Federal

U.S. Orders Alabama District to Offer NCLB Transfers

By Erik W. Robelen — January 03, 2006 2 min read
  • Save to favorites
  • Print

The U.S. Department of Education has ordered the Birmingham, Ala., school district to allow students from a dozen low-performing middle schools to transfer to other schools under the No Child Left Behind Act.

Letters from the 34,000-student school district were to have gone out in late December notifying parents of more than 5,000 students that they could choose an alternative public school for the second semester. Those letters came in response to a Dec. 13 order from the federal education agency.

William L. Taylor, the chairman of the Washington-based Citizens’ Commission on Civil Rights, a private watchdog group that is tracking implementation of the NCLB school transfer provisions, said he was not aware of any other instances in which the federal government has ordered a specific district to offer choice.

The order came after Citizens for Better Schools, a Birmingham-based advocacy group, challenged the district over its compliance with the school choice provision of the 4-year-old federal law. “The regulations are very clear, at least as far as we are concerned,” said Ronald E. Jackson, the executive project director for the group.

“Laws are not self-executing, and No Child Left Behind will not work until parents and public-advocacy groups … make sure that local school boards, no matter how much they disagree with the law, comply with it and try to make it work,” he added.

Officials from the Birmingham district could not be reached for comment last week.

Tutoring Offered Instead

Under the federal law, if a school that receives federal Title I anti-poverty funding does not make adequate yearly progress in student performance for two or more consecutive years, it is considered “in need of improvement.” At that point, the district is required to offer families the option of sending their children to a school not in that category. After a third year of failing to make AYP, schools must offer students access to free tutoring, known under the law as supplemental educational services.

A statement by the Birmingham school board said district officials thought they were complying with the law by offering tutoring to students in affected schools.

“District administrators believed No Child Left Behind allowed the district to make that offer instead of the transfer option,” according to a board statement quoted by The Birmingham News.

Mr. Jackson said the district maintained that it didn’t have space to accommodate the students in other schools. Most middle schools in the district have been labeled as needing improvement.

Maggie Rivers, who heads federal programs at the Alabama Department of Education, said a main concern of the district was that even those schools that were not technically subject to the federal law’s sanctions were low-performing.

State Request Rejected

The state itself had asked the federal government whether the district might wait until next school year, given that it believes the remaining schools may not make AYP, but the U.S. Education Department rejected the request.

In August, U.S. Secretary of Education Margaret Spellings agreed to a pilot program allowing four districts in Virginia to effectively reverse the order of the NCLB sanctions and offer tutoring in the second year and transfers in the third.

The move marked the first time the federal department used its power to waive provisions of the statute itself rather than simply grant regulatory flexibility in how the law is carried out. (“NCLB Waiver Lets Virginia Offer Tutoring Before Choice,” Sept. 7, 2005.)

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
Student Well-Being Webinar
Attend to the Whole Child: Non-Academic Factors within MTSS
Learn strategies for proactively identifying and addressing non-academic barriers to student success within an MTSS framework.
Content provided by Renaissance
School & District Management Webinar Getting Students Back to School and Re-engaged: What Districts Can Do 
Dive into districtwide strategies that are moving the needle on the persistent problem of chronic absenteeism and sluggish student engagement.
Student Well-Being Webinar How to Improve the Mental Wellbeing of Teachers and Their Students: Results of the Third Annual Merrimack Teacher Survey
The results of the third annual Merrimack American Teacher Survey are in! Join this webinar and get an inside look into teacher and student well-being.

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 Federal School Safety Clearinghouse Taps Diverse Array of Advisers
Educators, advocates, and parents whose children died in school shootings will advise officials on school safety.
3 min read
Image of a school hallway with icons representing lockdowns, SRO, metal detectors.
via Canva
Federal Kamala Harris' Potential VP Picks: Where They Stand on Education
Some of the contenders for the No. 2 spot on the Democratic ticket have extensive K-12 records.
11 min read
Vice President Kamala Harris speaks to members of the American Federation of Teachers at their annual conference in Houston on July 25, 2024.
Vice President Kamala Harris speaks to members of the American Federation of Teachers at their annual conference in Houston on July 25.
Annie Mulligan for Education Week
Federal Kamala Harris Rallies Teachers: 'God Knows We Don't Pay You Enough'
Harris called for student loan forgiveness and union member protections in her speech at the American Federation of Teachers' convention.
4 min read
Vice President Kamala Harris speaks to members of the American Federation of Teachers at their annual conference in Houston on July 25, 2024.
Vice President Kamala Harris speaks to members of the American Federation of Teachers at their convention in Houston on July 25, 2024. Harris spoke to the nation's second largest teachers' union just days after President Joe Biden abandoned his reelection bid and the vice president appeared to clinch the Democratic presidential nomination.
Annie Mulligan for Education Week
Federal What Works Clearinghouse: Inside 20 Years of Education Evaluation
After two decades of the What Works Clearinghouse, research experts look to the future.
4 min read
Blue concept image of research - promo
iStock/Getty