An OSBA newsletter for school board members on the No Child Left Behind Act — February 2006

Curriculum issues                                                                               by Rob Delane, director of school board development
Guidance available on free tutoring provisions of NCLB
Under the No Child Left Behind Act (NCLB), low–income students in schools designated “in need of improvement” for at least two years may be eligible to receive free tutoring or other academic enrichment services. This extra help is referred to as supplemental educational services (SES). The U.S. Department of Education has issued guidance that not only clarifies the roles of states and districts, but also features ideas for connecting parents to supplemental educational service providers that offer free tutoring and other academic enrichment activities. For more information on these guidance procedures and finding others who are actively engaged in working with parents to improve student achievement and learning, visit: www.ed.gov/news/newsletters/extracredit/2005/06/0615.html.

Legal issues                                                                                                                             by Hollie F. Reedy, staff attorney
NEA lawsuit dismissed in federal court
The federal lawsuit filed by the National Education Association (NEA) and school districts in three states, including Ohio, Pontiac v. Spellings, was dismissed for failure to state a claim. Chief Judge J. Friedman upheld on the issue of the standing of the plaintiffs (NEA and school districts) to bring the claim. But the judge proceeded to dismiss on the ground that the statute upon which the claim was based could not be reasonably interpreted to support the claim that Congress could not impose unfunded mandates in the form of conditions attached to accepting federal dollars. The court instead narrowly interpreted the language of the statute upon which the complaint was based, stating that it meant that “officers and employees” of the government could not impose unfunded mandates beyond the unfunded mandates provided for in the legislation. The plaintiffs already have indicated they will appeal the ruling.

Legislative issues                                                                                     by Fred Pausch, director of legislative services
Congress cuts education funding
In one of the last acts of its 2005 session, Congress cut educational funding and passed the first-ever national program for school vouchers. The 1% cut for all domestic programs — including education — was put into the Department of Defense appropriations bill. The bottom line for education is that Title I funding will be slashed by $28 million and Individuals with Disabilities Education Act funding will be cut by $7 million below 2005 levels. The legislation also appropriates $645 million in vouchers for public and private schools for assistance for enrolled students displaced by last year’s hurricanes.