Federal K-12 Regulations | Video

Kristin Clouston | 3/4/2013

North Dakota initially chose to opt out of No Child Left Behind Act. But because of a paperwork holdup, the state will be operating under those guidelines in the next school year. State Superintendent of Public Instruction Kirsten Baesler said she has withdrawn the state`s application for the Elementary and Secondary Education Act flexibility waiver.

If waivers are approved, the state`s guidelines will be different than those in no child left behind. North Dakota submitted its application in September and still hasn`t been given approval. Baesler says schools need to start planning for next year and don`t have time to wait on the federal government.

Baesler says she liked the idea of developing a state determined plan, but the application met multiple delays.

"The further progressed through the waiver process, the more we were asked to adopt another national, one size fits all model of education and replacing one set of poor rules and regulations with yet another set of poor rules and regulations. We determined there is very little flexibility for us in the ESEA waiver."

The state and U.S. Department of Education disagree on how the level of non-proficient students should change over the next six years.

"North Dakotans believe in setting realistic attainable goals and then providing support. On the other hand the U.S. Department of Education is firm in its belief it must be set high, even if that bar is quite likely to cause a sense of hopelessness and futility for those asked to achieve it," Baesler said.

North Dakota`s application proposed reducing the number of non-proficient students by 25 percent. The U.S. Department of Education wants to see twice as many non-proficient students become proficient. That`s a requirement it`s placing on all states.

The North Dakota School Boards Association and The North Dakota Education Association have given Baesler their full support. She plans to reach out to our leaders in Washington with the hope they will review, reform and reauthorize the Elementary and Education act.

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