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No Child Left Behind was approved by Congress with near unanimous support in the unifying days after Sept. 11. Now, more than three years later, educators fret over its weaknesses, and a near unanimous call to change the law is bubbling up from the states.

Forty-seven states are in some “stage of rebellion” against the law, according to a new study by the non-profit Civil Society Institute. Colorado, in fact, is in “open revolt,” joining Utah and Connecticut as the most hard-core nose-thumbers.

The phrase “open revolt” is surely misleading, given the fact most schools and districts in Colorado are doing all they can to meet the law’s mandates. But the survey weighed states on whether they had passed some sort of anti-NCLB legislation, have engaged in any litigation or enacted some type of unfunded-mandate cost studies.

Colorado shot to the top of the list after lawmakers passed a bill this past spring – and Gov. Bill Owens let it become law without his signature – that allows school districts to just say “no” to No Child Left Behind and authorizes them to seek tax hikes to make up for the loss in federal funding.

Districts that forgo No Child Left Behind requirements can’t lose state accreditation either, nor can the state Department of Education impose sanctions on districts that opt out of the federal law.

“The bottom line is the growing rebellion is not a rejection of accountability, raising learning standards or a lack of commitment to closing the achievement gap in our society,” said CSI president Pam Solo. “The recent National Assessment of Education Progress showed many states were well on their way to addressing the achievement gap before No Child Left Behind was enacted.”

We embrace the premise of NCLB, which focuses on classroom achievement of all children, including minorities and those with disabilities. But most states and school districts are struggling with implementation and funding.

No Child Left Behind doesn’t need to be shredded, but it does need to be more flexible. Education Secretary Margaret Spellings is more willing to provide some of that flexibility than her predecessor, and we’d urge states – no matter their stage of rebellion – to work with the federal Education Department to ensure that all students and teachers are being held accountable for meeting lofty, yet reasonable, standards.

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