Virginia Board of Education Resolution 1996-6
Setting Forth Questions Concerning the Goals 2000 Program
Resolution Number 1996-6
May 23, 1996
WHEREAS, the Board of Education has been requested by Governor Allen to evaluate and state its position on participation by the Commonwealth of Virginia and/or its local school divisions in Goals 2000: The Educate America Act (Public Law 103-227) (“Goals 2000”) as recently amended by Congress; and
WHEREAS, the recent amendments to Goals 2000 agreed upon by Congress and the President moved the law in the direction of increased protection for state and local autonomy in education as advocated by Governor Allen and members of the Board of Education, though significant concerns regarding Goals 2000’s potential impact on such autonomy remain; and
WHEREAS, the Board of Education considers the determination of education policies generally, and reform efforts specifically, to be a matter exclusively within the province of the Commonwealth and its local school divisions, and not properly subject to oversight, control or dictates by the federal government; and
WHEREAS, Virginia’s ongoing achievements related to high academic standards and accountability have been, and are being, accomplished through broad-based, bipartisan efforts by the Board of Education, the General Assembly, Governor Allen’s administration, and other interested parties, without any federal assistance, intrusion or involvement of any kind; and
WHEREAS, the recent amendments to Goals 2000 appear to authorize the use of Goals 2000 funds for the purchase of classroom computers and related software for instructional purposes, thereby permitting the funds to be used for one-time non-recurring capital costs that (i) would lessen state or local dependence on the new federal funding stream and (ii) would not open the door to federal involvement in the setting or implementation of academic standards; and
WHEREAS, the Commonwealth of Virginia in the last two years has allocated significant new state funds for the acquisition of computers and computer software for instructional purposes, and federal funds could properly be used in furtherance of this initiative if provided on an unconditional block-grant basis; and
WHEREAS, the Board of Education is uncertain whether, under the Goals 2000 law as amended, the U.S. Department of Education is willing or legally able to provide enforceable written assurances of federal noninterference sufficient to render the Goals 2000 program tantamount to a block-grant for the purchase of computer hardware, without federal mandates, restrictions or intrusion of any kind; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Education acknowledges the recent improvements to the Goals 2000 law designed to protect state and local autonomy in education, and applauds the strong efforts by Governor Allen and others that produced those improvements; and
BE IT FURTHER RESOLVED that extensive, potentially intrusive provisions of the Goals 2000 law remain in place notwithstanding the recent amendments, and the Board of Education is unwilling to approve state or local participation in Goals 2000 until the questions set forth below are answered authoritatively and in writing by the U.S. Department of Education:
1. Could the Commonwealth of Virginia or its local school divisions use all available Goals 2000 funds to acquire classroom computers and software for instructional purposes in connection with the technology initiative proposed by the Governor and approved by the 1996 Session of the Virginia General Assembly?
2. If the Commonwealth of Virginia or its local school divisions apply for, and agree to use, Goals 2000 funds for the sole purpose of acquiring classroom computers and software for instructional purposes, will the U.S. Department of Education execute a written agreement that unconditionally releases the Commonwealth of Virginia and its local school divisions from any obligation to take, continue, or forego any action affecting any aspect of school policies, programs, services, or activities in order to comply with Goals 2000?
BE IT FURTHER RESOLVED that, if the U.S. Department of Education provides any response other than an unconditional affirmative response to each of the foregoing questions, the U.S. Secretary of Education is requested to set forth in detail the statutory provisions or policy considerations that preclude such unconditional affirmative response, and is further requested to provide a written response to each of the specific questions set forth in the Appendix to this Resolution
BE IT FINALLY RESOLVED that a copy of this Resolution shall be sent to the U.S. Secretary of Education for the purpose of obtaining his written response on behalf of the U.S. Department of Education to the questions set forth in this Resolution and Appendix.
APPENDIX
If the U.S. Department of Education is unable or unwilling to provide the unconditional release described in Question #2 of the attached Resolution, the following information is requested for the purpose of assisting the Virginia Board of Education (“Board of Education”) in evaluating with care and specificity the federal statutory and administrative restrictions, mandates and other provisions applicable to states and local school divisions receiving Goals 2000 funds:
1. If the U.S. Department of Education contends it is legally unable to provide the unconditional release described in Question #2 of the attached Resolution, please identify each of the statutory provisions that the U.S. Department of Education contends it lacks the authority to waive and the resulting legal obligations of participating states or local school divisions.
