The law in its present form, two years past the due date for reauthorization, will likely be with us, as is, for a good while more.

Read the entire article on nytimes.com.
http://www.nytimes.com/2010/01/29/education/29child.html

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Experts Say a Rewrite of Nation's Main Education Law Will Be Hard This Year

By SAM DILLON

In his State of the Union address, President Obama held out the hope of overhauling the main law outlining the federal role in public schools, a sprawling 45-year-old statute that dates to the Johnson administration.

But experts say it would be a heavy lift for the administration to get the job done this year because the law has produced so much discord, there is so little time and there are so many competing priorities.

In 2001, when Congress completed the law's most recent rewrite, the effort took a full year, and the bipartisan consensus that made that possible has long since shattered. Today there is wide agreement that the law needs an overhaul, but not on how to fix its flaws.

Since it was recast into its current form by the second Bush administration — and renamed No Child Left Behind — it has generated frequent, divisive debate, partly because it requires schools to administer far more standardized tests and because it labels schools that fail to make progress fast enough each year as "needing improvement." That category draws penalties and has grown to include more than 30,000 schools.

Several states sued the Bush administration over the law in the last decade, unsuccessfully. Connecticut challenged its financing provisions, saying it imposed costly demands without providing adequate financing. Arizona fought rules on the testing of immigrant students....

During the 2008 campaign and his first year in office, President Obama's posture was popular with almost everyone: the law embodies worthwhile goals like narrowing the achievement gap between minority and white students, he said, but includes flawed provisions that need fixing. Once any rewrite begins in earnest, however, Mr. Obama will need to support specific changes that will be unpopular with at least some groups.

"Few subjects divide educators more intensely," Secretary of Education Arne Duncan said in a speech about the law in September....

Changes in the Congressional leadership could complicate the effort. The death of Senator Edward M. Kennedy, who worked closely with President George W. Bush in 2001, removed a passionate believer in the law.

Senator Tom Harkin, the Iowa Democrat who replaced Mr. Kennedy as chairman of the Senate education committee, has other priorities. He wants to continue the law's focus on closing achievement gaps, but to include an emphasis on school nutrition and physical fitness programs.

"We also need to take a new approach to things that are not working, like using the same solutions for all school problems," Mr. Harkin said.

Some Republicans, including Representative John Kline, the Minnesotan who is the ranking minority member of the House education committee, say they want changes to the law, but are in no hurry....

Chester E. Finn, Jr., an assistant secretary of education in the Reagan administration, wrote in a blog post on Thursday: "One can only wish them well, but reworking this monstrously complex statute is apt to prove almost as challenging as health care."

"The odds of getting a full-dress reauthorization done between now and August are very, very slender," Mr. Finn said in an interview.