1.1                             A resolution 
  1.2             memorializing the Congress of the United States to 
  1.3             amend the No Child Left Behind Act according to the 
  1.4             recommendations of the National Conference of State 
  1.5             Legislatures' task force on No Child Left Behind. 
  1.6      
  1.7      WHEREAS, in 2002 the No Child Left Behind (NCLB) Act was 
  1.8   enacted on a bipartisan basis, which has as its purpose bringing 
  1.9   academic achievement in language arts, mathematics, and science 
  1.10  to students who are not presently achieving at acceptable 
  1.11  levels; and 
  1.12     WHEREAS, NCLB may violate the Tenth Amendment of the United 
  1.13  States Constitution, which restricts the power of the federal 
  1.14  government to those so delegated by the United States 
  1.15  Constitution and reserves powers not delegated to the federal 
  1.16  government, such as education, to the states and the people; and 
  1.17     WHEREAS, NCLB represents a federal intrusion into state and 
  1.18  local control of education, which violates time-honored American 
  1.19  principles of balanced federalism and respect for state and 
  1.20  local prerogatives; and 
  1.21     WHEREAS, in 2004 the National Conference of State 
  1.22  Legislatures created a bipartisan task force to study NCLB and 
  1.23  the task force suggested specific changes to make NCLB more 
  1.24  workable, more responsive to variations among the states, and 
  1.25  more effective in improving elementary education; and 
  2.1      WHEREAS, a stated goal of NCLB is to provide flexibility 
  2.2   for states to improve academic achievement and to close the 
  2.3   achievement gap, the task force found that little flexibility 
  2.4   has been granted to states to implement NCLB; and 
  2.5      WHEREAS, NCLB does not allow states, such as Minnesota, 
  2.6   with successful accountability systems to use their state system 
  2.7   to comply with the spirit of NCLB; and 
  2.8      WHEREAS, even though Minnesota has demonstrated significant 
  2.9   success in raising student achievement through standards and 
  2.10  accountability, there is no provision in NCLB to allow states 
  2.11  such as Minnesota to use their state accountability system to 
  2.12  comply with the spirit of NCLB; and 
  2.13     WHEREAS, NCLB sets expectations for all students to be 100 
  2.14  percent proficient by 2013-2014, the expectations are 
  2.15  unreasonable for students with limited English proficiency and 
  2.16  students with disabilities, making it impossible for Minnesota 
  2.17  schools to comply with the law; and 
  2.18     WHEREAS, states should be allowed to use a value-added or 
  2.19  student-growth approach in their state accountability plan; and 
  2.20     WHEREAS, NCLB will, according to the Minnesota Office of 
  2.21  the Legislative Auditor, cause between 80 percent and 100 
  2.22  percent of Minnesota elementary schools to fail to meet adequate 
  2.23  yearly progress (AYP) requirements by 2014, states should be 
  2.24  given flexibility to determine which schools failed to make AYP 
  2.25  and which schools are in need of improvement; and 
  2.26     WHEREAS, NCLB coerces participation by placing punitive 
  2.27  financial consequences on states refusing to participate; and 
  2.28     WHEREAS, NCLB is an unfunded mandate causing states and 
  2.29  school districts to spend more money to implement NCLB than what 
  2.30  Congress appropriates; and 
  2.31     WHEREAS, NCLB provides for highly qualified teachers in 
  2.32  core academic areas, this requirement is in conflict with the 
  2.33  process for certifying special education teachers and that 
  2.34  special education teachers often teach several subjects; NOW, 
  2.35  THEREFORE, 
  2.36     BE IT RESOLVED by the Legislature of the State of Minnesota 
  3.1   that it urges the Congress of the United States to amend the No 
  3.2   Child Left Behind Act in accordance with the recommendations of 
  3.3   the National Conference of State Legislatures' task force on No 
  3.4   Child Left Behind, and that states such as Minnesota be allowed 
  3.5   to continue to work toward the goal of closing the achievement 
  3.6   gap without the coercion of losing federal funds. 
  3.7      BE IT FURTHER RESOLVED by the Legislature of the State of 
  3.8   Minnesota that it urges the Congress of the United States to 
  3.9   recognize the Individuals with Disabilities Education Act and 
  3.10  its amendments as the prevailing federal law with respect to 
  3.11  students with disabilities. 
  3.12     BE IT FURTHER RESOLVED by the Legislature of the State of 
  3.13  Minnesota that it urges the Congress of the United States to 
  3.14  reconsider its expectations placed on states to reach 100 
  3.15  percent proficiency as measured by AYP. 
  3.16     BE IT FURTHER RESOLVED by the Legislature of the State of 
  3.17  Minnesota that it urges the Congress of the United States to 
  3.18  request a Government Accountability Office evaluation of the 
  3.19  costs to states and local school districts of complying with the 
  3.20  NCLB requirements and of achieving the 100 percent proficiency 
  3.21  goals of NCLB. 
  3.22     BE IT FURTHER RESOLVED that the Secretary of State of the 
  3.23  State of Minnesota is directed to prepare copies of this 
  3.24  memorial and transmit them to the President and the Secretary of 
  3.25  the United States Senate, the Speaker and the Clerk of the 
  3.26  United States House of Representatives, and Minnesota's Senators 
  3.27  and Representatives in Congress so that they may be apprised of 
  3.28  the sense of the Minnesota Legislature in this matter.