Pilgrim’sPride Corporation

    PrudentialFinancial, Inc.

    RacineChamber of Commerce

    RhodeIsland Education Partnership

    RochesterArea Chamber of Commerce

    SAS

    ScholasticInc.

    ScienceCompanion

    SemiconductorIndustry Association

    SiemensFoundation

    Software& Information Industry Association

    StateFarm

    TechNet

    TexasAssociation of Business

    TexasInstruments

    TextileRental Services Association

    UnionPacific

    UnisysCorporation

    U.S.Chamber of Commerce

    WarrickCounty Chamber of Commerce

    XeroxCorporation 

     

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