The end of 2011 saw the close of the first term of the 112th U.S. Congress in Washington, DC. As is typical for this transition time, there was a flurry of activity around some major legislative issues before Congress took its winter break. Here’s a quick summary of some the major issues for the TESOL community.

NCLB Waivers
November 2011 saw the first deadline for U.S. states to submit their requests for waivers under the No Child Left Behind Act of 2001 (NCLB), the current version of the Elementary and Secondary Education Act (ESEA). As announced by President Obama in September 2011, through this initiative the Department of Education will offer flexibility exempting qualified states from some of the most burdensome provisions of NCLB.

Prior to this first deadline, TESOL International Association was invited with other groups to a briefing at the Department of Education to hear more about the NCLB waiver process, and how English language learners fit into this picture. Guidance from the Department to states made it clear that English learners are covered by all the principles of this flexibility, and that English learners must be included in state’s system of differentiated recognition, accountability, and support.

For more information about NCLB waivers, visit www.ed.gov/esea/flexibility.

Read TESOL International Association's statement on the initial NCLB waiver proposal.

ESEA Reauthorization
In October, the Health, Education, Labor and Pensions Committee in the U.S. Senate approved a single, 868-page draft bill to reauthorize ESEA, currently authorized as NCLB. (See TESOL International Association’s comments on the proposal.) This draft bill contrasts with the approach taken by the leadership of the House of Representatives, who have chosen to pass a series of smaller bills addressing specific components of ESEA.

That changed in January when Rep. John Kline (R-MN), chair of the House Education and the Workforce Committee, issued a draft comprehensive reauthorization bill. Entitled the Student Success Act, the bill would provide states and school districts flexibility to "meet students' unique needs" and strengthen programs for targeted populations, according to information provided by the committee.

A second draft bill, entitled the Encouraging Innovation and Effective Teachers Act, was also released in January. According to the committee, this bill aims to grow school choice; support innovative school reform driven by states and school districts; and provide better information to parents on teacher effectiveness. This bill would also eliminate "unnecessary and ineffective federal programs."

Summaries of these bills are available online at the TESOL Advocacy Action Center.

WIA Reauthorization
Similar to the case with ESEA, the House and the Senate have taken different approaches regarding the reauthorization of the Workforce Investment Act (WIA). While the Senate issued a draft comprehensive reauthorization bill in June 2011, the House had not acted on WIA reauthorization. That changed in December when two bills were introduced by Rep. Virginia Foxx (R-NC), and by Rep. Joe Heck (R-NV), members of the House Education and the Workforce Committee.

While neither bill is positioned as a reauthorization bill, both would implement significant changes to WIA. Specifically, both bills would substantially revise the first section of the law that focuses on workforce development systems. The bill sponsored by Rep. Foxx—the Streamlining Workforce Development Programs Act (H.R. 3610)—would go further and consolidate many of the programs under WIA and put a greater emphasis on job placement, including programs funded under Title II, such as adult education ESOL programs.

Summary information on both bills is available online at the TESOL Advocacy Action Center.

State of the Union Address
On 24 January, President Obama issued his annual State of the Union Address to a joint session of the U.S. Congress. Education featured prominently in the address, where the president cited its importance for the economy. In addition to comments about the economy, energy, and foreign policy, the president made a point of highlighting the contributions of teachers, and discussed offering greater flexibility to states and schools districts. Lastly, President Obama urged Congress to pass the Development, Relief, and Education of Alien Minors (DREAM) Act, so he could sign it into law.

Read TESOL International Association’s statement on the State of the Union Address.

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