John P. Kelly
Boerne ISD

Remembering that education is a state responsibility rather than one enumerated in our U.S. Constitution, I am heartened by a recent federal appeals court decision. 

The court ruled (on a 2-1 decision) that the federal government cannot force states and school districts to spend their own funds for meeting the mandates of the “No Child Left Behind” law.  The lawsuit originally filed by various entities (including a Texas school district and the National Education Association) now resides again with the original trial judge for further action.  What a victory this could be! 

I confess I remain skeptical about the ultimate outcome.  Our court system generally increases rather than decreases federal mandates – and always seems to find a way to let legislators impose new taxes without necessarily funding them.  We need a landmark court decision on the scale of Brown vs. the Board of Education to establish that legislators are prohibited from passing laws for which they have not specifically identified and provided adequate funding. 

When Rod Paige, ex-Secretary of Education, originally touted the No Child Left Behind Laws, he noted that it would exempt school districts from those provisions of the law not fully funded.  However, since that time federal officials have apparently referred to his public comments as “stray remarks.”  The current Secretary of Education Margaret Spellings notes that those opposed to NCLB laws are demonstrating the “soft bigotry of low expectations.” Well, I certainly don’t dispute the notion that no child should be left behind – and that high expectations for student achievement ought to be in place.  But despite the law’s best intentions, it is an unprecedented federal intrusion into local and state government funding – and one that places an (unforeseen?) enormous burden on local taxpayers and state coffers. 

Ironically, much of the federal accountability approach used in NCLB originated in our impressive Texas public education accountability system. It was unsuccessfully cloned and cross-bred at the federal level. Like some Hollywood Horror B movie, the resulting monster has its tentacles wrapped around local school boards, telling them who to hire and fire – and requiring them to swell the number of personnel employed. 

We protest this federal intrusion from a high place.  Boerne ISD has met the student achievement standards contained in the NCLB legislation. In fact one of our schools is now being considered for its highest honors as a NCLB National Blue Ribbon School. But we’ve also been forced to add or change personnel because of the law’s requirements for certified teachers in every subject during every portion of a child’s day. The law lacks the necessary flexibility for hiring that uniquely gifted teacher who may lack the education college credential but who has great knowledge and natural teaching talent. Perhaps he has an MBA, has managed his own company, and has even taught at the college level. He wants to teach business and economic classes at a high school but finds himself stymied by a law requiring him to take a large infusion of educational classes before he is deemed “highly qualified”. Local school boards may no longer hire this man without running afoul of federal law.   

Republicans and Democrats are both at fault for unfunded mandates. One party constantly touts the advantages of lower taxes – while increasing the very unfunded mandates (such as No Child Left Behind) requiring higher taxes! The other party seems to think the U.S., state, and local governments are solely responsible for 24/7 childcare when parents don’t do their job.