2. If the U.S. Department of Education contends it is legally able to provide the unconditional release described in Question #2 of the attached Resolution but refuses to do so as a matter of policy, please identify the policy considerations for each such refusal and the resulting legal obligations of participating states or local school divisions.
3. Please state whether the Board of Education may provide that participation in Goals 2000 by the Commonwealth of Virginia or its local school divisions (i) shall be limited to funds available for federal fiscal years 1995 and 1996, and (ii) such participation shall thereafter terminate automatically, without any obligation on the part of the Commonwealth or local school divisions, unless expressly continued or renewed through action by the Board of Education and the Governor.
4. Please state whether the Board of Education may reserve the right to withdraw from the Goals 2000 program at any time by so notifying the U.S. Secretary of Education in writing and reimbursing the U.S. Department of Education for funds received by the Commonwealth of Virginia under the program for the fiscal year in which such withdrawal occurs.
5. If the Commonwealth of Virginia or its local school divisions were to apply for, and agree to use, all available Goals 2000 funds for the sole purpose of acquiring classroom computers and software for instructional purposes, please state whether the U.S. Department of Education could and would provide each of the following written and enforceable assurances:
a. The U.S. Department of Education will not, now or in the future, require the Commonwealth of Virginia or its local school divisions to submit any state or local education policies, programs, services or activities to federal review, federal approval, or federal oversight under Goals 2000 or any other law or regulation.
b. The U.S. Department of Education will not obligate the Commonwealth of Virginia or its local school divisions to coordinate or conform any Virginia or local education program with any provision of the Goals 2000 law.
c. The U.S. Department of Education will not subject the Commonwealth of Virginia or any of its local school divisions to any administrative or judicial action, whether instigated by the U.S. Government or a private party, to compel reimbursement of the funds or to compel compliance with any provision of the Goals 2000 law.
d. The U.S. Department of Education will not, now or in the future, require the Commonwealth of Virginia or its local school divisions to submit a state or local “improvement plan” or any comparable plan or program to the U.S. Department of Education, or to provide assurances to the U.S. Department of Education that any education plan or program in Virginia meets any requirement of the Goals 2000 law.
e. The U.S. Department of Education will not, now or in the future, require the Commonwealth of Virginia or its local school divisions to create any new panel in order to qualify for funds under Goals 2000.
f. The U.S. Department of Education will not, now or in the future, require the Commonwealth of Virginia or its local school divisions to submit the Standards of Learning, locally approved standards, state or local assessments, consequences based on assessments, or any other aspect of their education policies, programs, and reforms to peer review, review by the U.S. Department of Education, or site visits by peers or the U.S. Department of Education
g. The U.S. Department of Education will not, now or in the future, require the Commonwealth of Virginia or its local school divisions to establish performance standards or assessments for the Standards of Learning, or to establish and implement any form of assessment other than that chosen by the Board of Education and/or local school boards in the exercise of their responsibilities and discretion under Virginia law.
h. The U.S. Department of Education will not, now or in the future, require the Commonwealth of Virginia or its local school divisions to implement “Outcome-Based Education” or any similar policy, program or reform.
i. The U.S. Department of Education will not, now or in the future, require the Commonwealth of Virginia or its local school divisions to implement, coordinate or expand their education programs in accordance with any “School-To-Work” programs.
j. The U.S. Department of Education will not, now or in the future, require the Commonwealth of Virginia or its local school divisions to implement, coordinate or expand their education programs with any vocational education programs such as the Carl Perkins Vocational and Applied Technology Act.
k. The U.S. Department of Education will not, now or in the future, require the Commonwealth of Virginia or its local school divisions to modify any licensing or professional development programs.
l. The U.S. Department of Education will not, now or in the future, require the Commonwealth of Virginia or its local school divisions to provide, expand or consolidate any social services for students and/or parents.
m. The U.S. Department of Education will not, now or in the future, require the Commonwealth of Virginia or its local school divisions to expand, focus, or direct resources to at-risk students, or to modify the definition of at-risk students, except as provided under Virginia law and pursuant to state and local education policies.
n. The U.S. Department of Education will not, now or in the future, require the Commonwealth of Virginia or its local school divisions to participate in student data collection for any state for federal purpose.
o. The U.S. Department of Education will not, now or in the future, require the Commonwealth of Virginia to allocate Goals 2000 funds among local school divisions on a competitive basis, or any basis other than as may be prescribed pursuant to Virginia law.
Adopted in the Minutes of the Virginia Board of Education
May 23, 1996