W.Va. Stuck in 'World of Waivers' Until Congress Passes Education Bill

In early 2002, President George W. Bush signed the No Child Left Behind Act, a sweeping education reform bill. The new law required all states to test all children and set federal benchmarks for student achievement in order to receive federal funding. 

West Virginia implemented the reforms and West Virginia Department of Education Chief Accountability Officer Michelle Blatt said the state did see some incremental improvements under the law. Still, she said, one size fits all from Washington did not work in West Virginia. 

“It didn’t matter if you started in one place and really grew a long way,” she said, “there were still sanctions if you didn’t meet the bar that they set.”

 

Now, some 13 years later, members of Congress are thinking of turning that legislation on its head by passing a reauthorization that is essentially a rewrite. 

 

West Virginia Senators Shelley Moore Capito and Joe Manchin voted in favor of the Senate’s version of the reauthorization, titled the Every Child Achieves Act. The bill removes federal achievement benchmarks and puts the power back in the hands of the states to set both achievement goals and accountability measures.

 

“The federal strings are not going to be tied to whether or not you’re meeting certain standards, certain national standards, you have to meet the state standards,” Capito said. 

 

A House version of the bill also pushes authority back to the states, but does not use annual testing as a measure of accountability for states like the Senate version. The House’s bill also allows more flexibility for the use of federal dollars, some which Blatt said could actually hurt West Virginia, including a measure that would allow federal dollars to travel from school to school with low income or special needs students.

 

That measure, Blatt said, could prohibit schools from creating an overarching program to increase achievement because of a lack of funds.

 

Still, Blatt said state control over accountability is a good thing, but a thing West Virginia has had since it received a flexibility waiver from the U.S. Department of Education in 2013.

 

The waiver, which was recently renewed and now expires in 2018, could be taken away from the state at any moment, Blatt said, after a new President is elected or a new Secretary of Education is appointed. That leaves the system unstable. 

 

“I think the important thing about it is just that they can reach agreement and we can get legislation and move forward so that we know there is something set in stone,” Blatt said.

 

“The time that’s been spent writing waivers, the hours that have been spent on peer reviews, re-writing waivers to get approval, that [time] could have been spent working with schools and really making more of a difference.”

 

Because of a debate in Washington over federal highway funding, the debate over No Child Left Behind will likely be pushed off until Congress returns from their summer break in September. 

States Finding Solutions as Congress Debates Highways Funds

Members of Congress will continue to debate a long-term plan to fund the nation’s Highway Trust Fund as the U.S. Senate takes up the bill once again Monday. The fund, which expires Friday, dedicates dollars for highways and railways across the country for six years, but only provides funding for three of those years.

Without any deal, states could take a major hit on the infrastructure projects they already have underway.

“I have to stop somewhere about 350 road projects immediately. It would cost us about $1.2 billion immediately,” Virginia Gov. Terry McAuliffe said Saturday. “It would be a disaster.”

McAuliffe joined 23 other governors, including Gov. Earl Ray Tomblin, gathered at the Greenbrier Resort in White Sulphur Springs over the weekend for the National Governors Association’s summer meeting and while road funding wasn’t on the agenda, it wasn’t far from anyone’s mind.

“We need some predictability,” Kentucky Gov. Steve Beshear said. He added he had made that message clear to his Congressional delegation, which includes Senate Majority Leader Mitch McConnell who has worked to negotiate the long-term deal.

A lot needs to happen before that deal is finalized. Members of the Senate would have to approve it, send it to the House of Representatives for debate and approval and, finally, Pres. Obama would need to sign the measure before the July 31 deadline. Leadership in the House has already made it clear they prefer another short term solution to give themselves more time to negotiate.

With the possibility of another short-term deal, or no deal at all, states are stepping up and taking action on their own.

South Dakota

This year, South Dakota Gov. Dennis Daugaard approved new funding measures at the state level.

“We raised our gas tax by 6 cents a gallon. We raised our vehicle excise tax from 3 percent to 4 percent, that’s the tax when you purchase a vehicle,” Daugaard said. “We also raised our vehicle licensing fees and all those dollars will be aggregated and spent in part on state and U.S. highways and in part on country roads and bridges.”

A Republican, Daugaard added he sees the reluctance of Congress to raise the federal gas tax, a tax rate that hasn’t increased since 1993, but, he said, “the unwillingness of Congress to look at that as a part of the solution is actually surprising.”

Oregon

On July 1, Oregon began a pilot program to test a vehicle miles traveled tax. Five-thousand volunteers will have trackers placed in their cars to keep track of miles, paying 1.5 cents per mile. Any tax a participant pays in the gas tax will be deducted from their final miles rate so volunteers are not double charged.

“Obviously with vehicles traveling more miles per gallon, we have to look for alternative sources for funding,” Oregon Gov. Kate Brown said, adding the program was “worth a shot.”

North Carolina

North Carolina is a state dealing with rapid expansion and congestion in major cities. To combat the issues, Gov. Pat McCory is proposing a road bond, an idea West Virginia lawmakers have floated in recent months.

“I’ve got a $2.8 billion bond proposal for roads and infrastructure that I hope to have on the ballot for November so I can speed up the construction of roads that have been delayed for decades,” McCory said.

“I’m moving on with or without the federal government.”

West Virginia

Gov. Tomblin, like many of his colleagues, is hoping Congress can find a long term solution for road funding, but in the meantime, he met with Senate President Bill Cole and House Speaker Tim Armstead to discuss possible solutions for West Virginia roads.

In a meeting last month, Tomblin asked the Legislative leaders to go to their members and find things they could agree to in the upcoming legislative session.

“I’m hoping if there are those things that the two houses can agree to and my office can agree to that we can join together on a bi-partisan basis to try to raise some additional money,” Tomblin said. 

Manchin Given New U. S. Senate Committee Assignments

U.S. Senator Joe Manchin will have some new committee assignments when the 114th Congress convenes next month. Manchin’s office announced today that he has been assigned to the Senate Committee on Commerce, Science and Transportation and the Senate Veterans’ Affairs Committee. He will continue to be a member of the Senate Armed Services Committee and the Senate Energy and Natural Resources Committee.

“It is a privilege to be assigned to the Senate Committee on Commerce, Science and Transportation and the Senate Veterans’ Affairs Committee as we enter into a new Congress,” Senator Manchin said. “The breadth of issues that these two committees oversee will help me better represent the people of the Mountain State and our West Virginia values.”

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