NCLB: Monitoring the Regulatory Route (1/11/2008)

On Monday, President Bush was in Chicago urging Congress to revive the reauthorization of the No Child Left Behind Act (NCLB), but not to “weaken the accountability system” or else he will veto the bill. It was such non-negotiable encouragement for Congress that the speech elevated the discussion of an anticipated third course of action: effecting change through regulatory or administrative measures. Prior to the President’s speech in Chicago, U.S. Secretary of Education Margaret Spellings laid out the contingency plan if Congress fails to act in 2008. “We hope they will [reauthorize the law in 2008]. But if they don't, I'll take administrative steps at the Department, as I have in the last three years, to start to work on some of these matters.” She repeated this position at her Thursday Newsmaker Luncheon speech on the National Press Club. She stated that “Congress has had over a year to consider these reforms, but students and teachers need help now. So if Congress doesn't produce a strong bill quickly, I will move forward.”

The administrative steps Spellings referred to are not clear, but they likely begin with what the U.S. Department of Education (ED) has the authority to do. ED can certainly expedite the expansion of the growth model pilot program since that is already underway and ED could more aggressively monitor implementation, particularly around choice and supplemental educational services provisions, a priority for ED. The range of other administrative actions is limited, practically, by the limited scope of ED’s legal authority to makes changes to the law and by the near certain political resistance ED will encounter to any significant initiatives. Much remains unknown, and we will continue to monitor and analyze these matters as they develop.

Resources:
Maria Glod, “Congress is Urged to Enhance ‘No Child’ Law,” Washington Post, January 8, 2008, http://www.washingtonpost.com/wp-dyn/content/article/2008/01/07/AR2008010701823.html
“Press Gaggle by Tony Fratto and Secretary Margaret Spellings,” The White House, News & Policies, Office of the Press Secretary, January 7, 2008, http://www.whitehouse.gov/news/releases/2008/01/20080107.html.
“U.S. Secretary of Education Margaret Spellings Discusses No Child Left Behind, Priorities for 2008 During Remarks at National Press Club in Washington, DC,” United States Department of Education, http://www.ed.gov/print/news/pressreleases/2008/01/01102008.html.
Author: DAD