AP/ February 9, 2012, 9:04 AM

10 states to get "No Child Left Behind" waivers

WASHINGTON - President Barack Obama on Thursday will free 10 states from the strict and sweeping requirements of the No Child Left Behind law, giving leeway to states that promise to improve how they prepare and evaluate students, The Associated Press has learned.

The first 10 states to receive the waivers are Colorado, Florida, Georgia, Indiana, Kentucky, Massachusetts, Minnesota, New Jersey, Oklahoma and Tennessee. The only state that applied for the flexibility and did not get it, New Mexico, is working with the administration to get approval, a White House official told the AP.

The official spoke on condition of anonymity because the states had not yet been announced. A total of 28 other states, the District of Columbia and Puerto Rico have signaled that they, too, plan to seek waivers - a sign of just how vast the law's burdens have become as a big deadline nears.

No Child Left Behind requires all students to be proficient in reading and math by 2014. Obama's action strips away that fundamental requirement for those approved for flexibility, provided they offer a viable plan instead. Under the deal, the states must show they will prepare children for college and careers, set new targets for improving achievement among all students, reward the best performing schools and focus help on the ones doing the worst.

In September, Obama called President George W. Bush's most hyped domestic accomplishment an admirable but flawed effort that hurt students instead of helping them. He said action was necessary because Congress failed to update the law despite widespread bipartisan agreement that it needs fixing. Republicans have charged that by granting waivers, Obama was overreaching his authority.

The executive action by Obama is one of his most prominent in an ongoing campaign to act on his own where Congress is rebuffing him. No Child Left Behind was primarily designed to help the nation's poor and minority children and was passed a decade ago with widespread bipartisan support. It has been up for renewal since 2007. But lawmakers have been stymied for years by competing priorities, disagreements over how much of a federal role there should be in schools and, in the recent Congress, partisan gridlock.

For all the cheers that states may have about the changes, the move also reflects the sobering reality that the United States is not close to the law's original goal: getting children to grade level in reading and math.

Critics today say the 2014 deadline was unrealistic, the law is too rigid and led to teaching to the test, and too many schools feel they are labeled as "failures." Under No Child Left Behind, schools that don't meet requirements for two years or longer face increasingly tough consequences, including busing children to higher-performing schools, offering tutoring and replacing staff.

As the deadline approaches, more schools are failing to meet requirements under the law, with nearly half not doing so last year, according to the Center on Education Policy. Center officials said that's because some states today have harder tests or have high numbers of immigrant and low-income children, but it's also because the law requires states to raise the bar each year for how many children must pass the test.

In states granted a waiver, students will still be tested annually. But starting this fall, schools in those states will no longer face the same prescriptive actions spelled out under No Child Left Behind. A school's performance will also probably be labeled differently.

The pressure will probably still be on the lowest-performing schools in states granted a waiver, but mediocre schools that aren't failing will probably see the most changes because they will feel less pressure and have more flexibility in how they spend federal dollars, said Michael Petrilli, vice president of the Thomas B. Fordham Institute, an education think tank.

While the president's action marks a change in education policy in America, the reach is limited. The populous states of Pennsylvania, Texas and California are among those that have not said they will seek a waiver, although they could still do so later.

On Tuesday, Education Secretary Arne Duncan said states without

a waiver will be held to the standards of No Child Left Behind because "it's the law of the land."

Some conservatives viewed Obama's plan not as giving more flexibility to states, but as imposing his vision on them. Rep. John Kline, R-Minn., who chairs the House Education and Workforce Committee, said the president allowed "an arbitrary timeline" to dictate when Congress should get the law rewritten and set a dangerous precedent by granting the education secretary "sweeping authority to handpick winners and losers."

Duncan maintained this week that the administration "desperately" wants Congress to fix the law.

In an election year in a divided Congress, that appears unlikely to happen.

A Senate committee last fall passed a bipartisan bill to update the law, but it was opposed by the administration and did not go before the full Senate for a vote.

Kline released a draft of a Republican-written bill to update the law, earning the ire of California Rep. George Miller, the committee's ranking Democrat. Miller said such partisanship "means the end" to No Child Left Behind reform in this Congress. Sen. Tom Harkin, D-Iowa, who chairs the Senate committee with jurisdiction over education, has said he believes it "would be difficult to find a path forward" without a bipartisan bill in the House.

© 2012 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
51 Comments Add a Comment
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ZFB18 says:
It's time to find a way to hold parents, and above all students accountable for their failures behavioral, ethical, and academic from the wealthiest to poorest. However, the first step is to reform our economy to rules based on corporate, and financial accountability for the current world economic crisis. With reform will come sustainable decent paying jobs, work conditions, and families that have time to be families once again. Kids with real food in the stomach, and care given to the minds from home will be better with all the subjects in school.
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joneill83 says:
I am a teacher in FL and the problem is not getting a bunch of kids to pass a test, it is that there are too many kids who live in poverty and well meaning people who say that parents should be there for them. When the kids DO NOT have enough to eat and have more problems that the average American could not imagine. NCLB states that "All Children at grade level". Ever hear of the bell curve? I took these same tests as a child, and they were used to see areas were I was weak, NOT that if I did not score high enough that I could not pass, and these tests dates are mandatory, so if I showed up sick or a parent just died, too bad, had to take the test. It is a shame that congress can't get their act together to fix what was wrong about a good bill.
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sirmarion-2009 says:
The state teachers Unions has Obama by the balls,Now Obama comes on TV and says the states exempted will have harsher standards than the one he exempted them from? What a liar,narcissist we have as President.
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jeffmilwauk says:
I agree with Michaelz06 above. I must add that it appears Michelle did not get through to her husband on this item. The USA lags seriously behind when it comes to math, science, literacy and language. We are losing the race on overall intelligence. When it comes to language, while English is pretty much the worldwide standard, most other people in advanced countries speak multiple languages. Typical languages known and understood are French, Spanish, Chinese and English. Stop ascribing to the "dumbing down" method. We need to regain and build our world leadership.
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Molly-Pchr says:
Every state needs to get relief from No Child Left Behind! What a mess! Teaching to the test is rampant. Ridiculous! The more government sticks its big nose into education, the worse it gets, like everything else. What a legacy George Bush the younger left! What a mess. And Obama isn't much better. Wasn't there a comedy out years ago called "Advance to the Rear"? That's us.
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smirk5 says:
98% of Catholic women have used birth control at some point in their lives. Evidently, the Catholic Church is easily ignored by 98% of Catholic women on this issue. Why should the rest of us listen to this giant den full of child molesters and protectors of molesters?
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sbkline05 replies:
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You sir, are sad and lonely person. Your only knowledge consists of media filled babble, get a life buddy. I'm not Catholic but I know too many good people that are, or who are religious not to defend them. If you want to focus on the 50 bad eggs out of millions then thats your choice, loser. But I guess after sitting at your computer, alone for next 30years you might realize that your life is hollow and sad. So good luck with that.
smirk5 replies:
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50 bad eggs a raping and a raping and protected by hundreds more including the pope himself.
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1001001sos says:
I thnk we all need to get a grip here. This act was passed by dems and reps. BOTH SIDES. Ted Kennedy was an author of this bill. The following is from Wikipedia. Read up on it before venting.

The legislation was proposed by President George W. Bush on January 23, 2001. It was coauthored by Representatives John Boehner (R-OH), George Miller (D-CA), and Senators Edward Kennedy (D-MA) and Judd Gregg (R-NH). The United States House of Representatives passed the bill on May 23, 2001 (voting 384-45),[6] and the United States Senate passed it on June 14, 2001 (voting 91-8).[7] President Bush signed it into law on January 8, 2002.
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nearl451 replies:
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So? It was still a bad idea.
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jschmidt27 says:
SO unions can get exemption from healthcare, states can get exemptions from no child, but the Catholic CHurch cannot an exemption from the contraceptive rule. I guess Obama has it in for the Church
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smirk5 replies:
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Why would the Catholic Church be against the number one way to reduce abortions? Kind of silly, isn't it? Never trust men who take a vow not to have sex. You end up with tons of molesters and weirdos running things.
nearl451 replies:
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Yo, Genius. The Church HAS an exemption. It is the church affiliated non-profit employers such as schools and hospitals that do not.

Please......get with the program.
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nearl451 says:
Great Start to the end of a really bad program.
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sirmarion-2009 replies:
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So we rank 26 th in the world,on reading and math and now the teachers unions having Obama by the balls,have made sure our kids will continue to be left behind. They have had 6 years with 2 to go and yet they can not teach kids to read and do math?
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hornsnbr1 says:
What a poor statement about the quality of schools in these states that their students cannot pass a basic skills test. If I lived in one of those states I would be both embarrassed and mad.
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nearl451 replies:
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No they are doing better than most. Didn't read the article did you?
ThomasSense replies:
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The waiver doesn't exclude states from having education systems that are accountable. It allows more flexibility to get better results.
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