SF 3489

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

1.1     A resolution
1.2     memorializing the Congress of the United States to repeal the No Child Left Behind 
1.3     requirements in the schools.
1.4     WHEREAS, although the intent of the No Child Left Behind Act is honorable, flexibility 
1.5     and modifications are necessary; and  
1.6     WHEREAS, federal funds to administer the requirements of No Child Left Behind have 
1.7     fallen short of the amount promised when No Child Left Behind was passed and continue to fall 
1.8     short according to the Minnesota Legislative Auditor��������s March 2004 report; and  
1.9     WHEREAS, in small, rural, and isolated districts and in special purpose schools, the 
1.10    requirement on teachers and paraprofessionals to be "highly qualified" is unfair and impracticable; 
1.11    and  
1.12    WHEREAS, the requirement of states to identify a school as not making adequate yearly 
1.13    progress due solely to a subgroup of students with disabilities not testing at a proficient level 
1.14    is unreasonable; and  
1.15    WHEREAS, No Child Left Behind should allow states to identify a school as not making 
1.16    adequate yearly progress after the school has missed the adequate yearly progress targets in the 
1.17    same subject and subgroup for two consecutive years; and
1.18    WHEREAS, No Child Left Behind should allow for states to develop a plan for determining 
1.19    adequate yearly progress that uses multiple measures of student achievement that incorporate 
1.20    value-added measurement of student achievement in addition to standardized test results to 
1.21    evaluate school and student performance; and
2.1     WHEREAS, states should be allowed to use No Child Left Behind money to provide 
2.2     supplemental education services only in the academic subject area that causes a school to miss 
2.3     adequate yearly progress; and
2.4     WHEREAS, although the Minnesota commissioner of education has repeatedly sought 
2.5     waivers to help to modify No Child Left Behind, the federal Department of Education has not 
2.6     approved a sufficient number of waivers; and
2.7     WHEREAS, No Child Left Behind represents a federal intrusion into state and local control 
2.8     of education, which violates time-honored American principles of balanced federalism and 
2.9     respect for state and local prerogatives; and
2.10    WHEREAS, No Child Left Behind may violate the Tenth Amendment of the United States 
2.11    Constitution, which restricts the powers of the federal government to those so delegated by the 
2.12    United States Constitution and reserves powers not delegated to the federal government, such as 
2.13    education, to the states and the people; 
2.14    WHEREAS, Congress will be reauthorizing the federal Elementary and Secondary 
2.15    Education Act in 2007; NOW, THEREFORE,  
2.16    BE IT RESOLVED by the Legislature of the State of Minnesota  that it urges the President 
2.17    and the Congress of the United States to repeal the requirements of No Child Left Behind on 
2.18    our nation's schools.
2.19    BE IT FURTHER RESOLVED that the Secretary of State of the  State of Minnesota is 
2.20    directed to prepare copies of this  memorial and transmit them to the President of  the United States, 
2.21    the President and the Secretary of the  United States Senate, the Speaker and the Clerk of the United  
2.22    States House of Representatives, and Minnesota's Senators and  Representatives in Congress.