NATO AIR
Senior Member
both parties dropped the ball on this mess, its a stupid program that has perfectly good districts "failing" and punishes poor districts so thoroughly they don't get an adequate chance to recover, now here come the lawsuits
.http://www.msnbc.msn.com/id/6379209/
Educators target No Child Left Behind
Lawsuits expected to challenge bill's standards, penalties
The Associated Press
Updated: 3:13 a.m. ET Nov. 1, 2004THERMAL, Calif. - The federal No Child Left Behind Act threatens costly penalties for schools deemed failing to meet academic standards. In response, many educators have a threat of their own: A flood of lawsuits aimed at avoiding the sanctions.
Since President Bush signed the sweeping education reforms in 2002, the law has drawn criticism from educators debating its strict performance and test requirements. The act requires all students to be proficient in reading, writing and math by 2014.
Starting this academic year, parents of children in failing schools can demand transfers to better campuses. Over the next four years, schools must offer tutoring services, administrators and teachers can be fired, states can take over districts, and federal funds can be withheld.
Coachella Valley Unified School District which includes Oasis Elementary School could be among the nations first to challenge the law. The school board is considering suing federal and state governments, claiming the district is being held to unreachable goals.
Coachella is the tip of the iceberg, John Perez, president of United Teachers Los Angeles, said, adding that the law doesnt take into account things it needs to.
According to the National Conference of State Legislatures, students at more than 27,500 schools nationwide almost 31 percent of all U.S. public schools are failing at math and reading.
Language challenges cited
Last December, Reading School District in Pennsylvania sued over its low performance rating, arguing its Spanish-speaking students couldnt read the tests. About two-thirds of the districts 16,000 students are Hispanic; 15 percent have limited English proficiency.
But, judges ruled that testing in a students native language is not mandatory, only required to the extent that it is practicable to do so. The district plans to appeal.
Its a wonderful title, No Child Left Behind. Who could ever disagree with that? said Richard Guida, a lawyer for the Reading district. But kids are all different and, unfortunately, this calls for a cookie-cutter approach to education that doesnt take difference into account. Some kids will be left behind.
At Oasis Elementary, more than 90 percent of the schools students are Hispanic and come from families of migrant workers surviving on less than $10,000 a year, the principal says. They are taught in English still a foreign language for many.
Christian Rocha, 8, looks down as he recalled last years tests.
Estaba trabajoso, he says quietly, or I worked really hard.
But he didnt pass.
Though there are plans to create a Spanish-language test, development wont begin until at least 2006, said Linda Lownes, a consultant for the state Education Department. In California, students must take standardized tests in English.
Mounting expectations
Kathleen Leos, of the federal Education Department, noted that states have the option of excluding test scores of students who have been enrolled in a U.S. school less than one academic year. States also can decide whether to offer a student reading and math tests for up to three years in languages other than English.
Thats little comfort for district officials struggling to keep up with mounting academic expectations.
Its unfair to hold us accountable for something students cant possibly know, said Foch Pensis, Coachella Valley district superintendent. How do you hold these children to the same standard that you would a child in Iowa who has never been exposed to another language? Its ludicrous.
Pensis plans to seek allies in a class action lawsuit if legislators dont try to ease the burden for schools with large numbers of English-language learners. Education Department officials, however, say the No Child Left Behind Act gives considerable leeway to such districts.
Bush has touted the law in campaign stump speeches as a centerpiece of his domestic agenda, describing it as a way to hold schools accountable for children they might otherwise ignore.
The federal government allocated a total of $58.3 billion for the program in fiscal year 2005, but critics including Democratic nominee Sen. John Kerry said thats far short of the money needed for schools.
In the meantime, at Oasis Elementary, where tests show most students know less than 15 words of English, educators are working to improve scores. Theyre also hiring outside consultants to better train teachers.
Well always have new children who dont speak the language, yet each year more and more students are required to pass, Principal Elizabeth Clipper said. How do we ever catch up?
© 2004 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed