Making Your Voices Heard:
What Does NCLB Re-authorization Mean?

Soon, Congress will re-authorize the No Child Left Behind Act (NCLB), which was signed into law on January 8, 2002. It is one of the most expansive and far reaching federal education laws ever written. While consisting of over 40 different federal education programs, the law’s primary section is known as Title I of the Elementary and Secondary Education Act (ESEA). Title I was originally passed in 1965, as part of President Johnson’s War on Poverty and targeted toward low-income elementary and secondary schools.
 

Q.	What Does Re-authorization Mean?
A.	When Congress passes laws, they are usually not permanent, but expire over a period of time—usually five years. Congress then must revisit the law, and if they so desire, take the necessary steps to “re-authorize” for another period of time. Re-authorization really means renewing the former law.
Q.	When Does NCLB Expire?
A.	September 30, 2007.
Q.	What is the Purpose of the Re-authorization Process?
A.	The process is designed to allow Congress to collect data and information about the old law. Before Congress reauthorizes a law, they attempt to determine the efficacy of the former law. To do this, they hold hearings, obtain input from stakeholder organizations, and do on-site visits where the programs are in effect. On the basis of this data collection, they try to make changes in the law that will improve its impact. At the same time, lobbying groups and nonprofit associations visit Congressional offices and recommend changes or amendments to the law. In the case of NCLB, these organizations include teacher unions, school superintendents, parent group, school principals, civil rights groups, community-based organizations, business, higher education, governors, state legislators, mayors, reformers and the education research community.
Q.	What is the Legislative Process of Re-authorization?
A.	The re-authorization process starts at the committee level. On the House side, the key committee is the Education and Labor Committee, and because the House is much larger than the Senate, they usually split re-authorization work between various subcommittees. On the Senate side, the key committee is known as the HELP Committee, which stands for Health, Education, Labor and Pensions. Here, because the Senate is much smaller, the work of reauthorization will be done by the full committee. The committees then hold hearings and request input, and then the bill undergoes the “mark-up” process, which involves proposed changes in the form of amendments. After this is finished, votes are taken on the amendments or packages of amendments and the subcommittees or committee will vote to “report out” a bill that then is scheduled for debate on the floor of the Senate and House. If the House and Senate pass different bills, a conference committee consisting of Senators and House members from both sides of the aisle hammer out the differences. The bill then goes back to the House and Senate for yes or no votes, and then is sent to the president for his signature.
Q.	What Options Does Congress Have in Acting on NCLB?
A.	Congress could decide to do a number of things. They could:   1. Radically change the law’s intent and core. 2. Keep the core of the law the same, but make minor changes and adjustments. 3. Eliminate and dismantle the law. 4. Keep the law the same. 5. Not reach consensus on what a new law would look like, because they do not have the votes to pass any version of the law.
Q.	What Happens If Congress Does Not Act by the Expiration Date?
A.	Congress would then pass what is known as a Continuing Resolution that would extend the old law over a period of time—usually for a year. This buys time so that there is another year to work to re-authorize a new law.
Q.	Will Congress Complete Reauthorization by the Expiration Date of September 30, 2007?
A.	No one really knows. There is speculation that because Congress has so many other issues on their agenda, including the overall federal budget, immigration, taxes, health care, Social Security, the Iraqi war, among others, they will not be able to complete the process by the expiration date. It is conjectured that if they do not complete re-authorization by the expiration date, they will have to carry such work over into 2008, which will involve a shortened Congressional calendar because of the 2008 elections. Re-authorization will then be carried over after the elections into 2009. On the other hand, both the House and Senate are holding hearings and requesting comments for change, and could actually complete the re-authorization process by the expiration date.
Q.	As an Average Citizen, How Can I Get My Opinions Heard?
A.	When NCLB was passed in 2002, very few citizens, organizations, or stakeholders were able to voice an opinion. The law was actually passed in a very closed process between the Congress and the White House. But this time is different. Congress is requesting comments and the process is much more open. Citizens can and should be involved in a variety of ways. They include:   1. Become knowledgeable about NCLB and the major provisions of the law. 2. Collect information about both the strong and the areas of the law that requires improvement, based on their own personal experiences regarding NCLB. Almost every member of the House and the Senate wants information about how NCLB is working in their congressional districts and states, along with recommended solutions. 3. Hold public hearings, town meetings, PTA events and surveys to seek the voices of the public. Make sure that students are part of the community dialogue. 4. Communicate with your own members of Congress via letters, faxes, phone calls, personal visits to local offices, and e-mails. Get to know the education person on the staff of your member of Congress. 5. Become active in organizations that are taking positions on NCLB and lobby on behalf of citizens and groups such as local education funds, civic organizations and civil rights organizations. 6. Identify two or three major areas that you believe need changing or improving. 7. Invite policy makers to your school or to your meetings. Show them what works effectively in your schools and how NCLB can be a benefit.