Texas Born, But Struggling: State Joins Others in Getting Waiver from No Child Left Behind Law

While news of the federal shutdown, and launch of the Health Care Marketplaces, soaks up much of the news today, a story out of DC and Austin getting attention of Texas educators. While some are delighted for having more flexibility in dealing with struggling schools, we can’t help but note the irony in this coming out of policy that was originally inspired by Texas, and written (largely) by Texans.

Former President George W. Bush signing “No Child Left Behind” into law in 2002.

(Morgan Smith, Texas Tribune)
After nearly a year of negotiations, the state has finally secured a waiver from No Child Left Behind, the Texas Education Agency announced Monday.

With the reprieve, only the lowest-performing 15 percent of schools will be subject to a series of federally prescribed interventions, instead of what would have been nearly all of the state’s school districts next year because of a failure to meet the law’s requirement that 100 percent of their students pass reading and math exams by 2014. Struggling school districts will also no longer be required to set aside 20 percent of their funding for remedial tutoring services.

“The underlying message throughout our negotiations with the federal government has been Texans know what’s best for Texas schools,” TEA commissioner Michael L. Williams said in a statement. “I believe our school districts will appreciate the additional flexibility this waiver provides while also adhering to our strong principles on effective public education.”

U.S. Secretary of Education Arne Duncan said in a letter to the agency that he had granted the waiver for the 2013-14 school year with the condition that Texas continue development of a new teacher evaluation system. The Obama administration has pushed for student achievement on standardized tests to be included as a review of teacher performance, while the agency has said it does not have the authority to require districts to use a specific evaluation measure.

In the final waiver approved by Duncan, the TEA agreed to continue to solicit input about how best to include student growth in  evaluations, including the possibility of weighing performance on statewide tests at 20 percent of a teacher’s assessment. It also has yet to decide what factors it will use to determine the bottom 15 percent of school districts.

During a Monday conference call with reporters, Williams said that the state would pilot the new evaluation system in about 40 districts statewide during the 2014-15 school year. He would then “invite, encourage, cajole” the remaining districts to adopt it for the following year.

When asked whether he would push for the authority to require districts to use the state-developed system during the next legislative session, Williams left the option open. He said the agency had not yet focused on a legislative agenda.

Texas decided to ask for the waiver of the nearly a year ago and had been one of just nine states still waiting for a reprieve from the federal education law.
(Read more of this story at the Texas Tribune)

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