State Regents seek waivers on 'No Child'

State Regents are seeking waivers from the Bush-era "No Child Left Behind" law in exchange for boosting high-school test scores in English and math.

Under a plan approved Monday, New York State will ask the Obama administration for exemptions from key federal regulations, including a requirement that all students have skills appropriate for their grade levels by 2014. Most educators consider that rule unrealistic.

In return, the state will push high schools to increase numbers of students earning at least 75 on Regents English exams and 80 in Regents math. Teens would still graduate with minimum scores of 65.

Moreover, the state would place the top-performing 20 percent of schools in a new "rewards" category, eligible for exemptions from some paperwork requirements. The bottom 5 percent of schools would need to meet extra requirements, including submission of improvement plans.

State officials also are weighing a potential option for students in failing schools, allowing them to enroll in academic classes run by regional BOCES. The option would require a change in state law, and would be aimed largely at upstate districts. But Tom Rogers, superintendent of Nassau BOCES, said he believes his system also would be considered for the program, if it is approved.

The Regents vote was 11-0, with two abstentions and four members absent.

Long Island educators generally support waivers, saying that continued enforcement of the universal proficiency standard could result in all schools being labeled failures. In November, the state listed 106 Island schools as needing academic improvement -- more than triple the number of a year before.

"New York is making significant progress and shouldn't be penalized for not achieving an impractical goal," said Alan Groveman, the Connetquot schools chief and president of the Suffolk County School Superintendents Association.

Many school officials object, however, to the state's new emphasis on exam scores of 80 or better in ninth-grade algebra. These educators say it's more important to encourage advancement into higher-level courses in geometry and beyond.

"That really is going to be a challenge in math, and the big worry is that fewer students may move on," said Carol Burris, principal of South Side High School in Rockville Centre.

"No Child Left Behind" was pushed through Congress with bipartisan support in 2001 by then-President George W. Bush. Last fall, President Barack Obama offered states waivers through executive order after Congress did not amend the law as he recommended. On Friday, the president granted initial waivers to 10 states.

Many of the law's controversial provisions remain in place -- notably, annual testing in grades 3-8.

New York state envisions additional testing in grades 8-10, if funding becomes available.

State education officials are seeking exemption from another provision that requires failed schools to set aside 20 percent of federal "Title I" aid, which is used by parents to hire tutors. Instead, the state wants to let schools use the money to expand instruction -- through longer academic days, for example.

State Education Commissioner John B. King Jr. contended that most outside tutoring agencies used in the program had proven ineffective.

But Roger Tilles of Great Neck, the Island's representative on the Regents board, said that tutoring provided by the nonprofit Urban League of Long Island had worked well, and that returning control of money to individual districts could be a mistake because they may not spend the money wisely.