Special Legislator

NEA Today, Apr 2004 by Jehlen, Alain

This state official with a national role has a classroom view of ESEA.

NEA PRESIDENT REG WEAVER often speaks about politicians who "couldn't last half an hour in your classroom," but he readily agrees that here's one who could-and does. he is Kory Holdaway, a Republican state representative in Utah who chairs the National Conference of State Legislatures' education committee. He's also an NEA member who teaches severely disabled students at Taylorsville High School near Salt Lake City. He spoke with NEA Today's Alain Jehlen about the revised Elementary and secondary Education Act (ESEA).

How does classroom experience affect your view of ESEA?

HOLDAWAY: It's a huge effect. No Child Left Behind requires that 100 percent meet the proficiency level. But many of my students, as wonderful as they are, physically don't have that ability. So we're castigating them and saying, you are the reason our school didn't make adequate yearly progress.

Was your school among those that did not make AYP?

HOLDAWAY: Yes. One-third of Utah schools did not meet AYP and we were one of them. Our special needs group was one group that did not. It breaks your heart. They're expected to pass the test, and they go away feeling so badly about their inability to do it. And by 2014, unless things change, we're going to have 100 percent of schools on that needs improvement list. One hundred percent proficient is just not a reasonable goal. But I don't want to say we should leave students behind. I'm just saying, let's work at a level that's reasonable for each individual child.

The new regulations allow 1 percent of students not to meet the grade level standards. Is that not enough?

HOLDAWAY: It's too low. Many more than 1 percent of students are going to demonstrate an inability to reach grade level.

Is there a conflict here between ESEA and IDEA, the Individuals with Disabilities Education Act?

HOLDAWAY: Under IDEA, you must not discriminate against individuals with disabilities. But No Child Left Behind says all students must be at grade level by 2014. Those requirements compete: You'll measure students at grade level, but by definition, they are not at grade level. Otherwise, they wouldn't be in special education. The federal government lets states set the threshold for proficiency. But to set it at a level all students could pass, we would have to set it at second or third grade.

What do you think might happen to these kids?

HOLDAWAY: I don't know, but it frightens me. There may be an attempt, in some schools, to close access for students with disabilities.

How can this be fixed?

HOLDAWAY: We need more latitude in the requirement to meet proficiency. They need to look at that seriously in the reauthorization of IDEA.

How can we have rigorous academic standards and yet not put kids in a position where they can't succeed?

HOLDAWAY: IDEA is the perfect example. You set goals based on an individual child's abilities. You meet in a team that includes a parent, an administrator, a teacher, and whoever else is needed. And everybody signs off and says, this is what we think Billy can achieve in the next year.

What about other subgroups with larger numbers? Under IDEA, there's a team meeting to set goals for each student. But for limited English or low-income kids, what's the solution?

HOLDAWAY: It would probably be a similar solution. The strength of the law is that disaggregating the data draws attention to those groups. Shining a light on the problem certainly helps. But I have yet to hear anyone admit that there's going to be a cost to bringing these students up. How can we not expect that it's going to cost a lot of money?

You are affected by another controversial part of this law, the "highly qualified" teacher provision. What's the problem there?

HOLDAWAY: Well, I teach history. I teach math. I teach science. I teach English. And I certainly don't have a bachelor's degree in each of those areas. So, strictly, I would not meet the "highly qualified" definition. And there's the same problem with rural teachers teaching multiple subjects.

What should be done about that?

HOLDAWAY: Let the individual states define "highly qualified" teacher.

What do you hear about ESEA from other legislators you work with in the National Conference of State Legislatures?

HOLDAWAY: There's a lot of frustration with what we see as a federal directive on a state responsibility.

Nowhere does the federal Constitution talk about education. But the Utah constitution says that we will provide a free, appropriate, public education for every child. We have that obligation, whereas the federal government does not. And yet, they continue to dictate to states what their education system should look like.