Federal

Secretary to Weigh NCLB Waivers for Crisis on a Case-by-Case Basis

By Lynn Olson — September 13, 2005 3 min read
  • Save to favorites
  • Print

Besides scrambling to find teachers, textbooks, and classroom space for the estimated 300,000-plus students displaced by Hurricane Katrina, schools taking in the evacuees are waiting to see whether they’ll have to bring them up to the proficient level on state tests in order to make adequate yearly progress under federal law.

The National Education Association, the nation’s largest teachers’ union, has asked U.S. Secretary of Education Margaret Spellings and members of Congress to waive accountability provisions of the No Child Left Behind Act for schools hit by the hurricane as well as those taking in large numbers of new students. But in an interview aired on National Public Radio on Sept. 4, the secretary said she was not inclined to suspend the AYP rules.

“We don’t want to write off the school year academically for these kids and shouldn’t, at least not yet,” Ms. Spellings said during the interview.

In a subsequent, online forum hosted by the White House on Sept. 6, the secretary appeared to moderate that stance.

“We will be working closely with state and local officials in the coming days to discuss the implications for No Child Left Behind state testing and accountability requirements and, on a case-by-case basis, we will be flexible with certain provisions of the No Child Left Behind Act as they emerge,” she said.

And in a Sept. 7 conference call with reporters, Ms. Spellings re-emphasized that she would look at requests on an individual basis.

“One of the things that the community is asking for is this broad-blanket, nationwide sort of waiver approach, which does not seem to be in order at the moment,” she said.

The nearly 4-year-old federal law requires states to calculate whether schools and districts are making adequate progress based on the test scores of students enrolled for a “full academic year.” Schools and districts receiving federal Title I money for disadvantaged children that fail to meet their targets are subject to a range of increasingly stiff consequences.

One concern is that if Secretary Spellings does not provide some reprieve from the AYP requirements, schools could have a disincentive to enroll students displaced by the hurricane in a timely fashion and to keep them enrolled on a continuous basis.

In Texas, which was expecting to enroll as many as 70,000 evacuees, AYP calculations are based on the performance of students enrolled on the “fall-enrollment-snapshot date,” typically the last Friday in October. In both Louisiana and Mississippi, the two states most severely affected by Hurricane Katrina, students must be continuously enrolled in school from Oct. 1 to the date of state testing.

Concern Down the Road

By early last week, more than 300 displaced students had shown up in the 44,600-student Alief Independent School District, on the far southwest side of the Houston metropolitan area.

“We’re going to enroll them regardless [of the AYP implications]. These children have nowhere else to go, and Houston is absolutely full of evacuees,” said Sarah B. Winkler, the president of the Alief school board.

But she added that it would be unfair to hold the schools or their new students accountable for performance on Texas tests that cover material not taught in the children’s home state of Louisiana.

“If we get 1,000 students, how is that fair to us to count that against us for adequate yearly progress?” she said.

Other school officials said they would cope with federal accountability requirements later, but for now they have more immediate concerns.

“We have no homes, we have no schools for them to go to,” said Sue Matheson, the superintendent of the 2,000-student Pass Christian school system on Mississippi’s ravaged Gulf Coast. “Certainly, the priority right now is not on test scores.”

Charity O. Smith, the director of accountability for the state education department in Arkansas, a destination for many evacuees, said that her state’s schools “are going to take in the students regardless of AYP impact. They’re simply going to do that.” But, from a practical point of view, she cautioned, people are going to become concerned about such issues down the road.

“I just left a disaster-relief center, and I visited with a number of the youngsters and their parents,” Ms. Smith said. “Many of the youngsters are not ready for school emotionally. That kind of assessment is going to be individual, student by student, getting them ready, because they’ve been traumatized.”

Staff Writers Michelle R. Davis and Alan Richard contributed to this report.
A version of this article appeared in the September 14, 2005 edition of Education Week as Secretary to Weigh NCLB Waivers for Crisis on a Case-by-Case Basis

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Bridging the Math Gap: What’s New in Dyscalculia Identification, Instruction & State Action
Discover the latest dyscalculia research insights, state-level policy trends, and classroom strategies to make math more accessible for all.
Content provided by TouchMath
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
Belonging as a Leadership Strategy for Today’s Schools
Belonging isn’t a slogan—it’s a leadership strategy. Learn what research shows actually works to improve attendance, culture, and learning.
Content provided by Harmony Academy
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Will the Ed. Dept. Act on Recommendations to Overhaul Its Research Arm?
An adviser's report called for more coherence and sped-up research awards at the Institute of Education Sciences.
6 min read
The U.S. Department of Education building is pictured on Oct. 24, 2025, in Washington, D.C.
The U.S. Department of Education building in Washington is pictured on Oct. 24, 2025. A new report from a department adviser calls for major overhauls to the agency's research arm to facilitate timely research and easier-to-use guides for educators and state leaders.
Maansi Srivastava for Education Week
Federal Trump Talks Up AI in State of the Union, But Not Much Else About Education
The president didn't mention two of his cornerstone education policies from the past year.
4 min read
President Donald Trump enters to deliver the State of the Union address to a joint session of Congress in the House chamber at the U.S. Capitol in Washington, Tuesday, Feb. 24, 2026.
President Donald Trump enters to deliver the State of the Union address to a joint session of Congress in the House chamber at the U.S. Capitol in Washington, Tuesday, Feb. 24, 2026. The president devoted little time in the speech to discussing his education policies.
Kenny Holston/The New York Times via AP, Pool
Federal Education Department Will Send More of Its Programs to Other Agencies
Education grants for school safety, community schools, and family engagement will shift to Health and Human Services.
4 min read
Various school representatives and parent liaisons attend a family and community engagement think tank discussion at Lowery Conference Center on March 13, 2024 in Denver. One of the goals of the meeting was to discuss how schools can better integrate new students and families into the district. Denver Public Schools has six community hubs across the district that have serviced 3,000 new students since October 2023. Each community hub has different resources for families and students catering to what the community needs.
A program that helps state education departments and schools improve family engagement policies is among those the Trump administration will transfer from the U.S. Department of Education to the U.S. Department of Health and Human Services. In this photo, school representatives and parent liaisons attend a family and community engagement discussion on March 13, 2024, in Denver to discuss how schools can better integrate new students and families into the district.
Rebecca Slezak For Education Week
Federal New Trump Admin. Guidance Says Teachers Can Pray With Students
The president said the guidance for public schools would ensure "total protection" for school prayer.
3 min read
MADISON, AL - MARCH 29: Bob Jones High School football players touch the people near them during a prayer after morning workouts and before the rest of the school day on March 29, 2024, in Madison, AL. Head football coach Kelvis White and his brother follow in the footsteps of their father, who was also a football coach. As sports in the United States deals with polarization, Coach White and Bob Jones High School form a classic tale of team, unity, and brotherhood. (Photo by Jahi Chikwendiu/The Washington Post via Getty Images)
Football players at Bob Jones High School in Madison, Ala., pray after morning workouts before the rest of the school day on March 29, 2024. New guidance from the U.S. Department of Education says students and educators can pray at school, as long as the prayer isn't school-sponsored and disruptive to school and classroom activities, and students aren't coerced to participate.
Jahi Chikwendiu/Washington Post via Getty Images