1.1A resolution1.2memorializing Congress to offer greater flexibility to states and fully fund the No 1.3Child Left Behind Act as part of its reauthorization.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 may violate the Tenth Amendment of the United States Constitution, 1.9which restricts the power of the federal government to those so delegated by the United States 1.10Constitution and reserves powers not delegated to the federal government, such as education, to 1.11the states and the people; and 1.12WHEREAS, NCLB represents a federal intrusion into state and local control of education, 1.13which violates time-honored American principles of balanced federalism and respect for state 1.14and local prerogatives; and 1.15WHEREAS, NCLB is an unfunded mandate causing states and school districts to spend 1.16more money to implement NCLB than what Congress appropriates; and1.17WHEREAS, Congress is considering performance bonuses for schools that are closing 1.18the achievement gap; and 1.19WHEREAS, NCLB will, according to the Minnesota Office of the Legislative Auditor, 1.20cause between 80 percent and 100 percent of Minnesota elementary schools to fail to meet 1.21adequate yearly progress requirements by 2014, states should be given flexibility to determine 2.1which schools failed to make adequate yearly progress and which schools are in need of 2.2improvement; NOW, THEREFORE,2.3BE IT RESOLVED by the Legislature of the State of Minnesota  that it urges Congress to 2.4amend the No Child Left Behind Act before reauthorizing it in its current form, and that states 2.5such as Minnesota be allowed to continue to work toward the goal of closing the achievement gap 2.6without the coercion of losing federal funds. 2.7BE IT FURTHER RESOLVED by the Legislature of the State of Minnesota that it urges 2.8Congress to reconsider its expectations placed on states to reach 100 percent proficiency as 2.9measured by adequate yearly progress.2.10BE IT FURTHER RESOLVED that the Secretary of State of the  State of Minnesota is 2.11directed to prepare copies of this memorial and transmit them to the President and the Secretary of 2.12the United States Senate, the Speaker and the Clerk of the United States House of Representatives, 2.13and Minnesota's Senators and Representatives in Congress so that they may be apprised of the 2.14sense of the Minnesota Legislature in this matter.