SR33

WHEREAS, the United States Congress must decide in 2007 whether to reauthorize the No Child Left Behind Act of 2001 or let it die and replace it with a new law; and

WHEREAS, the No Child Left Behind Act, while purporting to create an accountability system for public schools, has in reality been an enormous financial and programmatic burden on schools and taxpayers; and

WHEREAS, even if states and schools are satisfied with their educational programs and outcomes, they are forced to participate in this top-down system in order to continue to receive federal funds for education, such as Title I funds; and

WHEREAS, educators in private schools, even those who enroll poor students, have chosen not to spend their time or money following the No Child Left Behind Act's testing system, and, as a result, have frequently outperformed public schools; and

WHEREAS, the No Child Left Behind Act's narrow focus on the "basics" has discouraged the implementation of best practices and cutting edge educational research in order to achieve higher test scores; and

WHEREAS, the goal of achieving one hundred per cent proficiency by even special education students is unrealistic, the pursuit of which channels millions and millions of dollars into remedial programs that detract from the overall school environment; and

WHEREAS, the requirements of the No Child Left Behind Act, penalize schools who enroll students who have inherent educational deficiencies and who, regardless of their progress at the school, remain below No Child Left Behind established standards; and

WHEREAS, while there has recently been some interest in the development of so-called "growth models" to recognize the contributions of a school to individual students over time, the lack of adequate funding and the prohibition against states developing their own growth models has rendered this initiative almost meaningless; and

WHEREAS, the No Child Left Behind Act does not provide additional funds for teacher education or training if a school is in "status" or under restructuring, which creates a punitive environment with little commitment on the part of the federal government for school success; and

WHEREAS, in the calculation of Adequate Yearly Progress, there appears to be no points or benefit if a school engages in meaningful educational innovation or research; and

WHEREAS, while there is some support for the alternative educational environments created by charter schools, these innovations do not appear to be recognized in the assessment environment, assuming that the accountability systems appropriate for traditional schools with large bureaucratic support systems apply equally well to charter schools; and

WHEREAS, the No Child Left Behind Act has often channeled countless dollars and hours into high-stake testing, which has benefited private testing companies but which has not engaged the local educational community in this endeavor; and

WHEREAS, the No Child Left Behind Act appears biased towards a one-size fits all multiple choice testing system, and tends to ignore other means of engaging and assessing students such as project-based, hands-on, or problem-solving demonstrations of competency; and

WHEREAS, the federal No Child Left Behind Act has driven many schools and school systems into a narrowing of curriculum, often focusing on only math or English, to the detriment of a broader range of subjects and experiences, most notably the arts; and

WHEREAS, the United States Department of Education has shown little or no interest in creating incentives among colleges and universities to incorporate innovative portfolios or project-based competencies into their admissions decisions, thus reinforcing the use of high-stake, multiple-choice private testing businesses; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, that the United States Congress is strongly urged to proposed specific amendments to, or recommend the repeal of, the federal No Child Left Behind Act of 2001; and

BE IT FURTHER RESOLVED, that among the issues and amendments the United States Congress should address are the following:

(1) Permitting each state to adopt its own growth model to calculate adequate yearly progress under the No Child Left Behind Act;

(2) Giving credit for schools that adopt or adapt innovative curricula or methodologies;

(3) Giving credit for schools that serve as a research venue for new curricula or methodologies;

(4) Requiring schools to maintain a broad and comprehensive curriculum, including the arts and physical education;

(5) Allowing states to "opt out" of the No Child Left Behind Act without loss of federal funds;

(6) Allowing states to determine which grade levels to test;

(7) Providing significant teacher education and professional development funds for schools in status;

(8) Encouraging states or school districts to utilize a wider range of assessments, including project-based competency and portfolios, and providing funds for those that do use them;

(9) Removing special education and English as a Second Language student tests from the calculations of Adequate Yearly Progress;

(10) Developing a completely separate and more appropriate means of assessing the wide range of special education students and those with behavioral health issues;

(11) Fully funding special education programs, as once promised;

(12) Developing a new school facilities initiative that does not push funding agencies into large schools and economy-of-scale driven buildings, and that encourages innovative school designs; and

(13) Providing financial incentives for institutions of higher learning to incorporate portfolios and demonstrations of competency into their admissions decisions; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the President of the United States, the Vice President of the United States, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, and the members of Hawaii's Congressional delegation.

	OFFERED BY:	_____________________________

Report Title:

No Child Left Behind Act; Amendments; U.S. Congress

THE SENATE	S.R. NO.	33
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII