130th Ohio General Assembly
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S. C. R. No. 1  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
S. C. R. No. 1


Senator Miller, D. 

Cosponsors: Senators Fedor, Turner, Stewart, Smith, Miller, R., Roberts, Cafaro, Sawyer 



A CONCURRENT RESOLUTION
To urge the President and the Congress of the United States to amend the No Child Left Behind Act of 2001 to ensure more flexibility and to fully fund the appropriations authorized in the Act.


BE IT RESOLVED BY THE SENATE OF THE STATE OF OHIO
(THE HOUSE OF REPRESENTATIVES CONCURRING):


       WHEREAS, On January 8, 2002, President George W. Bush signed into law the No Child Left Behind Act of 2001 (NCLB), which applies to all states that accept federal Title I education funds and aspires to reform primary and secondary education in the nation by prescribing increased accountability of schools through regular student testing and high teacher qualification standards; and

       WHEREAS, NCLB mandates that every public school make adequate yearly progress toward the goal of 100% student proficiency on tests in mathematics and reading and language arts by the end of the 2013-2014 school year; and

       WHEREAS, NCLB requires that an entire school or school district be identified as failing to make adequate yearly progress in any school year in which the school or district as a whole or any one of the following subgroups within the school or district fails to make such progress: (1) students with disabilities, (2) a major racial or ethnic group, (3) economically disadvantaged students, or (4) students with limited English proficiency; and

       WHEREAS, It will be extremely difficult for 100% of all of the identified subgroups of students to make adequate yearly progress in each of the measured areas, since those students are identified by federal law as belonging in a subgroup because of significant educational challenges that are above and beyond the challenges encountered by other students; and

       WHEREAS, Failure by any subgroup in any given year to meet any one of the state's proficiency expectations for that year in the federally mandated academic areas will result in identification of the school or district as a whole as failing to make adequate yearly progress; and

       WHEREAS, This unreasonable standard will wrongly identify many of our successful public schools and districts as "failing"; and

       WHEREAS, Adequate yearly progress subgroup standards make it more difficult for larger and more diverse schools and districts to meet federal standards because they must meet more performance targets than schools and districts that are more homogeneous, smaller in size, and have wealthier students; and

       WHEREAS, NCLB imposes significant financial costs on states, school districts, teachers, and paraprofessionals for staff development, certification upgrades, coursework, school improvement strategies, choice-related transportation and private tutoring, as well as the unavoidable costs and dislocation that would arise in the event of mandatory school restructuring and staff dismissals; and

       WHEREAS, In 2004, the Superintendent of Public Instruction submitted to the General Assembly a detailed financial analysis of the projected costs of compliance for the state and for each school district with the No Child Left Behind Act, which estimated the cost to Ohio of complying with the Act will reach $1.447 billion annually in fiscal year 2010; and

       WHEREAS, Although many of the provisions of NCLB reflect noble goals, especially regarding closing the achievement gaps between subgroups of students, the President and the Congress of the United States have failed to fund NCLB in a manner that makes these goals fully attainable; now therefore be it

       RESOLVED, That we, the members of the 128th General Assembly of the State of Ohio, urge the President and the Congress to amend the No Child Left Behind Act by doing both of the following:

       (1) Adopting more common-sense and flexible requirements and assessments for special education students and students for whom English is a second language; and

       (2) Adopting more equitable requirements for schools and school districts; and be it further

       RESOLVED, That we, the members of the 128th General Assembly of the State of Ohio, urge the President and the Congress to appropriate full funding for NCLB at the authorization levels called for by NCLB itself; and be it further

       RESOLVED, That the Clerk of the Senate transmit duly authenticated copies of this resolution to the President of the United States, to the members of the Ohio Congressional delegation, to the Speaker and Clerk of the United States House of Representatives, and to the President Pro Tempore and Secretary of the United States Senate.

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