Resolution 04-45

Elementary and Secondary Education Act/No Child Left Behind

WHEREAS, NBCSL applauds the goals of the “No Child Left Behind" law, especially the recognition of the imperative of "closing the achievement gap"; and

WHEREAS, NBCSL supports the concept of accountability within the public school system, especially as it relates to the need to identify and aid students with disabilities, minority students and students in poverty; and

WHEREAS, NBCSL also recognizes that there are serious fundamental flaws in the law that will prohibit reaching the goal of leaving no child left behind; and

WHEREAS, NBCSL is aware that under President Bush's proposed Fiscal Year 2004 Budget, the gap between what was promised in “No Child Left Behind" act and what would actually be provided is over $9 billion; and

WHEREAS, NBCSL believes that unless the law's requirements are fully funded, the goal of closing the achievement gap will not be reached.

THEREFORE BE IT RESOLVED BY THE 27th ANNUAL LEGISLATIVE CONFERENCE OF THE NATIONAL BLACK CAUCUS OF STATE LEGISLATORS, ASSEMBLED IN HOUSTON, TEXAS, DECEMBER 1 - 5, 2003, that NBCSL commit to working with parents, community organizations and other groups to lobby Congress for full-funding of the No Child Left Behind Act;

BE IT FURTHER RESOLVED, that NBCSL call for legislative hearings to be held in each state to document the financial costs to states and school districts of NBCSL constituents in and also problems implementing the law and the U.S. Department of Education regulations and guidelines, with particular emphasis on the difficulties inherent in the definition of adequate yearly progress, which in fact is arbitrary, unreasonable and unattainable, and does not give credit for progress;

BE IT FURTHER RESOLVED, that the Education Committee of the National Black Caucus of State Legislators in conjunction with State Caucuses, their House and Senate Education hearing committees, collaborate to examine the duality of implementing No Child Left Behind;

BE IT FURTHER RESOLVED, that NBSL require full funding of the “No Child Left Behind” Act in order to provide more flexibility in measuring adequate yearly progress so that all students including students with disabilities, and those most in need are correctly identified. Schools should be able to use multiple measures of progress rather than a single test. Progress also should be identified when schools succeed in improving the number of all students moving up the achievement scale and rigidly focus on proficiency;

BE IT FURTHER RESOLVED, that NBSL will target school choice and insist that supplemental services be provided to all eligible students in the specific groups that do not reach adequate yearly progress; and

BE IT FURTHER RESOLVED, that NBCSL urge Congress to provide additional funding and support for, Head Start and other early childhood education programs to ensure children arrive at school ready to learn, funding to provide high quality teachers in every classroom and sufficient federal resources to ensure high quality teachers in high poverty schools; and

BE IT FINALLY RESOLVED, that NBCSL urge Congress to provide additional funding to schools for the purpose of making major investment in high schools to prevent dropouts and to deter a situation such as in Houston, TX, where students are being "pushed out" of schools, and address the problems of Adequate Yearly Progress (AYP) and other aspects of the “No Child Left Behind” Act.

Sponsored by: Senator C.J. Prentiss (OH)

Approved Date is December 3, 2003 by the Committee of Jurisdiction: Elementary & Secondary Education

Certified by Committee Chair: Senator C.J. Prentiss (OH)

Ratified in Plenary Session, Ratified Date is December 5, 2003.

Ratification certified by: Representative Mary H. Coleman (MS), President