Virginia Left Behind

Opting out of No Child Left Behind would be a costly mistake.

LEGISLATION is progressing in the Virginia General Assembly that would pull the state out of the No Child Left Behind law's oversight. No matter that the law has helped boost student learning and narrow the achievement gap, that schools are more accountable, and that students who go to failing schools now have options. Not even the threatened loss of millions of dollars in federal education aid seems to worry lawmakers more intent on making political points than good public policy.

Both the House and Senate passed bills that would drop Virginia from the federal education program unless the U.S. Education Department waives some requirements. The legislation directs the state Board of Education to come up with a plan for withdrawal, with one version even setting a deadline of June 30, 2009. Del. R. Steven Landes (R-Augusta), a sponsor of the House bill, said that he hopes to clarify it so that the legislature would have to act again to sign off on any withdrawal. The bills are in conference, where one hopes that they will die as the legislature rushes to adjourn. Gov. Timothy M. Kaine (D) has said he won't support the measure, and the state board, while wanting more flexibility, doesn't favor a state withdrawal. They undoubtedly are mindful that Virginia would stand to lose an estimated $300 million a year, a hole in the state budget that couldn't be tolerated. Nonetheless, the bills passed by overwhelming margins, a product of Republicans averse to federal involvement and Democrats mindful of teachers unions' opposition to No Child Left Behind. The result could produce the dubious distinction of Virginia becoming the first state to try to opt out of the landmark bill.

The initiative isn't all that surprising, given Virginia's past complaints about the law and the state's efforts to seek exemptions. Most notable was its ill-advised rebellion over the testing of children with limited proficiency in English. The state eventually backed down in the face of a loss of federal funds, but the reluctance to hold all students to the same standards says much about why No Child Left Behind is needed. The federal law surely has flaws, but Virginia lawmakers are kidding themselves in claiming that state practices are sufficient. Until No Child Left Behind came along, school districts were able to mask the low achievement of poor and minority students, there was no recourse for parents and children in failing schools, and no one was held accountable. In passing the measures, lawmakers talked about sending a message to Washington. Too bad it's one that ignores the interests of children.