1.1A resolution1.2memorializing the Congress of the United States not to reauthorize the No Child Left 1.3Behind Act in its current form.1.4WHEREAS, in 2002 the No Child Left Behind (NCLB) Act was enacted on a bipartisan 1.5basis, which has as its purpose bringing academic achievement in language arts, mathematics, and 1.6science to students who are not presently achieving at acceptable levels; and  1.7WHEREAS, NCLB is scheduled to be reauthorized in 2007; and  1.8WHEREAS, NCLB sets expectations for all students to be 100 percent proficient by 1.92013-2014, the expectations are unreasonable for students with limited English proficiency and 1.10students with disabilities, making it impossible for Minnesota schools to comply with the law; and  1.11WHEREAS, states should be allowed to use a value-added or student-growth approach in 1.12their state accountability plan; and 1.13WHEREAS, states should have the flexibility to allow a district not making adequate yearly 1.14progress to offer supplemental education services as an option before offering school choice; and1.15WHEREAS, states should have the flexibility to allow a district not making adequate yearly 1.16progress to also be the supplemental educational services provider; and1.17WHEREAS, states should be allowed to use subgroup sizes of 40 for the purposes of 1.18calculating adequate yearly progress for subgroups of students with limited English proficiency 1.19and for subgroups of students with disabilities; and2.1WHEREAS, NCLB provides for highly qualified teachers in core academic areas, this 2.2requirement is in conflict with the process for certifying special education teachers and that 2.3special education teachers often teach several subjects; and2.4WHEREAS, NCLB coerces participation by placing punitive financial consequences on 2.5states refusing to participate; and 2.6WHEREAS, NCLB is an unfunded mandate causing states and school districts to spend 2.7more money to implement NCLB than what Congress appropriates; NOW, THEREFORE,  2.8BE IT RESOLVED by the Legislature of the State of Minnesota that it urges the Congress 2.9of the United States to repeal the No Child Left Behind Act.2.10BE IT FURTHER RESOLVED by the Legislature of the State of Minnesota  that it urges the 2.11Congress  of the United States, if it reauthorizes the No Child Left Behind Act, to amend it from 2.12its current form so that states such as Minnesota be allowed to continue to work toward the goal 2.13of closing the achievement gap without the coercion of losing federal funds.2.14BE IT FURTHER RESOLVED by the Legislature of the State of Minnesota that it urges the 2.15Congress of the United States to recognize the Individuals with Disabilities Education Act and its 2.16amendments as the prevailing federal law with respect to students with disabilities.2.17BE IT FURTHER RESOLVED by the Legislature of the State of Minnesota that it urges the 2.18Congress of the United States to reconsider its expectations placed on states to reach 100 percent 2.19proficiency as measured by Adequate Yearly Progress.2.20BE IT FURTHER RESOLVED that the Secretary of State of the  State of Minnesota is 2.21directed to prepare copies of this  memorial and transmit them to the President and the Secretary of 2.22the  United States Senate, the Speaker and the Clerk of the United  States House of Representatives, 2.23and Minnesota's Senators and  Representatives in Congress so that they may be apprised of the 2.24sense of the Minnesota Legislature in this matter.