As recently as two weeks ago, the U.S. Department of Education reconfirmed in writing the message it had conveyed to North Dakota educators in December: the state's plan for designating elementary teachers as "highly qualified" does not meet NCLB requirements (click here for more). The caterwauling from North Dakota's congressional members and state leaders was tremendous, but the feds seemed prepared to hold the state to the letter of the law. And North Dakota teachers sensibly began to accept the fact that they wouldn't be deemed highly qualified just because they'd spent years in the classroom. Many started to take steps to come into compliance. In other words, people's behavior was starting to change, exactly as NCLB intended. Unfortunately, just last week - a mere three days after Margaret Spellings was confirmed, and perhaps before she really focused on this episode - the Department reversed its earlier decision and told North Dakota that all elementary teachers currently practicing in the state with certification and an education major will be considered in compliance with NCLB's highly qualified teacher provision. At least for now and maybe longer. While Spellings "wouldn't characterize [the move] as a reversal by any stretch," because North Dakota supposedly has a "high, objective, uniform state standard for evaluation" - a.k.a. HOUSSE, the loophole that has been exploited by many states - we question whether this move sets the right tone for a leader who claims that "states shouldn't expect waivers from the law under her watch."
"Spellings to listen, but not retreat, on NCLB," by Erik K. Robelen and Lynn Olson, Education Week, February 4, 2005
"Feds say teachers qualified to teach after all," by Paulette Tobin, Grand Forks Herald, February 3, 2005
"State must comply with federal education ruling," by Sheena Dooley, Bismarck Tribune, January 25, 2005